Last updated: 1st February 2024
PLEASE READ THESE TERMS CAREFULLY. These Terms form a legally binding contract between you and us. By accessing or using any of the Services you accept and agree to these Terms. If you do not agree to these Terms then do not access, purchase or use our Services.
“Games” means any games developed and/or made available by us, whether existing now or in the future.
1. About you
1.1 THESE TERMS FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. BY ACCESSING OR USING ANY OF THE SERVICES YOU AGREE THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE (WHICH IS 18 YEARS OLD IN MOST COUNRIES, 20 YEARS OLD IN THAILAND) AND ACCEPT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT ACCESS, PURCHASE, OR USE OUR SERVICES. IF YOU ARE YOUNGER THAN THE AGE OF MAJORITY, YOU AGREE THAT YOU HAVE REVIEWED THESE TERMS WITH YOUR PARENT(S) OR GUARDIAN(S) AND THEY HAVE AGREED TO THESE TERMS ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THEM. IF WE ARE INFORMED BY A PARENT/GUARDIAN THAT THEIR CHILD HAS MISREPRESENTED HIS/HER AGE WHEN REGISTERING FOR OUR GAMES OR SERVICES, WE WILL STOP THE ACCOUNT (AS DEFINED BELOW) PROVIDED WE HAVE INFORMATION WHICH SATISFIES US THAT THE REPORTING PERSON IS INDEED THE PARENT OR GUARDIAN OF THAT CHILD. YOU ALSO REPRESENT THAT YOU ATTAINED AT LEAST THE MINIMUM AGE TO CONSENT TO DATA PROCESSING UNDER THE LAWS OF YOUR JURISDICTION AND ARE NOT BARRED FROM ACCESSING THE SERVICES UNDER APPLICABLE LAW.
1.2 If you access our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.
2. Who we are
- We are FunPlus International AG, a company registered in Switzerland and located at Bahnhofstrasse 2, 6300 Zug, Switzerland, with commercial register number CHE-406.512.803 (“we”, “our”, “us” or “FunPlus”).
- You can contact us at firstname.lastname@example.org.
3. Changes to these Terms
We may change these Terms from time to time, for example in order to ensure that we remain compliant with applicable laws or to reflect any changes we make to the Services or otherwise. The updated Terms will be posted on our website. We may also provide additional notice, such as messaging within our Services, of any material changes to these Terms. It is your responsibility to check these Terms regularly before using any of our Services. Your continued use of our Services from the date of change will be deemed your acceptance of the amended Terms.
- To use certain of our Services you may be required to create an account with us and/or with the third party platform or site operator e.g. Apple or Google (Account). To create an Account, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up to date.
- You may not share your Account with others, nor let anyone else access your Account. You are solely responsible for keeping the login credentials to your Account confidential. You are also responsible for all activity associated with your Accountand may be held responsible for losses incurred by us or any other user arising out of any activity associated with your Account You agree that FunPlus will not be liable for any loss you may incur as a result of any unauthorised use of your Account by someone else either with or without your knowledge. If you become aware of any actual or suspected loss, theft, fraud, or unauthorised use of your Account please notify us immediately at email@example.com.
- References to “Stopping” or to “Stop” an Account include temporarily or permanently disabling, suspending, banning or muting an Account. If your Account is muted, you can continue to play but will not be able to use free text chat during the relevant muting period. If your Account is disabled or banned, you will not be able to access your Account and any licences previously granted to you to use our Games and Services will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME ITEMS OR CURRENCY. We are under no obligation to compensate you for any losses that result from your Account being disabled or banned.
