TERMS OF SERVICE
Effective
Date: 25th February, 2024
The terms of this agreement
("Terms of Service") govern the relationship between you and Shanghai Funny Network Technology Ltd, a Chinese
company having its registered office at 1621-S1, Building1, Lane 3680 Zhang Yang Road, Shanghai, China,
(hereinafter "Funny Games" or "Us" or "We")
regarding your use of our games, websites and related services (the "Service").
Use of the Service is also governed by our Privacy Policy and other relevant
policies, which are incorporated herein by reference.
Before accessing or using the
Service, including browsing any Funny Games website or accessing a game, you
must agree to these Terms of Service and the Privacy Policy. You may also be
required to register an account on the Service (an "Account").
By registering for an Account or otherwise using the Service, you represent
that you are age 13 or older. If you are between the ages of 13 and 17, you
represent that your legal guardian has reviewed and agreed to these Terms. If
you access the Service from a Social Networking Site ("SNS"),
such as Facebook or Google+, you shall comply with its terms of service/use as
well as 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.
Funny Games reserves the
right, at its discretion, to change, modify, add or remove portions of these
Terms of Service, its Privacy Policy and other relevant Funny Games policies at
any time by posting the amended terms on the Funny Games Service. You will be
deemed to have accepted such changes by continuing to use the Service. If at
any point you do not agree to any portion of the then-current version of our
Terms of Service, the Funny Games Privacy Policy, or any other Funny Games
policy, rules or codes of conduct relating to your use of the Service, your
license to use the Service shall immediately terminate, and you must
immediately stop using the Service.
1.
License
1.1
Grant of a Limited License to Use the Service
Subject to your agreement and
continuing compliance with these Terms of Service and any other relevant Funny
Games policies, Funny Games grants you a non-exclusive, non-transferable,
non-sublicensable, revocable and limited license to access and use the Service
for your own non-commercial entertainment purposes. You agree not to use the
Service for any other purpose.
The following restrictions
apply to the use of the Service:
Login
information and Your Account
You may be required to select
a password for your Account or you may also use other credentials to access the
Account ("Login Information"). You shall not share the Account or the
Login Information, nor let anyone else access your Account or do anything else
that might jeopardize the security of your Account. In the event you become
aware of or reasonably suspect any breach of security, including without
limitation any loss, theft, or unauthorized disclosure of the Login
Information, you must immediately notify Funny Games and modify your Login
Information. You are solely responsible for maintaining the confidentiality of
the Login Information, and you will be responsible for all uses of the Login
Information, including purchases, whether or not authorized by you. You are
responsible for anything that happens through your Account.
Funny Games 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.
The Service supports only one
Account per game on a supported device.
License
Limitations
Any use of the Service in
violation of these License Limitations is strictly prohibited, can result in
the immediate revocation of your limited license and may subject you to
liability for violations of law.
You agree that you will not,
under any circumstances:
Funny Games reserves the
right to determine what conduct it considers to be in violation of the rules of
use or otherwise outside the intent or spirit of these Terms of Service or the
Service itself. Funny Games reserves the right to take action as a result,
which may include terminating your Account and prohibiting you from using the
Service in whole or in part.
1.2
Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER
REMEDIES, FUNNY GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS
OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR FUNNY GAMES SUSPECTS
THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY
ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT
NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A
RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS,
PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE
SERVICE, AND FUNNY GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH
LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER
REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR
PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT,
SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND
LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY
ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL
PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR
SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE
CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF
USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
FUNNY GAMES RESERVES THE
RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Funny Games reserves the
right to stop offering and/or supporting the Service or a particular game or
part of the Service at any time, at which point your license to use the Service
or a part thereof will be automatically terminated. In such event, Funny Games
shall not be required to provide refunds, benefits or other compensation to
users in connection with such discontinued Service . Termination of your
Account can include disabling your access to the Service or any part thereof
including any content you submitted or others submitted.
2.
Ownership
2.1
Games and Service
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, recordings of games
played using a our game client, and the our game clients and server software)
are owned by Funny Games. Funny Games reserves all rights, including without
limitation, all intellectual property rights or other proprietary rights, in
connection with its games and the Service.
