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Updated on: February 14, 2024
These Terms of Service are a binding agreement between you and FUN-GI GAMES LLC, and/or affiliated companies (collectively, “FUN-GI” or “our” or “we” or “us”) that governs your use of the Service. The “Service” means (i) the website located at https://www.FUN-GI.com (the “Site”), including any services, features and content accessible or downloadable from the Site, and (ii) any other FUN-GI mobile applications or games, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources. These Terms of Service include and hereby incorporate FUN-GI’s Privacy Policy, which is currently located at https://www.FUN-GI.com/privacy-policy.
1. Your Agreement to these Terms of Service
Please read these Terms of Service carefully. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Service, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
You also acknowledge that you have downloaded a Service for free, and while there are additional content available for purchase (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to participate in or advance within the Service.
2. Changes to the Terms of Service
We reserve the right to modify these Terms of Service from time to time by posting updated versions in the Site. Unless we state otherwise, changes are effective when we post or notify you of them. By continuing to use the Service after the posting of changes to these Terms of Use, you agree to the changes and the updated Terms of Service.
3. Limited License Grant and Restrictions
Subject to your agreement and continuing compliance with these Terms of Service, FUN-GI grants you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use the following: (a) the portions of the Service that are freely accessible from the FUN-GI Site or that are, with FUN-GI’s authorization, made freely accessible from third party websites or sources, and (b) such other portions of the Service accessible on a “for-payment” basis, provided that you have paid the applicable fees and satisfied all applicable conditions. The license in the preceding sentence is (i) solely for your personal, non-commercial use; and (ii) solely for a single computer to access the Site and solely on a device to access applications.
4. Registration, User Data and Accounts
You may register to play our games through the Service (the “Account”). As part of this registration process, you may be asked to provide information about yourself in order to use the Service. You agree to provide and maintain (updating as necessary) true, accurate, complete and current information as requested by the Service. If you provide any information that is untrue, inaccurate, incomplete or not current, FUN-GI has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.
We may also allow you to create an Account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).
You shall not share your Account or your Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. You are solely responsible for maintaining the confidentiality of your Account, and you will be solely responsible for all uses of your Account, including any purchases, loss of In-App Purchases or other in-game items, or other changes to your Account and/or game status, whether or not authorized by you. FUN-GI will not be responsible for anything that happens through or to your Account and/or game status as a result of you allowing any third party to access your Account.
FUN-GI reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
5. Intellectual Property Rights in the Service
Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to the Service, including all content made available through the Service and the technology and software used to provide the Service. The Service is protected by copyright, trademark and other laws. If you violate these Terms of Service, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms of Service. In addition, you agree not to copy, sell, transfer, modify, create derivative works of, decompile, or otherwise attempt to extract any portion of the Service from us.
If you provide us with any suggestions for enhancement or feedback regarding the Service or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Service, without any obligation to compensate you.
6. Trademarks and Copyrights
The term “FUN-GI,” the FUN-GI logo and other FUN-GI games, LLC logos and product and service names are trademarks and service marks of, and are owned by, FUN-GI. You may not use or display such trademarks in any manner, including without limitation using such trademarks as “metatags,” except as expressly set forth in these Terms of Service. All third party trademarks and service marks appearing on the Service are the property of their respective owners and all rights therein are reserved.
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of games) are owned by FUN-GI. FUN-GI reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with the Service.
7. Code of Conduct
You agree to comply with the following requirements (our "Code of Conduct") when you use the Service:
You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download the Service, including any terms regarding payment for In-App Purchases made through such platforms.
You will not attempt to obtain login information or access another player’s account, collect or harvest personal information from other users.
You will not exploit, distribute or publicly inform other users of any game error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology.
You will not exploit differences in pricing for In-App Purchases or in-game Items (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make In-App Purchases or purchase in-game Items on your behalf in order to take advantage of a difference in pricing.
You will not harass, threaten or bully any other player, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
You will not use the Service for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring in-game items for sale.
You will not use the Service for performing in-game services for payment, such as leveling up or item collection services.
You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service experience.
You will not remove or obscure any proprietary notices within the Service.
You will not to disrupt or attempt to disrupt the Service or any other person’s use or enjoyment of the Service.