- If, acting reasonably, we consider that: (i) these Terms have or may have been breached or may likely be breached; and/or (ii) you have committed fraudulent, unlawful or abusive activity including any breach or suspected breach of the rules of conduct set out in section 7 of these Terms; and/or (iii) it is necessary in order to prevent or stop any harm or damage, including without limitation harm or damage to us, to any our Games or Services, to other users or the general public, then, at our sole discretion, we may at any time temporarily or permanently: (i) Stop any or all of your Accounts; (ii) restrict access to any content-uploading or other feature of our Games or Services; and/or (iii) remove any content or restrict access to or delete Virtual Currency, Virtual Items or anything acquired by means of Virtual Currency or Virtual Items. These actions may result in the loss of real money paid in prohibited transactions, such as for example but not limited to selling, buying, trading or otherwise transferring or offering to transfer your Account to anyone else (“Account trading”).
- If we take any of the above actions, you may, by no later than six months following the decisions made or actions taken under section 4.3, submit a reconsideration request to FunPlus customer support via our in-game channel or by sending an email to firstname.lastname@example.org. All reconsideration requests will be dealt with by us at our sole discretion acting reasonably.
- If you want to permanently delete your Account, you may easily request your account deletion at any time where appropriate under your profile in the Game or otherwise send an Account deletion request to email@example.com.
- Acting reasonably, we may suspend, restrict or terminate your access to the Games, Virtual Items and/or any other part of the Services and consequently suspend or terminate the licence granted to you under these Terms, if your Account has been inactive for at least 365 days.
- You may stop using our Services or request to delete your Account for any reason and at any time. When you request to delete your Account, we will need to verify your identity as the true owner of the Account. Subsequently, the Account deletion process will begin. Once your request has been received, a cooling-off period will apply. Following the cooling-off period, your Account will be deactivated and any content associated with the Account will no longer be accessible by you but the existence of your Account will continue to be visible to other users.
If you have initiated the deletion or deactivation of your Account by yourself (provided your Account has not been deleted or deactivated by us due to your non-compliance with these Terms), then, until the expiration date of the cooling-off period, you will be able to recover or reactivate your Account by contacting FunPlus customer support via the in-game portal or by email: firstname.lastname@example.org. Following such request, we will need to verify your identity as the true account owner before we can recover your Account and abort your Account deletion process. If you do not recall your Account within the cooling-off period, your Account will, upon the expiration of the cooling-off period, automatically be irreversibly, fully and permanently deleted, including all Virtual Items purchased and other associated content under your account.
- Your Account and any content associated with your Account may not be permanently deleted where deletion would restrict our ability to: (i) investigate or identify illegal activity or violations of our Terms and policies (for example, to identify or investigate misuse of our Services); (ii) protect the safety and security of our Services and users; (iii) comply with a legal obligation, such as the preservation of evidence; or (iv) comply with a request of a judicial or administrative authority, law enforcement or a government agency.
- TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR COMPENSATION IN CONNECTION WITH THE ACCOUNT AND WE SHALL NOT BE HELD LIABLE FOR ANY UNAUTHORISED USE OF YOUR ACCOUNT, STOPPING OF YOUR ACCOUNT, RESTRICTION OF YOUR ACCESS TO OUR SERVICES OR VIRTUAL ITEMS, OR DELETION OR RESTORATION OF YOUR ACCOUNT.
Our Services, Games, Accounts, Virtual Items and all related materials (including without limitation, software, code, information, content, data, text, characters, music, sounds, videos) made available by us or on our behalf and all related copyright and other intellectual property rights in such Services, Games, Virtual Items and materials (together “Content”) are licensed, not sold, to you under these Terms. Subject to your strict compliance with these Terms, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive licence to use our Content for your own personal and non-commercial use. If you breach any of these Terms, we may immediately terminate or suspend this licence. You acknowledge that all intellectual property and other rights in the Content are and will remain our sole property and that you will have no ownership, title or other proprietary interest in and to the Content, regardless of whether you ‘earned’ or ‘purchased’ such Content.
6. Your legal obligations and Promises to us
- You confirm that:
- all information and details provided by you are true, accurate and up to date. The rights granted under these Terms are strictly personal to you and you must not make the Services or your password(s) available to anyone else; and
- you will comply with the rules of conduct relating to your use of the Services and/or Virtual Items as set out in sections 7 to 11 and any other restrictions set out elsewhere in these Terms.
