The terms of this agreement ("Terms of Service") govern the relationship between you and Funflux Limited (hereinafter "Funflux" or "Us" or "We") regarding your use of Funflux's games, websites and related services (the "Service"). Use of the Service is also governed by Funflux's Privacy Policy and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service, including browsing any Funflux website or accessing a game, you must agree to these Terms of Service and the Privacy Policy.

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.

Funflux reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Funflux policies at any time by posting the amended terms on the Funflux 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 Funflux Privacy Policy, or any other Funflux 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 Funflux policies, Funflux 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:

• You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
• You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Funflux, or previously been banned from playing any Funflux game.
• You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

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 Funflux 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.

Funflux 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:

• Engage in any act that Funflux deems to be in conflict with the spirit or intent of the Service or make improper use of Funflux's support services.
• Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Funflux game or any Funflux game experience.
• Modify or cause to be modified any files that are a part of the Service or any Funflux game without Funflux's express written consent. Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Funflux's games.
• Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service or any Funflux game environment.
• Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Funflux.
• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
• Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Funflux employees.
• Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service.
• Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service.
• Collect or post anyone's private information, including personally identifiable information, identification documents, or financial information through the Service.

Funflux 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. Funflux 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, FUNFLUX MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Funflux 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.

FUNFLUX RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

Funflux 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, Funflux shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.

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 Funflux game client, and the Funflux game clients and server software) are owned by Funflux. Funflux 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 FUNFLUX.

2.3. Virtual Items

Funflux owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Funflux 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 Funflux game, whether earned in a game or purchased from Funflux, 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 Funflux 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 Funflux in accordance with its Privacy Policy.

3.1.1. Content Screening

Funflux 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 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.

Funflux 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.

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. Funflux 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. Funflux 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. Funflux 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 Funflux violates these Terms of Service.

3.2.3. Your License to Funflux

You hereby grant to Funflux 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.

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 Funflux games. Funflux reserves the right, but has no obligation, to become involved in any way with these disputes.

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 Funflux 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.

Funflux may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Funflux shall have no liability to you or any third party in the event that Funflux exercises any such rights.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

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. Funflux may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT FUNFLUX 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. Funflux may require that you accept updates to the Service and to Funflux's games you have installed on your device or computer. You acknowledge and agree that Funflux may update the Service and Funflux games, with or without notifying you.

6. Disclaimer of Warranties

WITHOUT LIMITING FUNFLUX'S 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. Funflux 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.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNFLUX SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES.

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 Funflux OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF Funflux.

You agree to indemnify, defend and hold Funflux (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.

8. Dispute Resolution and Law

If a dispute arises between you and Funflux, 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 Funflux 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 Funflux shall be governed by the laws of HongKong, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Funflux must be resolved exclusively by a court located in HongKong.

9. Severability

You and Funflux agree that if any portion of these Terms of Service or of the Funflux 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

Funflux may assign or delegate these Terms of Service and/or the Funflux 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 Funflux's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies

Funflux 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 Funflux Privacy Policy), contain the entire understanding of you and Funflux, and supersede all prior understandings of the parties hereto relating to the subject matter hereof.

10.4. No Waiver

The failure of Funflux to require or enforce strict performance by you of any provision of these Terms of Service or the Funflux Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Funflux's right to assert or rely upon any such provision or right in that or any other instance.

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 Funflux Privacy Policy shall be in writing and addressed to: Funflux Limited.

10.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Funflux are of a unique and irreplaceable nature, the loss of which shall irreparably harm Funflux and which cannot be replaced by monetary damages alone so that Funflux shall be entitled to injunctive or other equitable relief.

10.7. Force Majeure

Funflux shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Funflux, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Funflux's 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.