In this policy, “StoryDown” may refer to, “We” or “Us”.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the
remedies available to you in the event of a dispute.
This Terms of Service (“Agreement”) sets forth the legally binding terms for your use of any App (including any related services provided by StoryDown. By using any App, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter
into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not use any App. This Agreement is the final, complete
and exclusive agreement of you and StoryDown with respect to the subject matters hereof (including the Apps) and supersedes and merges all
prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements, Terms
of Service or Privacy Policy).
1.End User License Agreement
1.1 License
Subject to the terms of this Agreement, StoryDown
grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b)
copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each App
on a mobile device that you own or control for your use (the “License”).
1.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble,
decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by
applicable law; (c) you shall not access any App in order to build a similar or competitive service or application; (d) except as expressly stated herein,
no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means,
or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or
other addition to functionality of any App (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms
of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content
must be retained on any copies.
1.3 Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
1.4 Modification
StoryDown reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that
StoryDown will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.
1.5 Ownership
Apps provided to you are licensed to you and not sold. StoryDown (and its licensors, where applicable) own all right, title and interest, including all
related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey
to you any rights of ownership in or related to any App. The StoryDown name, logo, and the product names associated with the Apps belong to StoryDown (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. StoryDown (and its licensors, where applicable) reserve all rights not granted in this Agreement.
1.6 Ads
When you start or stop an App, it may display an ad. During gameplay, banner and/or interstitial ads may be displayed.
2.User Content
2.1 User Content
“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any App. You are solely responsible
for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or
usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and
warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in
any way provided, sponsored or endorsed by StoryDown. StoryDown is not obligated to backup any User Content and User Content may be
deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
2.2 License
By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have
the right to grant, to StoryDown an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to
reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User
Content, solely to display your User Content on any App.
2.3 Feedback
If you provide StoryDown any feedback or suggestions (“Feedback”), you hereby assign to StoryDown all rights in the Feedback and agree that
StoryDown shall have the right to use such Feedback and related information in any manner it deems appropriate. StoryDown will treat any
Feedback you provide to StoryDown as non-confidential and non-proprietary. You agree that you will not submit to StoryDown any information or
ideas that you consider to be confidential or proprietary.
2.4 Acceptable Use Policy
The following sets forth StoryDownʼs¬ “Acceptable Use Policy”:
You agree not to use any App to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b)
that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene,
or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry,
hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e)
that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other
form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual
obligations.
You agree not to use any App to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or
alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g.,
using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected
to Apps (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or App or servers or networks connected to Apps
(e.g., through password mining); or (e) interfere with another userʼs use and enjoyment of any App.
2.5 Enforcement
We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any
time for any reason in our sole discretion with or without notice to you.
3. Term and Termination
3.1 This Agreement commences on the date you accept this Agreement (as described in the preamble) and will
remain in full force and effect while you use the App, unless earlier terminated in accordance with this Agreement.
3.2 Notwithstanding the forgoing, if you used any App prior to the date you accepted this Agreement (as described in
the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use any App
(which ever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect
while you use any App, unless earlier terminated in accordance with this Agreement.
3.3 We may (a) suspend your rights to use any App, and/or any related services or (b) terminate this Agreement, at
any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you
have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, StoryDown reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright
rights upon prompt notification to StoryDown by the copyright owner or the copyright ownerʼs legal agent.
3.4 Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You
understand that any termination may involve deletion of your User Content associated therewith from our live
databases. StoryDown will not have any liability whatsoever to you for any termination of this Agreement, including
deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will
remain in effect: Sections 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8, 9, and 10.
4. Indemnity
You agree to defend, indemnify and hold harmless StoryDown (and its suppliers) from and against any claims, suits, losses, damages, liabilities,
costs, and expenses (including reasonable attorneysʼ fees) brought by third parties resulting from or relating to: (i) your use of any App, (ii) your User
Content, or (iii) your violation of this Agreement.StoryDown reserves the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify StoryDown and you agree to cooperate with our defense of these claims. You agree not to settle any
matter without the prior written consent of StoryDown. StoryDown will use reasonable efforts to notify you of any such claim, action or proceeding
upon becoming aware of it.