- You will indemnify and hold FunPlus (and our affiliated companies, officers, directors, employees, contractors, partners and licensors) harmless from and against any claims, losses, expenses, damages, liabilities and costs including legal fees, resulting from (i) your use of Services, (ii) your breach of these Terms, (iii) your breach of any other laws and regulations, (iv) your infringement of the rights of a third party, (v) the submission of your UGC in the Services and our use thereof, or (vi) any activity associated with your Account. FunPlus reserves the right, at your expense, to assume the exclusive defence and control of any third-party claims otherwise subject to indemnification by you, in which event you agree to cooperate with FunPlus.
- If we take legal action against you for non-payment or any other breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the courts.
7. Rules of Conduct and Your Use of the Services
- You agree that in using the Services (including the creation of UGC) you will neither by yourself nor promote, encourage, or help others to:
- use or allow the use of the Services for any purpose or activity that is illegal, unlawful or in breach of these Terms or otherwise create or disseminate “illegal content” (as defined in section 10 below);
- reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services, source code in the Services or any portion thereof;
- sell, rent, lease, share or provide access to your Account or access or attempt to access the Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Services;
- partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of the Services;
- use abusive, offensive, or defamatory screen names and/or personas, whether created through Services or through third party devices connected to Services;
- impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;
- promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit or legitimate Virtual Items;
- upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;
- make improper, false or spurious reports to us;
- use our Services to build a service or game that may compete with our Services or assist another person in building a service or game that would compete with our Services;
- probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;
- improperly use in-game support or complaint buttons or make false reports to us;
- use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, ‘data mine’ or in any way reproduce or circumvent the content, navigational structure or presentation of our Services;
- sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or content associated with your Account, including Virtual Items, either within our Services or on a third-party website, or in connection with any out-of-game transaction;
- advertise, solicit, or otherwise transmit any commercial advertisement, including gift codes or promotion, or unsolicited repetitive messages (spamming);
- apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment;
- take advantage of the price differential of Virtual Items to make profit by buying and/or selling Virtual items from/in different territories; and
- exploit the Services, for any commercial purposes, including without limitation (a) using a cyber cafe, computer gaming centre or any other physical site; (b) gathering Virtual Items, or other in-game resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-levelling.
- use the Services for political or religious reasons;
- infringe other third parties’ rights including but not limited to intellectual property rights; Promote, encourage, or help others to take part in any prohibited activity described above.
- To the extent the Services functionality permits, you will not post or communicate any person’s ‘real world’ personal information whilst using the Services or via any chat rooms or forums.
- We reserve the right to access, monitor and/or record any online activity within the Services and you give us your express consent to access and record your activities.
- In order to maintain a good game ecosystem, you understand and agree that if FunPlus find that you have engaged in improper game behaviours after investigation or our reasonable inferences, we will have the right to take appropriate measures according to the severity of the situation (such as banning, suspending the account, permanently blocking the account, deducting the fraudulent account amount or other measures as described in Section 4.4), and may pursue you for legal responsibility.
Improper game behaviours described in this section include but are not limited to:
- (i) misuse of the FunPlus account balance (e.g., by topping up on behalf of another user, or by having another user top up on your behalf);
- (ii) make unauthorized transactions with another user’s FunPlus account balance;
- (iii) use the FunPlus account balance for any fraudulent or other illegal activity;
- (iv) malicious attempts to redirect players to other games;
- (v) apply for refund maliciously or fraudulently or take advantage of rules of third-party platforms for unjust enrichment;
- (vi) other actions discovered by us or discovered and notified to us by other players that might significantly affect the fairness of the game or the player’s experience.
- Any breach of the above rules of conduct shall be determined by us at our discretion, acting reasonably in all circumstances.