You will not attempt to gain unauthorized access to the Service, to accounts registered to others, or to networks from which portions of the Service are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Service.
You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from the Service or that is in transit from or to the Service.
You will not make any automated use of the Service, or take any action that imposes an unreasonable burden on our infrastructure.
You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data from the Service.
You will not improperly use our support services, including by submitting false reports.
Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Service.
You will not copy, modify or distribute content from the Service except as specifically authorized by us.
You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
Failure to comply with this Code of Conduct may result in the suspension of your account, or any portion of your account, and/or subject you to any of the penalties identified in Section 9 herein.
8. Virtual Currency and Virtual Goods
The Service may include virtual currency, such as capital, points or similar items that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (“Virtual Currency”). The Service may also include virtual digital items, such as commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (“Virtual Goods”). FUN-GI reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods. FUN-GI shall have no liability to you or any third party in the event that FUN-GI exercises any such rights. You have no right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service except the following: You will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Service, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by FUN-GI. When you purchase Virtual Currency or Virtual Goods in our Service on third-party platforms such as Apple or Google, FUN-GI is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information.
You understand that while you may earn, buy, or purchase Virtual Currency or Virtual Goods in our Service, you do not legally own the Virtual Currency or Virtual Goods and the amounts of any Virtual item do not refer to any credit balance of real currency or its equivalent. Any Virtual Currency balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
You agree that the transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized in the Service. Also, outside of the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to FUN-GI, any other user of the Service or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, unless FUN-GI or the applicable third party platform decides in its sole and absolute discretion to provide a refund. You agree that in the event that these Terms of Service, your Account or the Service is terminated for any reason, which may include without limitation FUN-GI’s discontinuation for any reason of the applicable portion of the Service, you will forfeit all Virtual Currency and Virtual Goods and FUN-GI will have no liability to you in connection with that forfeiture.
Some of FUN-GI’s games may offer subscription-based Service. If you purchase a subscription through a third-party platform such as Apple or Google, the applicable platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment and cancellation terms for additional information. Your subscription will automatically renew each subscription period unless and until you terminate your subscription or we terminate it. You must cancel your subscription before it renews, otherwise payment of the subscription fees for the next period will be taken automatically via your chosen payment method. Canceling your subscription for the next subscription period can be managed through the settings on your device.
9. Termination
You may terminate your account at any time, for any reason or no reason, by issuing an in-game message or by sending an email to community@FUN-GI.com with the subject entitled “Termination.”
We reserve the right to suspend or discontinue the Service or any part of it at any time, including any features, game elements and in-game Items and revoke any and all licenses provided to you under these Terms of Service. If that happens, we are not required to provide refunds, benefits or other compensation to you for discontinued elements of the Service or for any in-game items previously earned or purchased, and you will have no further right to access your account or use the Game. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT, AND PROHIBIT ACCESS TO THE SERVICE AND THE CONTENT, TOOLS AVAILABLE THROUGH THE SERVICE, OR DELAY OR REMOVE USER CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. FUN-GI RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Upon termination of your account for any reason, you agree to no longer access (or attempt to access) the Service.
10. Disputes with Others
FUN-GI reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service. You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. You will cooperate fully with FUN-GI to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting FUN-GI access to any password-protected portions of your Account. FUN-GI hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Service.
11. Dispute Resolution
You and FUN-GI agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service. They will also apply to disputes that arose before we entered into this agreement. If you are having a problem with the Service, many issues can be resolved on one of our forums. You may find resolution by clicking on the “Help” or “Contact Us” link on that Service within settings or emailing community@fun-gi.com. Before initiating any arbitration or court proceeding, first contact our player experience or customer care team to address your issue. Most disputes can be resolved that way.
In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Either you or FUN-GI may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or FUN-GI brings a claim in court that can be resolved by arbitration under this Section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 11 (“Dispute Resolution”) is valid or enforceable, or whether it applies to a claim.
An arbitration proceeding will be held before a neutral arbitrator. This means you and FUN-GI agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or FUN-GI can ask the arbitrator to put a decision or award and the reasons for it in writing. You or FUN-GI can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and FUN-GI will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.
