Terms and Conditions

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

1. License and restrictions.

Subject to these Terms, Funmaker Global Games grants you a non-exclusive, limited, revocable, non-transferable license to use the Services for your personal, non-commercial use. You may not: (a) modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, create derivative works of, or use data gathering or extraction tools in connection with the Services; (b) reproduce, duplicate, copy, sell, resell, or otherwise exploit the Services, in whole or in part, for any purpose without Funmaker Global Games' express written consent; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without the express written consent of the respective owner; (d) use any data mining tools or automation tools such as spiders, crawlers, scripts, bots, or any automated method of recording information; (e) use any meta-tags or any other "hidden text" utilizing "Funmaker Global Games" its affiliates, partners or artists without Funmaker Global Games's express written permission; or (f) engage in any conduct in connection with the Services that may be considered illegal or tortious including, without limitation, "hacking" the Services, or infringing the intellectual property or other proprietary rights of Funmaker Global Games or third-parties.

Additionally, where the Services are a downloadable game and/or application ("App"), Funmaker Global Games grants you a non-exclusive, non-transferable, revocable, limited license to use the App for your personal, non-commercial use on authorized devices, unless otherwise specified. The App may not be copied, resold, or sublicensed. These Terms apply to all versions and updates to the App, including, without limitation, free and paid versions.

The App may include measures to control access to the App (including age controls), prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under these Terms. You may not take any action to circumvent or defeat such security features. If you disable or otherwise tamper with the technical protection measures, your license to use the App or other Services shall be considered automatically revoked.

2. Third-party products, services and links.

Funmaker Global Games may offer third-party products through the Services. You assume all risks and liabilities associated with the use of any such third-party products. Additionally, your rights and obligations regarding such products or services will be governed by the separate terms of use and privacy policies of the applicable third-party provider.

The Services may include hyperlinks to other websites over which Funmaker Global Games has no control. Funmaker Global Games is not responsible for the availability of such external sites or resources and will not be responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites or resources.

3. Access to the services.

By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms with your parent or guardian and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. If you are under the age of 13, you must have permission from your parent or guardian in order to use the Services. If you do not have permission from your parent or guardian, certain features and functionality of the Services may be disabled. Information regarding the use of your personal information can be found in Funmaker Global Games Privacy Policy or in the privacy policy specific to the Service you are using.

You may be required to register an account before using certain Services ("Account"). You may also be required or have the option to access the Services through a social networking service ("SNS"). Your Account is personal to you, and you may not rent, lease, sell, trade, gift, bequeath, or otherwise transfer it to anyone else. You agree to provide true and complete information about yourself when you register your Account and to keep it up to date. You may not have more than one Account or access the Services through more than one SNS at any given time. You are solely responsible for maintaining the confidentiality of your password and user name and for any activities that occur under your Account. Funmaker Global Games does not authorize use of automated methods to sign up for an Account, and Funmaker Global Games reserves the right to immediately terminate your access to the Services or your Account if you breach these Terms or otherwise violate any applicable law, rule, or regulation in your jurisdiction.

You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services.

4. In-app purchases.

A. In-game Virtual Currency and Virtual Items

The Service may include an opportunity for you to earn, buy or otherwise obtain in-game currency ("Virtual Currency") to access virtual, in-game digital goods or items ("Virtual Items"). Methods of obtaining Virtual Currency are at Funmaker Global Games's sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.

Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.

Funmaker Global Games has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Funmaker Global Games has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Funmaker Global Games reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.

Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Funmaker Global Games may offer the conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however, Funmaker Global Games is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Funmaker Global Games discontinues availability of the Service; or (d) you disassociate from the Service.

B. Subscriptions

In some of our games, you may pay a fee for a subscription membership ("Subscription").

When you buy a Subscription, you agree to the following:

A Subscription fee will be charged to your chosen payment method in the app store of your device's platform ("App Store"). You will be charged the Subscription fee displayed at the time of sale, and

Your Subscription will automatically renew for the applicable length of your Subscription until either you or Funmaker Global Games cancels your Subscription. By way of example, if you buy a 3-month Subscription, the Subscription will automatically renew for another 3-month period (unless either you or Funmaker Global Games cancels your Subscription).

Canceling Subscriptions:

To stop the automatic renewal of your Subscription and automatic withdrawal of Subscription fees, you must cancel your Subscription within 24 hours before it renews for the length of the next Subscription period. You may cancel your Subscription at any time by managing the subscription settings at your App Store.

For the Google Play store, instructions for canceling your Subscription may be found here: https://support.google.com/googleplay/answer/7018481

For the Apple App store, instructions for canceling your Subscription may be found here: https://support.apple.com/en-us/HT202039

Other Subscription Terms:

To receive any daily rewards as part of your Subscription, you must open the game that you have the Subscription for. You will not receive rewards for the days on which you did not open the game.

C. Payments for Subscriptions, Virtual Currencies, and Virtual Items

When you pay for a Subscription, Virtual Currencies, and/or Virtual Items, all payments are charged and processed by the App Store (e.g. the Google Play store or the Apple App store), so please review your app store's payment terms for additional payment terms that may apply.