8. Interaction With Other Users
You are solely responsible for your interactions with other users of our Service and any other parties with whom you interact through our Service. You agree to release us (and our affiliated companies, officers, directors, employees, contractors, partners and licensors) from any claims, losses, expenses, damages, liabilities, and costs including legal fees arising out of any such dispute between you and other users or any other parties with whom you interact through our Service. You can report other users if you believe they are in breach of these Terms as set out in section 7.
9. User Generated Content (UGC)
- User Generated Content (UGC) means any form of content generated by a user of the Services (including remarks, suggestions, ideas, graphics, text, images, video, information and messages) communicated, posted, uploaded, or sent by users on or in connection with the Services. Our Services may include social elements which permit users to come into contact with and chat with other users. Messages exchanged between users, whether in private in-game messaging or public forums, are included within this definition of UGC.
- We, or third parties engaged by us, may monitor and/or moderate UGC that you upload or submit to our Services by using automatic tools and/or human review but we do not guarantee the accuracy, quality, or integrity of any UGC posted via the Game or any part of the Services. By using our Services, you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Services, nor do we guarantee its truthfulness or accuracy.
- We reserve the right to remove and permanently delete any UGC from our Services with or without notice. We reserve the right to disclose your identity to any third party that validly claims that any of your UGC infringes such third party’s intellectual property or their privacy. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.
10. Illegal Content
- You agree not to upload on or transmit via the Services any UGC that contains content prohibited by applicable law (Illegal Content), including but not limited to any content, products, services and activities involving the following:
- hate speech, promotion of cults, and discrimination against any religion and fascist symbols;
- child inappropriate content, including sexual exploitation and abuse content, paedophilia content, infant/adolescent exposure, avatars involving minors’ misbehaviour and vulgarity, and children’s cults;
- pornographic content including words or pictures representing sexual behaviour, nudity, pictures representing the content of prostitution, and sex properties;
- words or pictures of propaganda of terrorist and extremist organisations including its symbols;
- illegal gaming and pictures of trafficking in drugs,
- insulting and defamatory content, horror images, bloody horror scenes, disgusting content and content containing or encouraging suicide or self-harm;
- content designed to harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation or religion; organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be objectionable and/or inappropriate;
- other content prohibited by law including content and activities such as unlawful non-consensual sharing of private images, pictures that contain icons, logos, and names of other competing gaming platforms, selling of human body parts, pictures that contain information such as QR codes, pictures involving phone numbers, addresses, website links, and other contact information; and
- non-authorized use of copyright-protected material.
- Notification of Illegal Content
- You may notify us of any Illegal Content in our Services via our in-game notification mechanism via the in-game support or by contacting us at email@example.com (“Illegal Content Notification”).
- In your Illegal Content Notification, you must provide us with the following details:
- the reason why you consider such information in question to be Illegal Content;
- a clear indication of the electronic location of such information, and, where necessary, additional information enabling the identification of the Illegal Content, such as screenshot; and
- your identification (including in-game identification such as User ID) or any other contact where we can reach you.
- We will review your report and Illegal Content Notification, and may, at our reasonable discretion, take action against anyone who violates the Terms, such as by revoking or suspending access to certain or all of our Services. We also have the right to, temporarily or permanently, disable, ban, mute and/or terminate or suspend your Account. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false report in bad faith.
11. VIRTUAL ITEMS
We use the term Virtual Items to mean rights that we licence to you to access or use certain features that we may make available on our Services. Examples may include access to digital or unlockable content, additional or enhanced functionality (including multiplayer services), virtual assets, in-game achievements and Virtual Currency.
We use the term “Virtual Currency” to mean any points, coins or currencies that can be acquired for use within our Games. You can use Virtual Currency to acquire other Virtual Items within our Games. Except as required by law, we do not provide any refunds for Virtual Currency.