The arbitration process will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s rules or to start arbitration, you can go to AAA’s website: https://adr.org/. You and FUN-GI agree to provide the other party with a written Demand for Arbitration as specified in AAA Rules if either party decides to start arbitration.
The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.
The arbitration will take place either in Los Angeles, California, USA or in the county or province where you reside.
You and FUN-GI agree that the arbitration agreement will not apply to the following disputes: 1) claims about FUN-GI’s intellectual property, such as claims to enforce, protect, or concerning the validity of FUN-GI’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights, 2) claims related to piracy or tortious interference, 3) claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration, and 4) claims in small claims court. Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 14 (“Governing Law and Remedies”).
You and FUN-GI agree that we can only bring claims against each other on an individual basis. That means: 1) you cannot bring a claim against FUN-GI as a plaintiff or class member in a class, collective, consolidated, or representative action, 2) the arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding, and 3) the arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes. If this no class action agreement is found to be unenforceable or invalid, then the entirety of this Section 11 shall be void.
You can choose to opt out of and not be bound by the arbitration and no class action agreement above by sending written notice of your decision to opt out to community@fun-gi.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, FUN-GI also will not be bound by them.
12. Disclaimers of Warranties and Damages, Limitations of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER FUN-GI NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “FUN-GI PARTIES”) WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU OR (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.
UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FUN-GI PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FUN-GI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE FUN-GI PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FUN-GI IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID FUN-GI ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FUN-GI IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that FUN-GI or any other FUN-GI Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of FUN-GI’s and such FUN-GI Party’s liability shall be the minimum permitted under such applicable law.
13. Indemnification
You agree to indemnify, defend and hold FUN-GI Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your Account) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your Account) use of the Service, (3) your (or anyone accessing the Service using your Account) violation of these Terms of Service, and (4) your (or anyone accessing the Service using your Account) violation of any rights of any other person or entity. FUN-GI reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with FUN-GI to defend these claims.
14. Governing Law and Remedies
These Terms of Service and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Los Angeles, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to FUN-GI under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to FUN-GI for which remedies at law are inadequate. FUN-GI shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.
15. Links to Third Party Websites
The Service may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively "Third Party Promotions "), some of which may invite you to participate in promotional offers in return for receiving optional services and/or in-game items. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and FUN-GI has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
16. Digital Millennium Copyright Act (“DMCA”) Notice
FUN-GI takes seriously and responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When FUN-GI receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.
To Submit a Notice:
If you believe that in-game content infringes on your copyright, you must submit a written notification to FUN-GI either by email or written letter (regular mail or courier). The Notice must include the following:
1. An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
2. A description of the nature and exact location of the content you claim infringes your copyright;
3. Your name, address, telephone number, and email address;
4. Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
5. A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /John Doe/).
Send the written Notice to the designated copyright agent at FUN-GI by emailing us at community@FUN-GI.com or by sending the Notice to:
FUN-GI games LLC
Attn: Designated Copyright Agent
214 Main Street, #490
El Segundo, CA 90245
To Submit a Notice:
Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from FUN-GI, or have been otherwise advised by FUN-GI that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.
17. Miscellaneous Provisions
(a) Access and Availability. You agree to be responsible for obtaining and maintaining all telephone, computer hardware, mobile devices and any other equipment needed for access to and use of the Service, and all charges related thereto. FUN-GI operates and controls the Service from its offices in the United States. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject FUN-GI to any registration requirement within such jurisdiction or country.
(b) Entire Agreement. These Terms of Service, Privacy Policy, and additional FUN-GI published policies and rules, constitute the entire agreement between you and FUN-GI with respect to your use of the Service and any other subject matter hereof, supersede all prior understandings of the parties, whether electronic, oral or written, or whether established by custom, practice, policy or precedent and cannot be changed or modified by you except as expressly posted on the Service by FUN-GI.
(c) No Waiver. The failure of FUN-GI to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.
(d) Assignment. These Terms of Service may not be assigned by you without FUN-GI’s prior written consent, but are freely assignable by FUN-GI.
(e) Compliance. Upon FUN-GI’s request, you will furnish FUN-GI any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service.
(f) Construction and Waiver of Defenses. You agree that these Terms of Service will not be construed against FUN-GI by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
(g) Force Majeure. FUN-GI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.