5. Third Parties
5.1 Application Stores. You acknowledge and agree that the availability of the App is dependent on the third party
from which you received App, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that
this Agreement is between you andStoryDown and not with the Application Store. The Application Store is not
responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing
any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree
to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your
license to use App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the
Application Storeʼs terms and policies) when using App. You acknowledge that the Application Store (and its
subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
5.2 Third Party Services
StoryDown may permit certain third party applications (like leaderboards, game networks) to provide content through the App (“Third Party
Services”). The App may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on
their device. When you do so, StoryDown will share information with the Third Party Service as described in the StoryDown Privacy Policy. FUN
GAMES is not responsible for and does not control Third Party Services. StoryDown provides these Third Party Services only as a convenience to
you. StoryDown has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to
Third Party Services. You use all Third Party Services at your own risk. When you access a Third Party Service, the applicable third partyʼs terms and
policies apply, including the third partyʼs privacy policies. You should make whatever investigation you feel necessary or appropriate before
proceeding with any transaction in connection with any Third Party Services.
5.3 Other Users
An App may contain User Content provided by other users of the App. StoryDown is not responsible for and does not control User Content. FUN
GAMES has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User
Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the
other user and we are under no obligation to become involved. You agree that StoryDown will not be responsible for any liability incurred as the
result of any such interactions.
5.4 Release
You hereby irrevocably and unconditionally release and forever discharge StoryDown (and its suppliers) from any and all claims, demands, and
rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Apps
users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN
CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. Disclaimers
6.1 APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND StoryDown (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM
ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT,
ACCURACY, OR NON-INFRINGEMENT. StoryDown (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY APP: (A)
WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE
BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
6.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
7. Limitation on Liability
7.1 IN NO EVENT SHALL StoryDown (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST
PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING
FROM OR RELATING TO THIS AGREEMENT OR StoryDownʼS PRIVACY PRACTICES, ANY APP, EVEN IF StoryDown
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, StoryDownʼS¬ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR
RELATED TO THIS AGREEMENT OR StoryDownʼS¬ PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOUʼVE PAID FUN
GAMES IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL StoryDownʼS SUPPLIERS HAVE ANY LIABILITY
ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. Fees
You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the App. StoryDown may revise the pricing for
the goods and services offered to you through the App at any time. YOU ACKNOWLEDGE THAT StoryDown 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 YOU CLOSE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE APP
9. General
9.1 Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the
changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail
notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective
immediately for new users of our Apps. Continued use of our Apps following notice of such changes shall indicate your acknowledgement of such
changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the
top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure
you are aware of any changes.
9.2 Notice
Any notice provided to StoryDown pursuant to this Agreement should be sent to the email present on the app.
9.3 Severability
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired
and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.4 Entire Agreement
This Agreement is the final, complete and exclusive agreement of you and StoryDown with respect to the subject matters hereof (including all Apps)
and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End
User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The word including means including without limitation. Your relationship to StoryDown is that of an independent contractor, and neither party is an
agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without StoryDownʼs prior written
consent, and any attempted assignment in violation of the foregoing will be null and void. StoryDown may assign this Agreement in connection with
a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this
Agreement shall be binding upon assignees.
10. Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using an App from the Apple Application Store. To the extent the other terms
and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive
or conflicting terms and conditions in this Section 10 apply, but solely with respect to Apps from the Apple Application Store.
10.1 Acknowledgement: StoryDown and you acknowledge that this Agreement is concluded between StoryDown
and you only, and not with Apple, and StoryDown not Apple, is solely responsible for App and the content thereof.
To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth
for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting
Apple term applies.
10.2 Scope of License: The license granted to you for App is limited to a non-transferable license to use App on an iOS
Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of
Service.
10.3 Maintenance and Support: StoryDown is solely responsible for providing any maintenance and support services
with respect to App, as specified in this Agreement (if any), or as required under applicable law. StoryDown and you
acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect
to App.
10.4 Warranty: StoryDown is solely responsible for any product warranties, whether express or implied by law, to the
extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may
notify Apple, and Apple may refund the purchase price for App to you; and to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with respect to App, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be FUN
GAMESʼs sole responsibility.
10.5 Product Claims: StoryDown and you acknowledge that StoryDown, not Apple, is responsible for addressing
any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to:
(i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit StoryDownʼs
liability to you beyond what is permitted by applicable law.
10.6 Intellectual Property Rights:StoryDown and you acknowledge that, in the event of any third party claim that
App or your possession and use of App infringes that third partyʼs intellectual property rights, StoryDown, not
Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual
property infringement claim.
10.7 Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
10.8 Developer Name and Address: StoryDownʼs contact information for any end-user questions, complaints or
claims with respect to App is set forth in Section 9.2.
10.9 Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using
App.
10.10 Third Party Beneficiary: StoryDown and you acknowledge and agree that Apple, and Appleʼs subsidiaries, are
third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this
Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement
against you as a third party beneficiary thereof.