When you sign up or pay for Virtual Items (including Virtual Currency), we grant you a licence pursuant to section 5. Virtual Items have no monetary value, will not earn interest, and no value outside of our Services. You cannot sell, trade or transfer Virtual Items, or exchange them for cash. Any attempt to sell, trade or transfer Virtual Items, or exchange them for cash is a breach of these Terms and may result in actions taken against you, including the termination of your Account. Any payment you make for access to Virtual Items is non-refundable unless otherwise stated at our sole discretion. We may manage, regulate, control, modify, or eliminate Virtual Items (including a cap on the number of Virtual Items that can be acquired or held) at any time, with or without giving you any notice. Prices and availability of the Virtual Items are subject to change at our sole discretion. We have no liability to you or any third party in the event that we exercise any such rights.
You are responsible for checking that Virtual Items have been correctly credited to your account and to notify us immediately if it has not.
12. PRICE AND PAYMENT
- We aim to ensure that the pricing of our Services (including Virtual Items, Games and any other goods and services available in our store) is correct at all times. However, the Game and website pages may not always accurately reflect the correct details at the moment at which you place your order. We reserve the right to change prices without prior notice at any time before the formation of the contract. We cannot confirm the price of an item until your order is accepted.
- All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.
- It is your responsibility and you must comply with the terms and conditions applicable to your chosen payment method, as set by the payment provider. We may add or remove payment methods in relation to our Services at our sole discretion and without notice to you.
- Certain Services may be available to users via an automatically renewing subscription (a “Subscription Service“). If you choose to sign up for a Subscription Service, you will be presented with subscription-specific terms at that time, describing if and when your subscription will automatically renew, for what period of time, and at what cost, and how to tell us to cancel it. Under the Subscription Service your account will continue to be periodically charged for the Subscription Service until you cancel your subscription. When you sign up for a Subscription Service, you must designate and provide information about your preferred payment method – the information you provide must be complete and accurate, and you are responsible for keeping it up to date – any failure to do so may lead to suspension or cancellation of your access to the Subscription Service. You expressly authorise us and/or our third-party payment providers, to collect via automatic debit from your nominated payment method the appropriate fees charged for any Subscription Services. Within 24 hours before your initial subscription commitment period has expired, and again within 24 hours before the end of any subsequent subscription period, your subscription will automatically renew and continue, at the subscription price and time period you agreed to on initially commencing the subscription, subject always to any updates in pricing and services issued by us from time to time. Unused portions of free trials will be forfeited upon purchase of a Subscription Service. Unless otherwise stated, all fees for Subscription Services will be payable in advance and billed automatically at the start of the monthly or annual subscription, as applicable. All purchases of Subscription Services are final and non-refundable, except at our sole discretion.
- If you do not pay the fees or charges due for your Subscription Services, we may make reasonable efforts to notify you and resolve the issue in accordance with section 25 of these Terms below, however, we reserve the right to disable, suspend or terminate your access to the Subscription Services, and may do so without notice.
- You can manage subscriptions and turn off auto-renewals as described in UNSUBSCRIBE INFO or contact our support team for any further assistance. If you do not want your subscription to renew automatically or if you want to change or terminate your subscription, you must log in to your account and follow the instructions to manage or cancel your subscription (simply deleting your account will not cancel your subscription). You can stop a subscription from recurring at any time, at least 24 hours before the end of the current Subscription Service period. If you cancel your subscription, you may continue to use the cancelled Subscription Service until the end of your then-current subscription term. The subscription will then not be renewed when your then-current term expires. If you are on a free trial, your trial services will be halted and may no longer be accessible upon your cancellation of the Subscription Service.
All orders are subject to acceptance by us and availability of the Services. After placing an order, you will receive an email or message from us or the third-party platform, acknowledging that we have received your order. If your order has been unsuccessful, you will be made aware of the reason why and possible explanations. Please note that this acknowledgement email/message does not mean that your order has been accepted – your order constitutes an offer to us to purchase the Services. All orders are subject to acceptance by us. When we make the Services available e.g. as a download, this represents our legal acceptance of the offer you made to purchase the Services and the contract between us will then be formed (and we or the third party platform or service provider will debit your account).
14. Cancellation and Refunds
We want to provide you with the best possible service. We hope you are delighted with your Games, Virtual Items and Services. However, if you change your mind, the cancellation policy set out below will apply.
