Terms of Use

Introduction


The MfunGames website (the "Site") and its contents are owned and operated by Mfun Holdings (Hong Kong) Limited ("MfunGames", "we", or "us") and its partners. Please read the terms of this document before attempting to use the Site.


1.The Materials

The information and materials provided on or through the Websites and/or Services, including without limitation, Virtual Currency (defined below), Site Items (defined below), and any other data, text, pictures, graphics, audio, video, icons, games, software, and upgrades for use in games or on or through the Websites and/or the Services (including any new levels, characters, and in-game items), links, and other content, features and services available on or through the Websites and/or the Services (collectively, the “Materials”), excluding Submissions (defined below), are intended to educate and inform you about us and our business and provide you with access to the Services. THE MATERIALS ARE PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK.


2.Limited License and Right to Use the Materials.

The Websites and Services are provided for your enjoyment, and unless otherwise specified on or in the Websites or Services, solely for your own personal use. MfunGames hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Websites and Services for your own non-commercial entertainment purposes, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Websites or Services, including without limitation on Third Party Platforms, MfunGames reserves the right to revoke your right to use the Website or the Services at any time as further set forth in Section 11 herein. You acknowledge that the time that you spend on or using the Websites and/or Services including without limitation on any Third Party Platforms, is solely for your personal entertainment purposes, and that no monetary value can be attributed to such time and that, but for the license granted herein, you are not entitled under the law to use or have access to the Websites or Services and/or the Materials. Except as expressly provided herein, MfunGames does not grant you any other express or implied rights or license in or to the Materials, Services and/or the Websites, and all right, title and interest that MfunGames has in the Materials and/or the Websites rights not explicitly granted to you by MfunGames or its licensors are retained by MfunGames or its licensors, respectively. Except as expressly set forth in the Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, Materials without MfunGames’ or its licensors’ express prior written permission. This includes, but is not limited to scraping user locations, power levels, or utilizing any non public information about game play or other users and migrating that data anywhere.


3.Intellectual Property

You acknowledge that the Materials, Services and Websites are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights (“Intellectual Property”) owned by MfunGames, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Websites, Services and Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of MfunGames. You acknowledge that the Intellectual Property is valid and protected in all media existing now or later developed and under United States and foreign laws. You acknowledge that you do not acquire any ownership rights in or to the Intellectual Property.The Intellectually Property may not be used by you for any purpose without MfunGames’ prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not MfunGames’, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages MfunGames. Nothing contained on the Websites or available on any Third Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, MfunGames and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.


4.Right to Modify

We reserve the right, at any time, to modify, suspend, or discontinue the Websites, the Materials, the Services, or any part or parts thereof with or without notice. You agree that MfunGames will not be liable to you or to any third party for any such modification, suspension, or discontinuation.


5.Your Account

In order to access and/or use certain aspects of the Websites and/or Services, we may require you to create a user Account (“Account”). You acknowledge and agree that you have no ownership or other proprietary interest in such Account. To create an Account, we may require or request that you to provide us with certain personal information (e.g., your name and/or e-mail address). Providing MfunGames with your personal information is your choice. Each time you decide to provide MfunGames with your personal information, you agree to: (a) provide accurate information about yourself as prompted by our registration form (including your current e-mail address) and (b) maintain and update your information (including your e-mail address) to keep it accurate and current. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, MfunGames has the right to terminate your access to and use of the Websites and/or Services (or any portion thereof) and your participation in any Services contained on or available through the Websites or any Third Party Platform. To create an Account, we may require you to select a username and password. Your username is subject to certain terms and Standards, as set forth in Sections 6 and 9 below. You agree that MfunGames has the right in its sole discretion to suspend or terminate your user Account and refuse any and all current or future use of the Websites and/or Services (or any portion thereof).