2.2
Accounts
NOTWITHSTANDING ANYTHING TO
THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP
OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND
AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY
AND INURE TO THE BENEFIT OF FUNNY GAMES.
2.3
Virtual Items
Funny Games owns, has
licensed, or otherwise has rights to use all of the content that appears in the
Service or in our games. Notwithstanding any provision to the contrary herein,
you agree that you have no right or title in or to any content that appears in
the Service, including without limitation the virtual goods or currency
appearing or originating in any our game, whether earned in a game or purchased
from Funny Games, or any other attributes associated with an Account or stored
on the Service.
3. User Content
3.1
Submission of User Content
"User Content"
means any communications, images, sounds, and all the material, data, and
information that you upload or transmit through a our game client or the
Service, or that other users upload or transmit, including without limitation
any chat text. By transmitting or submitting any User Content while using the
Service, you affirm, represent and warrant that such transmission or submission
is(a) accurate and not confidential or misleading; (b) not in violation of any
laws, contractual restrictions or other third party rights, and that you have
permission from any third party whose personal information or intellectual
property is comprised in the User Content; (c) free of viruses, adware,
spyware, worms or other malicious code; and (d) you acknowledge and agree that
any of your personal information within such content will at all times be
processed by Funny Games in accordance with its Privacy Policy.
3.1.1 Content Screening
Funny Games assumes no
responsibility for the conduct of any user submitting any User Content, and
assumes no responsibility for monitoring the Service for inappropriate content
or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your
use of the Service is at your own risk. By using the Service, you may be
exposed to User Content that is offensive, indecent or otherwise not in line
with your expectations. You bear all risks associated with the use of any User
Content available in connection with the Service. At our discretion, our
representatives or
technology may monitor and/or
record your interaction with the Service or communications (including without
limitation chat text) when you are using the Service.
By entering into these Terms
of Service, you hereby provide your irrevocable consent to such monitoring and
recording. You acknowledge and agree that you have no expectation of privacy
concerning the transmission of any User Content, including without limitation
chat text or voice communications.
Funny Games reserves the
right in its sole discretion to review, monitor, prohibit, edit, delete,
disable access to or otherwise make unavailable any User Content (including
without limitation your User Content) without notice for any reason or for no
reason at any time. If at any time Funny Games chooses, in its sole discretion,
to monitor the Service, Funny Games nonetheless assumes no responsibility for
User Content and assumes no obligation to modify or remove any inappropriate
User Content. We have the right, but not the obligation, in our sole discretion
to edit, refuse to post, or remove any User Content.
3.2
Information Use by Other Members of the Service
3.2.1 Public Discourse
The Service may include
various forums, blogs and chat features where you can post User Content,
including your observations and comments on designated topics. Funny Games
cannot guarantee that other members will not use the ideas and information that
you share. Therefore, if you have an idea or information that you would like to
keep confidential and/or don't want others to use, do not post it on the
Service. Funny Games shall have no responsibility to evaluate, use or
compensate you for any ideas or information you may choose to submit.
3.2.2 Responsible For Your
Own Content
You are solely responsible
for the information that you post on, through or in connection with the Service
and that you provide to others. Funny Games may reject, refuse to post or
delete any User Content for any or no reason, including, but not limited to,
User Content that in the sole judgment of Funny Games violates these Terms of
Service.
3.2.3 Your License to Funny
Games
You hereby grant to Funny
Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free,
worldwide license (including the right to sublicense and assign to third party)
and right to copy, reproduce, fix, adapt, modify, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license, sublicense,
transfer, lease, transmit, publicly display, publicly perform, or provide
access to electronically, broadcast, communicate to the public by
telecommunication, display, perform, enter into computer memory, and use and
practice, in any way, your User Content as well as all modified and derivative
works thereof in connection with our provision of the Service, including
marketing and promotions of the Service. You also hereby grant to Funny Games
the right to authorize others to exercise any of the rights granted to Funny
Games under these Terms of Service. You further hereby grant to Funny Games the
unconditional, irrevocable right to use and exploit your name, likeness and any
other information or material included in any User Content and in connection
with any User Content, without any obligation to you. Except as prohibited by
law, you waive any rights of attribution and/or any moral rights you may have
in your User Content, regardless of whether your User Content is altered or
changed in any manner. Funny Games does not claim any ownership rights in your
User Content and nothing in these Terms of Service is intended to restrict any
rights that you may have to use and exploit your User Content. Funny Games has
no obligation to monitor or enforce your intellectual property rights in or to
your User Content.