- Cancellation Policy
All purchases of the license to Virtual Items, Games or any other digital content or Services (“Purchased License”) are final and non-refundable except where required under applicable law.
15. AVAILABILITY AND FUNCTIONALITY
- We reserve the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by users in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from us or our representatives through the Games or as otherwise expressly authorised. We reserve the right to refuse any request to purchase Virtual Items for any reason.
- We will use reasonable endeavours to maintain the operation of the Games and Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Games and Services and we may have to suspend operation of a Game or particular Service without notice for repair, maintenance, improvement, security or any other reason. If so, we will do our best to ensure that the suspension is as short as possible. We cannot accept responsibility for such suspensions, interruptions or errors caused by circumstances outside our reasonable control.
- We cannot guarantee that our Games or any part of our Services will work on or be compatible with or capable of being accessed on any particular devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for such equipment, software or services. We also do not guarantee that our Services can be accessed in all geographic locations.
We may cancel a payment and make a chargeback to you, including any transaction fees incurred with payment providers, if we have reason to believe any purchase is incomplete or any purchase is made, or we suspect it is made, fraudulently or in an otherwise non-bona fide manner. If in such case you have been given the Purchased License but have not actually paid for them, we will either deduct the Purchased License, or record the unpaid amount as arrears and deduct the arrears amount in advance of your future payments and issue only the remaining Purchased License.
17. PAYMENT METHODS
Payment methods accepted by us are as per those payment methods provided on our store site and by the third-party platform providers such as Apple and Google within our Games at the point of sale.
You agree that the Games and any aspect of the Services may automatically download and install updates, upgrades and additional features that we deem reasonable, beneficial to you and/or reasonably necessary. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate licence or other agreement.
These Terms shall apply to your use of the Games, your Account, Virtual Items and Services at all times and shall continue until you delete, cancel or remove such Games, Account, Virtual Items and Services or we terminate this licence.
20. INTELLECTUAL PROPERTY
- You acknowledge that all intellectual property rights in the Services, Games and Virtual Items and all content appearing within the Services, Games and Virtual Items throughout the world belongs to us, our licensees or affiliates and that such rights are licensed to you and you do not acquire any ownership rights in the Services, Games and Virtual Items or any other part of them other than the right to use the Services, Games and Virtual Items under the terms of this licence.
- Any use by you of any of our intellectual property other than as permitted under these Terms may only be undertaken with our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication or otherwise, to use any intellectual property in the Services, Games and Virtual Items other than as expressly permitted in these Terms.
- We reserve the right to stop offering any of our Games and/or Services at any time either permanently or temporarily, at which point any licence granted to you to use the Games and/or Services or a part thereof will be automatically terminated or suspended and your Account Stopped. Prior to stopping the availability of any of our Games and/or Services, we will use our reasonable efforts to notify at least 60 days before such Games and Services become unavailable. Notification may be via our websites, push notification, alert, email or other messages. In such an event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our Games and/or Services unless required by law.
21. SUSPENSION AND TERMINATION
- Acting reasonably, we may suspend, restrict or terminate your access to the Games, Virtual Items and/or any other part of the Services and consequently suspend or terminate the licence granted to you under these Terms, if:
- you breach of any of the restrictions or provisions in these Terms;
- for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; and/or
- we decide to withdraw the Game(s), Virtual Items and/or any other part of the Services from the market for any reason in our sole discretion, acting reasonably;
- We will always do our best to give you an initial warning rather than moving straight to terminating or deleting your access to our Games, Virtual Items and/or any other Services. But if you have seriously breached our Terms or have been issued with previous warnings, we may then move to terminating our contract with you under these Terms and your licence to access our Games, Virtual Items and/or any other part of the Services. Under such circumstances we will notify you in writing by email or within the app, website or other part of the Services as appropriate. Upon termination the rights and the licence granted herein will terminate and you must cease all use of the applicable Games, Virtual Items and/or any other part of the Services. If we decide to withdraw Game(s), Virtual Items and/or any other part of the Services from the market, we’ll do our best to notify our users (via our website, or via email, push notification or text) at least 60 days prior to withdrawing access.