User Name & Password.You acknowledge that you shall be responsible for ensuring that any user name you select does not infringe any third party rights or is otherwise unlawful. MfunGames may refuse to grant you a username in its sole discretion for any reason including if it impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and MfunGames reserves the right to revoke and/or reassign that username in its sole discretion. You understand and agree that MfunGames reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in MfunGames’ sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF VIRTUAL CURRENCY, SITE ITEMS, OR SERVICES ON OR THROUGH THE WEBSITES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. You agree not to transfer or resell or otherwise convey your Account or the right to use your Account or rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password and (ii) immediately notify us of the problem by e-mailing us.

You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You agree that MfunGames will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by MfunGames or another party due to someone else using your Account. Because of this, MfunGames strongly recommends that you exit from your Account at the end of each session.

6.You agree to pay all fees or charges incurred by your Account, including applicable taxes at the time that the applicable fee or charge becomes payable. MfunGames may add new products and services for additional fees and charges, or proactively amend fees and charges for Services and/or Materials, at any time in our sole discretion. You represent to MfunGames that you are an authorized user of the chosen method of payment used to pay any fees you incur plus all applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.YOU ACKNOWLEDGE AND AGREE THAT THERE ARE NO REFUNDS FOR FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.

Virtual Currency/Site Items. You acknowledge that the Websites and/or Services may include a component of fictional credits or currency sometimes called “Points” (collectively, “Virtual Currency”) The Virtual Currency may be used exclusively within the Websites to gain access to and certain limited rights to use virtual items for use exclusively within the Websites and Services (“Site Items”).Regardless of the terminology used, Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any sum of money or monetary value from MfunGames or any other person or entity at any time. Virtual Currency provided by MfunGames includes only a limited license right to use Virtual Currency. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use Virtual Currency on and in the Websites or Services including in or for any games, applications or other services provided or offered on or through the Websites and/or Third Party Platforms, and you agree that you have no right, title or ownership in or to any such Virtual Currency. YOU ACKNOWLEDGE AND AGREE THAT VIRTUAL CURRENCY AND SITE ITEMS HAVE NO CASH VALUE AND THAT NEITHER MfunGames NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR SITE ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE WEBSITES AND/OR SERVICES IS TERMINATED, THE VIRTUAL CURRENCY, SITE ITEMS AND YOUR ACCOUNT SHALL HAVE NO VALUE.

MfunGames reserves the right to charge fees for the right to access or use Virtual Currency or Site Items, and/or may distribute Virtual Currency or Site Items without charge, in its sole discretion. For example, MfunGames may, as a promotion or benefit of membership, provide users with a certain amount of Virtual Currency or a certain Site Item based upon the completion of an activity, such as signing up a certain number of users. You acknowledge and agree that MfunGames may revise or take action that impacts the perceived value of or pricing for any Virtual Currency, Site Items and/or any Services at any time except as may be stated in writing. Virtual Currency and Site Items will not expire and will not incur fees for non-use.

You may also obtain a license to use Virtual Currency and/or Site Items by redeeming third party virtual currency, including without limitation Facebook Credits. If you purchase or use Facebook Credits, you are agreeing to Facebook’s terms of service, including without limitation any payment terms, and privacy policies, and MfunGames is not a party to any such transactions.

All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable.

MfunGames has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and MfunGames shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when MfunGames discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.

7. MfunGames reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. MfunGames further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites (including any games, applications or services provided or offered on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Site Items. While MfunGames strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that MfunGames’ determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to MfunGames that such calculation was or is intentionally incorrect.


8. Unauthorized Trades/Transactions

MfunGames does not recognize any sale or trade of Virtual Currency and/or accounts. You may not purchase, sell, gift, or trade any account, or offer to purchase, sell, gift or trade any account, and any such attempt shall be null and void. MfunGames owns, has been licensed, or otherwise has rights to all of the content that is contained in the Games. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Games, or any other attributes associated with any account.