For Australia and New Zealand Users Only: Upon termination of your account, FUN-GI will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.
For European Union Users Only: If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the in-game item.
For California Users Only : Under California Civil Code Section 1789.3, consumers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1(800) 952-5210. FUN-GI may be contacted in writing at Attn: Legal, FUN-GI GAMES LLC, 214 Main Street, #490, El Segundo, CA, 90245.
Contact Us: For all correspondence, please submit a request to us at community@FUN-GI.com.
These Terms of Service are a binding agreement between you and FUN-GI GAMES LLC, and/or affiliated companies (collectively, “FUN-GI” or “our” or “we” or “us”) that governs your use of the Service. The “Service” means (i) the website located at https://www.FUN-GI.com (the “Site”), including any services, features and content accessible or downloadable from the Site, and (ii) any other FUN-GI mobile applications or games, service or product licensed, downloaded or otherwise accessed by you through third party websites or sources. These Terms of Service include and hereby incorporate FUN-GI’s Privacy Policy, which is currently located at https://www.FUN-GI.com/privacy-policy.
1. Your Agreement to these Terms of Service
Please read these Terms of Service carefully. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Service, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
You also acknowledge that you have downloaded a Service for free, and while there are additional content available for purchase (“In-App Purchases”), such In-App Purchases are entirely voluntary and not required to participate in or advance within the Service.
2. Changes to the Terms of Service
We reserve the right to modify these Terms of Service from time to time by posting updated versions in the Site. Unless we state otherwise, changes are effective when we post or notify you of them. By continuing to use the Service after the posting of changes to these Terms of Use, you agree to the changes and the updated Terms of Service.
3. Limited License Grant and Restrictions
Subject to your agreement and continuing compliance with these Terms of Service, FUN-GI grants you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to use the following: (a) the portions of the Service that are freely accessible from the FUN-GI Site or that are, with FUN-GI’s authorization, made freely accessible from third party websites or sources, and (b) such other portions of the Service accessible on a “for-payment” basis, provided that you have paid the applicable fees and satisfied all applicable conditions. The license in the preceding sentence is (i) solely for your personal, non-commercial use; and (ii) solely for a single computer to access the Site and solely on a device to access applications.
4. Registration, User Data and Accounts
You may register to play our games through the Service (the “Account”). As part of this registration process, you may be asked to provide information about yourself in order to use the Service. You agree to provide and maintain (updating as necessary) true, accurate, complete and current information as requested by the Service. If you provide any information that is untrue, inaccurate, incomplete or not current, FUN-GI has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.
We may also allow you to create an Account through third party social networks or services (such as Facebook) with whom you maintain an account (a “Third Party Service”).
You shall not share your Account or your Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. You are solely responsible for maintaining the confidentiality of your Account, and you will be solely responsible for all uses of your Account, including any purchases, loss of In-App Purchases or other in-game items, or other changes to your Account and/or game status, whether or not authorized by you. FUN-GI will not be responsible for anything that happens through or to your Account and/or game status as a result of you allowing any third party to access your Account.
FUN-GI reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
5. Intellectual Property Rights in the Service
Except for the limited license granted herein, we and our licensors retain all right, title and interest in and to the Service, including all content made available through the Service and the technology and software used to provide the Service. The Service is protected by copyright, trademark and other laws. If you violate these Terms of Service, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms of Service. In addition, you agree not to copy, sell, transfer, modify, create derivative works of, decompile, or otherwise attempt to extract any portion of the Service from us.
If you provide us with any suggestions for enhancement or feedback regarding the Service or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Service, without any obligation to compensate you.
6. Trademarks and Copyrights
The term “FUN-GI,” the FUN-GI logo and other FUN-GI games, LLC logos and product and service names are trademarks and service marks of, and are owned by, FUN-GI. You may not use or display such trademarks in any manner, including without limitation using such trademarks as “metatags,” except as expressly set forth in these Terms of Service. All third party trademarks and service marks appearing on the Service are the property of their respective owners and all rights therein are reserved.
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, and recordings of games) are owned by FUN-GI. FUN-GI reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with the Service.