3.3 User
Interactions
You are solely responsible
for your interactions with other users of the Service and any other parties
with whom you interact through the Service and/or our games. Funny Games
reserves the right, but has no obligation, to become involved in any way with
these disputes. You will fully cooperate with Funny Games to investigate any
suspected unlawful, fraudulent or improper activity, including, without
limitation, granting Funny Games access to any password-protected portions of
your Account.
If you have a dispute with
one or more users, you release us (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes.
4. Fees
and Purchase Terms
4.1 Purchases
In the Service you may
purchase, with "real world" money, a limited, personal,
non-transferable, non-sublicensable, revocable license to use (a) "virtual
currency", including but not limited to virtual cash or diamonds, all for
use in our games; (b) "virtual in-game items" (together with
"virtual currency", "Virtual Items"); and (c) other goods
or services ("Merchandise"). You are only allowed to purchase Virtual
Items from us or our authorised partners through the Service, and not in any
other way.
Funny Games may manage,
regulate, control, modify or eliminate Virtual Items and/or Merchandise at any
time, with or without notice. Funny Games shall have no liability to you or any
third party in the event that Funny Games exercises any such rights.
The transfer of Virtual Items
and Merchandise is prohibited except where expressly authorized in the Service.
Other than as expressly authorized in the Service, you shall not sell,
purchase, redeem or otherwise transfer Virtual Items or Merchandise to any
person or entity or attempt any of the aforesaid, including but not limited to Funny
Games, another user or any third party.
ALL PURCHASES AND REDEMPTIONS
OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual
Items for use in our games is a service provided by Funny Games that commences
immediately upon acceptance by Funny Games of your purchase.
4.2
Payment of Fees
You agree to pay all fees and
applicable taxes incurred by you or anyone using an Account registered to you. Funny
Games may revise the pricing for the goods and services offered through the
Service at any time. YOU ACKNOWLEDGE THAT FUNNY GAMES IS NOT REQUIRED TO
PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER
COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH
CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5.
Updates to the Service
You understand that the
Service is an evolving one. Funny Games may require that you accept updates to
the Service and to our games you have installed on your device or computer. You
acknowledge and agree that Funny Games may update the Service and our games,
with or without notifying you. You may need to update third party software from
time to time in order to receive the Service and play our games.
6.
Disclaimer of Warranties
WITHOUT LIMITING OUR
LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND
THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FUNNY GAMES DOES NOT
WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR
LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the
exclusion of certain warranties. Accordingly, some of the above disclaimers may
not apply to you.
7.
Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, FUNNY GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE
QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR
THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT FUNNY GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, FUNNY GAMES SHALL NOT BE LIABLE
TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FUNNY GAMES IN ACCORDANCE WITH
THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON
WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT
PAID ANYTHING TO FUNNY GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND OUR
EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH FUNNY GAMES IS TO STOP USING THE SERVICE
AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF
SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR
RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF
FUNNY GAMES OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR
FRAUD OF FUNNY GAMES.
You agree to indemnify,
defend and hold Funny Games (and our officers, directors, agents, subsidiaries,
joint ventures and employees) harmless from any claim, demand, damages or other
losses, including reasonable attorneys' fees, asserted by any third-party
resulting from or arising out of your use of the Service, or any breach by you
of these Terms of Service, however the foregoing does not apply if the
infringement of rights is not attributable to your intentional or negligent
behavior.
8.