MfunGames does not recognize any purported transfers of virtual property executed outside of the Games, or the purported sale, gift, or trade in the "real world" of anything that is contained or originates in the Game. Accordingly, you may not sell in-game items or currency for real currency, or exchange those items or currency for value outside of the Games or for the purchase of tangible or physical products or other services. Furthermore, MfunGames does not recognize or provide services to enable the transfer of virtual currency among its players. Any aforementioned transactions shall be at your own risk and you shall be solely responsible for any liabilities resulting from the same. In the event that you carry out any of the aforementioned transactions, you hereby acknowledge that MfunGames has no involvement therein whatsoever and shall in no event be liable for such actions. You further acknowledge that MfunGames has warned you against carrying out the abovementioned transactions.

 

9.Online Services/Your Responsibilities.

User Content

The Services of MfunGames enables users to interact online and display and communicate information and content chosen by those users, and that users likewise can alter the service environment on a real-time basis. MfunGames does not control or endorse the content of communications between users, or users' interactions with each other in the Services. We reserve the right to suspend, alter, remove, or delete User Content, or to limit, temporarily suspend, or permanently terminate access to the Services, if:

(1). it breaches the Terms or the Policy;

(2). it violates the rights of other users or MfunGames;

(3). it is the subject of a complaint;

(4). it violates applicable intellectual property laws or it infringes on the copyrights of MfunGames or any other third party;

(5). it is of a criminal or unlawful nature;

(6). it violates law or requirements of any appropriate regulatory authority;

(7). it contains any content or language which, in the sole and absolute discretion of Mfungames, is deemed to be libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise -objectionable; or if it contains any deliberate misspellings or alternative spellings to

circumvent the content and language restrictions;

(8). it points to content deemed by MfunGames to be inappropriate, including without limitation, any website links or URLs directed to other commercial products or service, or any website links or URLs to any materials (including software and other information) that would allow others to inappropriately access software or websites;

(9). it harasses, demeans, abuses, or spams any user or MfunGames staff;

(10). it masks your identity for the purpose of posing as any other user, MfunGames staff, or government official; or

(11). it contains malicious software or is of a malicious nature, including but not limited to viruses, trojans, keyloggers, or any program that could harm (or is designed to harm) other players' computers or the Services.

You agree to not only adhere to the above standards, but also to refrain from encouraging, enabling, or otherwise assisting other users to post or submit User Content that does not comply with the Terms or applicable law. You are solely responsible for any User Content generated by you, as well as its accuracy.

By using the Services, you grant MfunGames a perpetual, worldwide, non-exclusive, royalty-free right to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such User Content. You acknowledge that MfunGames does not guarantee and is not responsible or liable for the quality, safety, legality, truthfulness, or accuracy of any such User Content or user conduct nor any identity information about such user.

10.While using the Websites or Materials, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations, MfunGames has the sole discretion to delete, suspend, terminate or close your user Account, with or without prior notification to you, for any violation of these Terms, including any of the STANDARDS.


11.Eligibility

Except as set forth herein, you must be at least 13 years of age to use the Websites or Services, or anything accessible or available on the Websites or through Third Party Platforms, register for an Account, or transmit or post any Submission or any Personal Information to any Forum or Blog or anywhere else on the Websites. By accessing, using and/or submitting content or messages to or through the Websites or Services, including Services available through Third Party Platforms, you represent that you are at least 13 years old or older for United States, United Kingdom or Canadian users, or that you are an adult in any other jurisdictions. UsersAged 13-18:IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE WEBSITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITES AND/OR SERVICES AND/OR ANYTHING ACCESSIBLE OR AVAILABLE ON THE WEBSITES OR THROUGH THIRD PARTY PLATFORMS. YOU ALSO AGREE THAT ANY PAYMENTS AUTHORIZED BY YOUR CHILD SHALL BE YOUR SOLE RESPONSIBILITY. If the country you reside has any other requirements on your age to use Websites or Services, or anything accessible or available on the Websites or through Third Party Platforms, register for an Account, or transmit or post any Submission or any Personal Information to any Forum or Blog or anywhere else on the Website, you should comply with such requirements.