7. Code of Conduct
You agree to comply with the following requirements (our "Code of Conduct") when you use the Service:
You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download the Service, including any terms regarding payment for In-App Purchases made through such platforms.
You will not attempt to obtain login information or access another player’s account, collect or harvest personal information from other users.
You will not exploit, distribute or publicly inform other users of any game error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats ("gifs"), cookies, or similar technology.
You will not exploit differences in pricing for In-App Purchases or in-game Items (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make In-App Purchases or purchase in-game Items on your behalf in order to take advantage of a difference in pricing.
You will not harass, threaten or bully any other player, nor post or submit any abusive, threatening, bullying, harassing, obscene, defamatory, offensive, pornographic or illegal content, or content that infringes or violates the rights of someone else, or impersonate any other person.
You will not use the Service for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring in-game items for sale.
You will not use the Service for performing in-game services for payment, such as leveling up or item collection services.
You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Service experience.
You will not remove or obscure any proprietary notices within the Service.
You will not to disrupt or attempt to disrupt the Service or any other person’s use or enjoyment of the Service.
You will not attempt to gain unauthorized access to the Service, to accounts registered to others, or to networks from which portions of the Service are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Service.
You will not use any service or software that accesses, intercepts, "mines," or otherwise collects information from the Service or that is in transit from or to the Service.
You will not make any automated use of the Service, or take any action that imposes an unreasonable burden on our infrastructure.
You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data from the Service.
You will not improperly use our support services, including by submitting false reports.
Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for the Service.
You will not copy, modify or distribute content from the Service except as specifically authorized by us.
You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
Failure to comply with this Code of Conduct may result in the suspension of your account, or any portion of your account, and/or subject you to any of the penalties identified in Section 9 herein.
8. Virtual Currency and Virtual Goods
The Service may include virtual currency, such as capital, points or similar items that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (“Virtual Currency”). The Service may also include virtual digital items, such as commodities, abilities or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (“Virtual Goods”). FUN-GI reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Goods. FUN-GI shall have no liability to you or any third party in the event that FUN-GI exercises any such rights. You have no right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service except the following: You will have a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the Service, Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by FUN-GI. When you purchase Virtual Currency or Virtual Goods in our Service on third-party platforms such as Apple or Google, FUN-GI is not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions. Please review the platform’s terms of service for additional information.
You understand that while you may earn, buy, or purchase Virtual Currency or Virtual Goods in our Service, you do not legally own the Virtual Currency or Virtual Goods and the amounts of any Virtual item do not refer to any credit balance of real currency or its equivalent. Any Virtual Currency balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license.
You agree that the transfer of Virtual Currency and Virtual Goods is prohibited except where expressly authorized in the Service. Also, outside of the Service, you shall not sell, redeem or otherwise transfer Virtual Currency or Virtual Goods to FUN-GI, any other user of the Service or any other party.
You agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, unless FUN-GI or the applicable third party platform decides in its sole and absolute discretion to provide a refund. You agree that in the event that these Terms of Service, your Account or the Service is terminated for any reason, which may include without limitation FUN-GI’s discontinuation for any reason of the applicable portion of the Service, you will forfeit all Virtual Currency and Virtual Goods and FUN-GI will have no liability to you in connection with that forfeiture.
Some of FUN-GI’s games may offer subscription-based Service. If you purchase a subscription through a third-party platform such as Apple or Google, the applicable platform will charge you for the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment and cancellation terms for additional information. Your subscription will automatically renew each subscription period unless and until you terminate your subscription or we terminate it. You must cancel your subscription before it renews, otherwise payment of the subscription fees for the next period will be taken automatically via your chosen payment method. Canceling your subscription for the next subscription period can be managed through the settings on your device.
9. Termination
You may terminate your account at any time, for any reason or no reason, by issuing an in-game message or by sending an email to community@FUN-GI.com with the subject entitled “Termination.”
We reserve the right to suspend or discontinue the Service or any part of it at any time, including any features, game elements and in-game Items and revoke any and all licenses provided to you under these Terms of Service. If that happens, we are not required to provide refunds, benefits or other compensation to you for discontinued elements of the Service or for any in-game items previously earned or purchased, and you will have no further right to access your account or use the Game. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT, AND PROHIBIT ACCESS TO THE SERVICE AND THE CONTENT, TOOLS AVAILABLE THROUGH THE SERVICE, OR DELAY OR REMOVE USER CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. FUN-GI RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Upon termination of your account for any reason, you agree to no longer access (or attempt to access) the Service.