Dispute Resolution and Law
If a dispute arises between
you and Funny Games, we strongly encourage you to first contact us directly to
seek a resolution. If you are a resident of the United States, these Terms of
Service and any dispute arising out of or related to it or Privacy Policy or
the Service shall be governed in all respects by California law, without regard
to conflict of law provisions. You agree that any claim or dispute you may have
against Funny Games must be resolved exclusively by a court located in San
Francisco, California. If you are a resident outside of the United States, you
agree that all disputes between you and Funny Games shall be governed by the
laws of Singapore, without regard to conflict of law provisions. You agree that
any claim or dispute you may have against Funny Games must be resolved
exclusively by a court located in Singapore.
9.
Severability
You and Funny Games agree
that if any portion of these Terms of Service or of the Funny Games Privacy
Policy is found illegal or unenforceable, in whole or in part by any court of
competent jurisdiction, such provision shall, as to such jurisdiction, be
ineffective solely to the extent of such determination of invalidity or
unenforceability without affecting the validity or enforceability thereof in
any other manner or jurisdiction and without affecting the remaining provisions
of the terms, which shall continue to be in full force and effect.
10.
General Provisions
10.1
Assignment
Funny Games may assign or
delegate these Terms of Service and/or the Funny Games Privacy Policy, in whole
or in part, to any person or entity at any time with or without your consent.
You may not assign or delegate any rights or obligations under the Terms of
Service or Privacy Policy without our prior written consent, and any
unauthorized assignment and delegation by you is ineffective.
10.2
Supplemental Policies
Funny Games may publish
additional policies related to specific services such as forums, contests or
loyalty programs. Your right to use such services is subject to those specific
policies and these Terms of Service.
10.3
Entire Agreement
These Terms of Service, any
supplemental policies and any documents expressly incorporated by reference
herein (including the Funny Games Privacy Policy), contain the entire
understanding of you and Funny Games, and supersede all prior understandings of
the parties hereto relating to the subject matter hereof, whether electronic,
oral or written, or whether established by custom, practice, policy or
precedent, between you and us with respect to the Service.
10.4 No
Waiver
The failure of Funny Games to
require or enforce strict performance by you of any provision of these Terms of
Service or the Funny Games Privacy Policy or failure to exercise any right
under them shall not be construed as a waiver or relinquishment of our right to
assert or rely upon any such provision or right in that or any other instance.
The express waiver by Funny
Games of any provision, condition, or requirement of these Terms of Service or
the Funny Games Privacy Policy shall not constitute a waiver of any future
obligation to comply with such provision, condition or requirement.
Except as expressly and
specifically set forth in this these Terms of Service, no representations,
statements, consents, waivers, or other acts or omissions by Funny Games shall
be deemed a modification of these Terms of Service nor legally binding, unless
documented in physical writing, hand signed by yourself and a duly appointed
officer of Funny Games.
10.5
Notices
We may notify you via e-mail
or any other communications means to contact information you provide to us. All
notices given by you or required from you under these Terms of Service or the Funny
Games Privacy Policy shall be in writing and addressed to: Shanghai Funny Network Technology Ltd. Attn: 1621-S1, Building1, Lane 3680 Zhang Yang Road, Shanghai, China. Any
notices that you provide without compliance with this Section on Notices shall
have no legal effect.
10.6
Equitable Remedies
You acknowledge that the
rights granted and obligations made under these Terms of Service to Funny Games
are of a unique and irreplaceable nature, the loss of which shall irreparably
harm Funny Games and which cannot be replaced by monetary damages alone so that
Funny Games shall be entitled to injunctive or other equitable relief (without
the obligations of posting any bond or surety or proof of damages) in the event
of any breach or anticipatory breach by you.
You irrevocably waive all
rights to seek injunctive or other equitable relief, or to enjoin or restrain
the operation of the Service or any our game, exploitation of any advertising
or other materials issued in connection therewith, or exploitation of the
Service or any content or other material used or displayed through the Service
and agree to limit your claims to claims for monetary damages, limited by
Section 7 (if any).
10.7
Force Majeure
Funny Games shall not be
liable for any delay or failure to perform resulting from causes outside the
reasonable control of Funny Games, including without limitation any failure to
perform hereunder due to unforeseen circumstances or cause beyond our control
such as acts of God, war, terrorism, riots, embargoes, acts of civil or
military authorities, fire, floods, accidents, strikes, or shortages of
transportation facilities, fuel, energy, labor or materials.