22. THIRD-PARTY CONTENT
Our Services may include hyperlinks to third-party websites and services. We do not control these websites and services and are not responsible for their content or for their collection, use or disclosure of your personal information. If you access our Services through a third party platform or site, you may be required to comply with their policies in addition to these Terms.
23. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
- OUR GAMES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE PROVIDE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE OUR GAMES OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT OUR GAMES OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF OUR GAMES AND SERVICES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF OUR GAMES AND SERVICES. WE ALSO MAKE NO GUARANTEE THAT OUR GAMES AND SERVICES WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES. WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE OR SERVICES. YOU ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSSES AND DAMAGES, INCLUDING LOSS OF DIRECT AND INDIRECT PROFITS, GOODWILL OR DATA IN ANY WAY ARISING.
- TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A GAME OR SERVICES OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE} THE MONETARY AMOUNT EQUIVALENT TO THE FEES, RELATING TO THE GAME OR SERVICES, ACTUALLY PAID BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS, OR ANY OTHER LIABILITY THAT CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.
24. HOW TO CONTACT US FOR SUPPORT OR TO REPORT COMPLAINTS, FAULTS OR ABUSE
If you require customer support or would like to report a complaint, a fault or abusive behaviour in violation of the rules set out in Section 7 and Section 10 or if you have any other questions or comments in relation to our Games, Virtual Items or Services then you may contact us at firstname.lastname@example.org.
- This Section offers a streamlined way to resolve disputes between you and us if they arise. Most of your concerns can be resolved by contacting customer service at email@example.com. If we cannot resolve your concern, you and we agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
- You will be responsible for all your legal costs incurred in relation to any dispute between us and any arbitration costs, including fees payable to the arbitrator.
- Claims Covered by Arbitration: all disputes, claims or controversies, arising out of or relating to these Terms, any of our Services and their marketing, or the relationship between you, or anyone using your FunPlus account or otherwise acting on your behalf, and us, or any of our current or former affiliates, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, including the validity, enforceability or scope of this “Disputes” section (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into these Terms.
- Informal Negotiations: you and we shall first attempt to resolve any Dispute informally for at least 60 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your billing or email address. You will send your Notice of Dispute by contacting our customer service team at firstname.lastname@example.org. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible management team.
- You agree that the laws of Hong Kong, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and us. If we are unable to resolve a Dispute through informal negotiations, either you or us may have the Dispute finally and exclusively resolved by arbitration. The arbitration shall be conducted in Hong Kong by the International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force when the Arbitration Notice is submitted in accordance with the HKIAC Rules. And the language of the Arbitration shall be English.
- Limitations: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person’s claims with your claims, and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
These Terms and any document incorporated by reference constitute the entire agreement between you and us and supersede any previous terms between us in relation to such matters. The limitations, exclusions and restrictions in these Terms shall pass to the benefit of our licensors, successors and assigns. These Terms are drafted in the English language and may be translated into other languages. The English language version of these Terms shall prevail if there is a conflict or inconsistency or clarification required with other language versions. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. As these Terms are personal to you, you may not transfer any of your rights or duties under it without our prior written consent. A person who is not a party to these Terms shall have no rights to enforce any of its terms.
We may provide you with emails, text messages, push notifications, alerts and other messages related to our Games and Services, such as enhancements, offers, products, events, and other promotions. After downloading our Games, you may, depending upon the device, be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from our Game, you may opt out by changing your notification settings on your device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at email@example.com.
28. FORCE MAJEURE
Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses and acts of God. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and for such time after that event ceases as is necessary for us to start satisfying our obligations again. For so long as such force majeure event is continuing, our corresponding obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period in excess of four months we may terminate access to the applicable Games, Virtual Items or Services immediately on service of notice to you.
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