Updated on: April 17, 2018
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.
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.
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.
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.
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.
You agree to comply with the following requirements (our "Code of Conduct") when you use the Service:
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.
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.
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.
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.
Upon termination of your account for any reason, you agree to no longer access (or attempt to access) the Service.
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.
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.
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.
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.
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.
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
316 W. 2nd Street Suite 1006
Los Angeles, CA 90012
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.
(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.
(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.
Contact Us: For all correspondence, please submit a request to us at community@FUN-GI.com.