10. Disputes with Others
FUN-GI reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service. You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. You will cooperate fully with FUN-GI to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting FUN-GI access to any password-protected portions of your Account. FUN-GI hereby disclaims any and all liability to you or any third party relating to any dispute between you and other users of the Service.
11. Dispute Resolution
You and FUN-GI agree that the processes for dispute resolution described in this agreement will apply to any dispute or claims related to these Terms of Service, the Privacy Policy, or the Service. Disputes include any claims of any kind, including but not limited to legal, equitable, or statutory claims. Processes for dispute resolution will apply even if you stop using your Account, delete your Account, or stop using the Service. They will also apply to disputes that arose before we entered into this agreement. If you are having a problem with the Service, many issues can be resolved on one of our forums. You may find resolution by clicking on the “Help” or “Contact Us” link on that Service within settings or emailing community@fun-gi.com. Before initiating any arbitration or court proceeding, first contact our player experience or customer care team to address your issue. Most disputes can be resolved that way.
In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Either you or FUN-GI may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below. If you or FUN-GI brings a claim in court that can be resolved by arbitration under this Section, then either party can ask the court to order the parties to resolve the claim by arbitration. The arbitrator will have the exclusive authority to decide whether any portion of Section 11 (“Dispute Resolution”) is valid or enforceable, or whether it applies to a claim.
An arbitration proceeding will be held before a neutral arbitrator. This means you and FUN-GI agree to give up the right to resolve the dispute in a trial before a judge or jury. Arbitration has different rules than formal lawsuits. After the arbitrator decides the outcome, that decision will be final. You or FUN-GI can ask the arbitrator to put a decision or award and the reasons for it in writing. You or FUN-GI can ask a court to confirm or enter the arbitrator’s final decision or award, which will make it the same as a court judgment. You and FUN-GI will generally not be able to change the outcome of arbitration through courts outside of very limited circumstances.
The arbitration process will be run by the American Arbitration Association (“AAA”). AAA’s rules and procedures will be used for the arbitration, including the Consumer Arbitration Rules. But if there is a conflict between these Terms of Service and AAA’s rules and procedures, then we will follow these Terms of Service. To review AAA’s rules or to start arbitration, you can go to AAA’s website: https://adr.org/. You and FUN-GI agree to provide the other party with a written Demand for Arbitration as specified in AAA Rules if either party decides to start arbitration.
The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. Each side will pay their own attorneys’ fees and costs unless the claims allow for the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award them under the applicable law. If either party unsuccessfully challenges the validity of the arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall pay the opposing party’s costs and attorneys’ fees associated with the challenge.
The arbitration will take place either in Los Angeles, California, USA or in the county or province where you reside.
You and FUN-GI agree that the arbitration agreement will not apply to the following disputes: 1) claims about FUN-GI’s intellectual property, such as claims to enforce, protect, or concerning the validity of FUN-GI’s copyrights, trademarks, trade dress, domain names, patents, trade secrets, or other intellectual property rights, 2) claims related to piracy or tortious interference, 3) claims that are not subject to an arbitration agreement as a matter of law and are not preempted by federal law that would allow for an agreement to arbitration, and 4) claims in small claims court. Any dispute not subject to arbitration under these exceptions shall be resolved by a court of competent jurisdiction as described in Section 14 (“Governing Law and Remedies”).
You and FUN-GI agree that we can only bring claims against each other on an individual basis. That means: 1) you cannot bring a claim against FUN-GI as a plaintiff or class member in a class, collective, consolidated, or representative action, 2) the arbitrator cannot combine any other person’s claims with yours into a single case or preside over any class, collective, consolidated, or representative arbitration proceeding, and 3) the arbitrator’s decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes. If this no class action agreement is found to be unenforceable or invalid, then the entirety of this Section 11 shall be void.