You agree that all payments for Virtual Currency, Virtual Items, and Subscriptions are final. No refunds will be given, except in Funmaker Global Games's sole and absolute discretion.

5. Title.

Unless otherwise specified in these Terms, any and all title, ownership, rights, and intellectual property rights in and to the Services including all content therein (collectively the "Funmaker Global Games Content") shall remain in Funmaker Global Games and/or its suppliers, and are protected by the copyright laws of the United Kingdom, the United States and other jurisdictions around the world via international copyright treaties. The names and logos, and other graphics, icons, and service names associated with the Funmaker Global Games Content are trademarks, registered trademarks or trade dress of Funmaker Global Games or its licensors. You may not use, copy, transmit, modify, distribute, or create any derivative works from the Services or the Funmaker Global Games Content without prior written consent from Funmaker Global Games.

The Services may allow you to create content ("Your Content") that incorporates the Funmaker Global Games Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your gameplay. Funmaker Global Games retains all rights, titles and interest in and to the Funmaker Global Games Content. You retain all rights to Your Content; provided, however, that Funmaker Global Games shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Funmaker Global Games's use of Your Content.

6. Disclaimer of warranty and limit of liability.

Funmaker Global Games MAKES NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICES FOR YOUR PURPOSES, OR THAT THE USE OF THE SAME WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.

THE SERVICES ARE PROVIDED "AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, Funmaker Global Games MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS, OR PRODUCTS AND SERVICE CONTAINED THEREIN. YOUR USE OF THE Funmaker Global Games SERVICES IS AT YOUR SOLE RISK.

Funmaker Global Games WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN REGIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

YOU FURTHER ACKNOWLEDGE THAT Funmaker Global Games IS NOT LIABLE, AND YOU AGREE NOT TO HOLD Funmaker Global Games LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OTHER THIRD-PARTY SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

7. Indemnification.

You agree to hold harmless, indemnify and defend Funmaker Global Games, its licensors, affiliates and suppliers and their respective officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) due to, arising out of, or relating to any information or item, including, without limitation, Your Content, Forum Content, and/or Inappropriate Content you may submit, post, transmit or make available through the Forums or Services, your use of the Forums and Services, your connection to the Forums and Services, your violation of these Terms, or your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, Funmaker Global Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

8. Termination.

These Terms will automatically terminate if you fail to comply with any term hereof. You and Funmaker Global Games have the right to terminate or cancel your Account, at any time for any reason and without notice. Upon termination, you shall immediately discontinue the use of the Services. Your obligations under Sections 5, 10, 12, and 13 shall survive any termination.

10. No assignment.

These Terms and the licenses granted to you herein are personal to you, and may not be assigned prior to obtaining Funmaker Global Games's express written consent.

11. Arbitration and dispute resolution.

These Terms and all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, Forum Content, Inappropriate Content, Your Content, or your use of the Software or Forums shall be governed by the laws of England and Wales. You and Funmaker Global Games agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms, the Services, the Forums, or your use of the Services or Forums shall be final and binding arbitration. The arbitration shall be conducted under the rules of the ICC International Court of Arbitration ("ICA"). To the fullest extent permitted by law: (a) no arbitration under these Terms shall be joined to any other arbitration; (b) no class arbitration proceedings shall be permitted; (c) no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Funmaker Global Games); and (d) no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Funmaker Global Games). You and Funmaker Global Games must commence the arbitration by filing a demand for arbitration with the ICA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period (if applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law). Both parties will be responsible for their respective arbitration fees.

12. Feedback.

Funmaker Global Games does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide Funmaker Global Games with feedback or other ideas, you agree that Funmaker Global Games is free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.

13. General.

These Terms, along with the Privacy Policy, and any other privacy policy applicable to the specific Services you are using, constitute the complete and final agreement between Funmaker Global Games and you with respect to your use of the Services and may not be modified by you except in a writing duly signed by you and an authorized representative of Funmaker Global Games. You agree that your breach of these Terms will cause Funmaker Global Games immediate and irreparable harm and Funmaker Global Games will be entitled, notwithstanding the arbitration clause set forth in Section 11 above, to seek injunctive relief without the necessity of posting a bond. Funmaker Global Games and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision shall be reformed in that matter only to the extent necessary to make it enforceable, and shall not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

Funmaker Global Games may make changes to the Services, these Terms, or its Privacy Policy from time to time. Funmaker Global Games will use reasonable efforts to provide you with notice of any material changes. All such changes will become effective immediately upon notice and/or posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change will be deemed severable and will not affect the validity and enforceability of any unchanged portions of the Services, these Terms, or the Privacy Policy. Funmaker Global Games may transfer or assign the Services, these Terms, or the Privacy Policy, in whole or in part, to any third party of Funmaker Global Games's choosing. These Terms will inure to the benefit of and be binding upon Funmaker Global Games's respective successors and assigns.