12.User Ideas

MfunGames does not accept or consider from users unsolicited ideas, including ideas for new promotions, products, games, applications, technologies or processes or other ideas (collectively, “User Ideas”). You must not transmit any User Ideas to or through the Websites, Services or Third Party Platforms, or to MfunGames through e-mail, that you consider to be confidential or proprietary. You agree that MfunGames shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas you submit. You agree that by submitting User Ideas to MfunGames, including any concepts, know-how or ideas, you hereby grant MfunGames a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Websites or Services, and for MfunGames’ (and its successor’s) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or others. MfunGames is under no obligation to evaluate, review, or use any User Idea.


13.Acknowledgements

You hereby agree and acknowledge that: (a) MfunGames has the right to obtain without notification to you certain information about your computer or software, including without limitation, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification and other lawful purposes; (b) MfunGames has the right to obtain without notification to you non-personal information from your connection to the Websites or Services or via any Third Party Platform for demographic or other legal purposes; and (c) MfunGames has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including without limitation, your computer’s random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use “hacks.” The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance or believed by MfunGames to not be in compliance with the Terms and any and all other MfunGames Standards, rules, policies, notices and/or agreements.You acknowledge and agree that you (and not MfunGames) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by MfunGames, including without limitation, the Websites, Services, or Third Party Platforms, and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any websites through which you access MfunGames’ products or Services, including the Websites and any Third Party Platforms.


14.Privacy

MfunGames uses the information and data you provide in a number of ways to manage the Websites and Services, including those Services it makes available through Third Party Platforms. If you do not agree to the terms of the Privacy Policy you may not use the Websites or Services, including any Services available through any Third Party Platform. Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Websites or Services, including any Services available through Third Party Platforms, and/or the information provided by you will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Websites or Services, including any Services available through any Third Party Platform.


15.Sweepstakes/Contests.

From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a “Promotion”) on our Websites, via the Services, or through a Third Party Platform. Participation in any Promotion is subject to the official rules or guidelines governing that Promotion. MfunGames may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless specifically superseded by Promotion-specific rules. In addition, as a condition to receiving any Virtual Currency or other awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in MfunGames marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party’s rules, terms of service, and privacy policies before participating. You agree that MfunGames is not responsible for such third parties’ promotions


16.Accessing Materials

Access to the Websites or Materials from territories where their contents are illegal is prohibited. Those who choose to access or use the Websites or Materials from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Users visiting the Websites or Third Party Platforms from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.


17.Third-Party Offerings.

The Websites may include links to other websites or services (including advertisements and payment providers) solely as a convenience to you (“Linked Sites”). The inclusion of any Linked Site does not imply endorsement by MfunGames of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The content on Linked Sites is not under the control of MfunGames. MfunGames does not provide or endorse any such Linked Sites or the information, material, products, or services contained on or available or accessible on or through any Linked Sites, nor is MfunGames responsible if the Linked Site is not functioning properly. Furthermore, MfunGames makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk, and you acknowledge and agree that MfunGames is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Websites or available through any Third Party Platforms. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Websites are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Websites or through any Third Party Platform or participation in Promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. MfunGames is neither responsible nor liable for any part of such dealings or Promotions.


18.Disclaimer of Warranties

THE WEBSITES AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED OR AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MfunGames AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. MfunGames AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE MATERIALS (OR ANY PART THEREOF INCLUDING THE SERVICES), THE SUBMISSIONS, THE SERVER(S) ON WHICH THE WEBSITES OR SERVICES ARE HOSTED, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES OR ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF MfunGames OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY.YOUR USE OF THE WEBSITES AND MATERIALS, INCLUDING WITHOUT LIMITATION ANY PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITES OR ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.


19.Limitation of Liability.

NEITHER MfunGames NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES OR THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS, SERVICES, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MfunGames FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE LOWER OF (1)TOTAL AMOUNT PAID BY YOU TO MfunGames IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE WEBSITES OR SERVICES OR (2) ** US DOLLARS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND MfunGames OR A REPRESENTATIVE OF MfunGames CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


20.Inaccuracies.