You can choose to opt out of and not be bound by the arbitration and no class action agreement above by sending written notice of your decision to opt out to community@fun-gi.com with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of the Service or availability of this opt-out, whichever is later. If you do not send us a notice within that time, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, FUN-GI also will not be bound by them.
12. Disclaimers of Warranties and Damages, Limitations of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER FUN-GI NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “FUN-GI PARTIES”) WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU OR (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED.
UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FUN-GI PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FUN-GI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE FUN-GI PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FUN-GI IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID FUN-GI ANY SUCH AMOUNTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FUN-GI IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that FUN-GI or any other FUN-GI Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of FUN-GI’s and such FUN-GI Party’s liability shall be the minimum permitted under such applicable law.
13. Indemnification
You agree to indemnify, defend and hold FUN-GI Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your Account) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your Account) use of the Service, (3) your (or anyone accessing the Service using your Account) violation of these Terms of Service, and (4) your (or anyone accessing the Service using your Account) violation of any rights of any other person or entity. FUN-GI reserves the right, at your expense, to assume the exclusive defense and control of any indemnifiable matter and you agree to cooperate with FUN-GI to defend these claims.
14. Governing Law and Remedies
These Terms of Service and any action related thereto or to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Los Angeles, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to FUN-GI under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to FUN-GI for which remedies at law are inadequate. FUN-GI shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond) in the event of any breach or anticipatory breach by you. You hereby irrevocably waive all rights to seek injunctive or other equitable relief.
15. Links to Third Party Websites
The Service may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively "Third Party Promotions "), some of which may invite you to participate in promotional offers in return for receiving optional services and/or in-game items. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and FUN-GI has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
16. Digital Millennium Copyright Act (“DMCA”) Notice
FUN-GI takes seriously and responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When FUN-GI receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.
To Submit a Notice:
If you believe that in-game content infringes on your copyright, you must submit a written notification to FUN-GI either by email or written letter (regular mail or courier). The Notice must include the following:
1. An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
2. A description of the nature and exact location of the content you claim infringes your copyright;
3. Your name, address, telephone number, and email address;
4. Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
5. A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /John Doe/).
Send the written Notice to the designated copyright agent at FUN-GI by emailing us at community@FUN-GI.com or by sending the Notice to:
FUN-GI games LLC
Attn: Designated Copyright Agent
214 Main Street, #490
El Segundo, CA 90245
To Submit a Notice:
Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from FUN-GI, or have been otherwise advised by FUN-GI that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.
17. Miscellaneous Provisions
(a) Access and Availability. You agree to be responsible for obtaining and maintaining all telephone, computer hardware, mobile devices and any other equipment needed for access to and use of the Service, and all charges related thereto. FUN-GI operates and controls the Service from its offices in the United States. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject FUN-GI to any registration requirement within such jurisdiction or country.
(b) Entire Agreement. These Terms of Service, Privacy Policy, and additional FUN-GI published policies and rules, constitute the entire agreement between you and FUN-GI with respect to your use of the Service and any other subject matter hereof, supersede all prior understandings of the parties, whether electronic, oral or written, or whether established by custom, practice, policy or precedent and cannot be changed or modified by you except as expressly posted on the Service by FUN-GI.
(c) No Waiver. The failure of FUN-GI to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.
(d) Assignment. These Terms of Service may not be assigned by you without FUN-GI’s prior written consent, but are freely assignable by FUN-GI.
(e) Compliance. Upon FUN-GI’s request, you will furnish FUN-GI any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service.
(f) Construction and Waiver of Defenses. You agree that these Terms of Service will not be construed against FUN-GI by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
(g) Force Majeure. FUN-GI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.
For Australia and New Zealand Users Only: Upon termination of your account, FUN-GI will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.
For European Union Users Only: If you reside in the European Union, you acknowledge that you will no longer have the right to cancel under the EU's Consumer Rights Directive (or implementing legislation in the country where you are located) once we start to supply you with the in-game item.
For California Users Only : Under California Civil Code Section 1789.3, consumers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1(800) 952-5210. FUN-GI may be contacted in writing at Attn: Legal, FUN-GI GAMES LLC, 214 Main Street, #490, El Segundo, CA, 90245.
Contact Us: For all correspondence, please submit a request to us at community@FUN-GI.com.