A possibility exists that the Websites, Materials, including any Services provided on any Third Party Platform, or Submissions could include inaccuracies or errors, or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Websites or Materials, including any Services available on any Third Party Platform. Although MfunGames attempts to ensure the integrity of the Websites and Materials, including the Services on Third Party Platforms, we make no guarantees as to the Websites’s or Materials’s completeness or correctness. In the event that a situation arises in which the Websites’s or Materials’s completeness or correctness is in question, please submit a request here privacypolicy@MfunGames.com (with the subject line “Inaccuracies in Websites or on Third Party Platform Name”) with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Websites or Third Party Platform at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” above.


21.System Outages

MfunGames periodically schedules system downtime for the Websites and Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that MfunGames has no responsibility and is not liable for: (a) the unavailability of the Websites or Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Websites or Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.


22.Indemnification.

You agree to indemnify, defend, and hold harmless MfunGames, its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys fees and court costs) that such parties may incur as a result of or arising from (a) any allegation that any Submission or other information you post, submit to us or transmit to the Websites or through a Third Party Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username or Account, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use of the Websites, the Materials, including any Services available on Third Party Platforms, or Submissions; (d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines posted, submitted or transmitted by you to the Websites, in the Services, or on any Third Party Platform; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.


23.Statute of Limitations

Any claim or cause of action arising out of or related to use of the Websites, the Materials, including any Services or information available through Third Party Platforms, or the Terms must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action are forever barred.


24.Modifications to these Terms of Service.

MfunGames has included the effective date of these Terms of Service both on the first and last page of this document. MfunGames reserves the right to make changes to any Terms at any time, however, MfunGames shall provide notification to you in advance of any changes becoming effective, such as by posting a notification on the Websites or via e-mail. If you continue to access and/or use the Websites or Materials, including any of the Services available through any Third Party Platform, after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms as changed. The revised Terms supersede all previous notices or statements regarding the Websites and Materials. For this reason, we encourage you to review these Terms any time you access or use the Websites or Materials, and recommend that you print out a copy for your records. Upon our request, you agree to accept or sign a non-electronic version of these Terms of Service and any other policies or agreements set forth or available on or through the Websites or any Third Party Platform.


25.Mobile Terms

The Websites and Materials, including without limitation any Services available through Third Party Platforms, may include versions designed for mobile content that may be viewed on mobile devices (the “Mobile Site”). In order to use the Mobile Site, you must have a wireless mobile device capable of two-way messaging and wireless service (with SMS (text messaging) capability) through a participating mobile service provider. You agree that are solely responsible for all message & data charges that you incur from your mobile service provider for your use of the Mobile Site. These charges may include standard and premium SMS charges and may be a one-time or reoccurring charge. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. MfunGames is not liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages.


26.Notice

Except as explicitly stated otherwise, legal notices will be served on MfunGames’ national registered agent or to the e-mail address you provide to MfunGames during the registration process. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through your registration for any of the Services or the Websites. In such case, notice will be deemed given three days after the date of mailing.


27.Waiver

The failure of MfunGames to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by MfunGames.

28.Governing Law/Jurisdiction. All disputes arising out of or related to the Terms shall be governed by the laws of the Hong Kong, without reference to its laws of conflict. All disputes under this Agreement shall be submitted to Hong Kong International Arbitration Center.


29.Severability

If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.


30.Assignment

The Terms and any related rights and licenses granted hereunder, may not be transferred or assigned by you without MfunGames’ prior written consent, but may be assigned by MfunGames freely without restriction.


31.Entire Agreement

This is the entire agreement between you and MfunGames relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.


32.Miscellaneous

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. MfunGames’ performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of MfunGames’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Websites, Services, including without limitation those available through Third Party Platforms, and any information provided to or gathered by MfunGames with respect to such use(s). A printed version of the Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to the Terms must be written in the English language.