Terms & Conditions
Effective Date: July 21, 2020
TERMS AND CONDITIONS
Last updated: 23rd December 2021
These Terms form a legally binding contract between you and us. By accessing or using any of the Services you accept and agree to these Terms. If you do not agree to these Terms then please do not access, purchase or use our Services.
Games means any games developed and/or made available by us, whether existing now or in the future.
By using the Services, you agree that you are at least 18 years of age, or, if you are younger than 18 years of age that you have reviewed these Terms with your parent(s) or guardian(s) and they have agreed to these Terms on your behalf and they take full responsibility for your compliance with them. If we are informed by a parent/guardian that their child has misrepresented their age when registering for our Games or Services and the actual age of the child is below 13 years of age, we will Stop the Account (as defined below) provided we have the information which satisfies us that the reporting person is indeed the parent or guardian of that child.
Who we are
We are FunPlus International AG, a company registered in Switzerland and located at Bahnhofstrasse 2, 6300 Zug, Switzerland, with commercial register number CHE-406.512.803.
You can contact us at email@example.com.
Changes to these Terms
We may change these Terms from time to time, for example in order to ensure that we remain compliant with applicable laws or to reflect any changes we make to the Services or otherwise. It is your responsibility to check these Terms regularly before using any of our Services. Your continued use of our Services from the date of change will be deemed your acceptance of the amended Terms.
To use certain of our Services you may be required to create an account with us and/or with the third party platform operator e.g. Apple or Google (Account). To create an Account, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up-to-date. You may not share your Account with others and are solely responsible for keeping the login credentials to your Account confidential. You are responsible for all activities associated with your Account. We may Stop your Account or permanently remove any content or Virtual Items from any of our Services at our reasonable discretion if we have reasonable grounds for believing you have violated any of these Terms. References to "Stopping" or to "Stop" an Account includes temporarily or permanently disabling, suspending, banning or muting an Account. If your Account is muted, you can continue to play but will not be able to use free text chat during the relevant muting period. If your Account is disabled or banned, you will no longer be able to access your Account and any licenses previously granted to you to use our Games and Services will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ACCOUNT, CHARACTERS AND ANY IN-GAME ITEMS OR CURRENCY. More information about when we may Stop your Account can be found in section 4.2 of these Terms.
If, acting reasonably, we consider that: (i) these Terms have or may have been breached or may likely be breached by you; and/or (ii) you have committed fraudulent, unlawful or abusive activity including any breach or suspected breach of the rules of conduct set out in section 8 of these Terms; and/or (iii) it is necessary in order to prevent or stop any harm or damage to us, to any our Games or Services, to other players, the general public or to you, then it is in our reasonable sole discretion, that we may at any time: (i) Stop (as defined) any part or all of your Accounts; (ii) restrict your access to any content-uploading or other features of our Games or Services; and/or (iii) restrict your access to or delete Virtual Items or anything you have acquired by means of Virtual Items.
If we take any of the above actions, you may raise your concern by contacting our customer services via Email: firstname.lastname@example.org.
We do not guarantee the ongoing supply of any games or services or that content will be available at all times, in all locations, or at any given time or that will continue to offer such games, services and content for a particular length of time.
Deletion and Recovery of your Account
If you want to permanently delete your account you may easily request your account deletion at any time under your profile in the Game.
When you request to delete your account, you will need to answer two questions to identify you as the true account owner, which answers will enable us to successfully verify your account information. Subsequently, the account deletion process will automatically begin, subject to a 15-day cooling-off period, before the account including all its items and content will automatically be fully and irreversibly deleted. Whilst the deletion process is being undertaken, during the cooling-off period, your account will be deactivated and any content associated with the account will no longer be accessible by you but will continue to be visible to other users until the expiration of the cooling-off period. During the cooling-off period you will have the opportunity to recall your deletion request by sending us a message via the in-game portal or to email@example.com. If you do not recall your account within the cooling-off period, your account will, upon the expiration of the cooling-off period, automatically be irreversibly, fully and permanently deleted, including all items purchased and other associated content under your account. Following the deletion of your account and associated content, it may take us up to another 30 days to remove it from backups and disaster recovery systems.
The deletion of your account and any content associated with your account may not be permanently deleted where deletion would restrict our ability to: (i) investigate or identify illegal activity or violations of our Terms and policies (for example, to identify or investigate misuse of our products or systems); (ii) protect the safety and security of our products, systems and users; (iii) comply with a legal obligation, such as the preservation of evidence; or (iv) comply with a request of a judicial or administrative authority, law enforcement or a government agency.
If you have initiated the deletion or deactivation of your account by yourself (provided your account has not been deleted or deactivated by us due to your non-compliance with these Terms), then, until the expiration date of the cooling-off period (i.e. 15 calendar days from your deletion request), you will be able to recover or reactivate your account by contacting our customer services via the in-game portal or by email: firstname.lastname@example.org. Following such a request, you will need to answer two questions to identify you as the true account owner, which answers will enable us to successfully verify you as the legitimate account owner, recover your account and abort your account deletion process.
Our Services, Games, Accounts, Virtual Items and all related materials (including without limitation, software, code, information, content, data, text, characters, music, sounds, videos) made available by us or on our behalf and all related copyright and other intellectual property rights in such Services, Games, Virtual Items and materials (together Content) are licensed, not sold, to you under these Terms. Subject to your strict compliance with these Terms, we grant you a limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to use our Content for your own personal and non-commercial use. If you breach any of these Terms, we may immediately terminate or suspend any license to you at our sole discretion acting reasonably. You acknowledge that all intellectual property and other rights in the Content are and will remain our sole property and that you will have no ownership, title or other proprietary interest in and to the Content, regardless of whether you 'earned' or 'purchased' such Content.
Your legal obligations and promises to us
You confirm that:
all information and details provided by you are true, accurate and up-to-date. The rights granted under these Terms are strictly personal to you and you must not make the Services or your password(s) available to anyone else; and
you will comply with the rules of conduct relating to your use of the Services and/or Virtual Items as set out in Sections 7 to 10 and any other restrictions set out elsewhere in these Terms.
You agree to compensate us where we pay damages or incur any other losses or expenses (including legal fees) in respect of any claim made by a third party due to your breach of these Terms or contrary to any other laws and regulators or the rights of a third party.
Rules of conduct and your use of the Services
You acknowledge our rules of conduct and agree that in using the Services (including the creation of User Generated Content (USG)) you will not:
use or allow the use of the Services for any purpose or activity that is illegal, unlawful or in breach of these Terms;
reproduce, distribute, publicly display or perform, translate, modify, adapt, create, derivate works from, deconstruct, reverse engineer, decompile or disassemble, in any manner the Services, source code in the Services or any portion thereof;
sell, rent, lease, share or provide access to your Account or access or attempt to access the Accounts of other users or penetrate or attempt to penetrate any security measures relating to the Services;
partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of the Services;
where user-generated content or an online community exists or otherwise harass, threaten, embarrass, spam or do anything else to another person that is unwanted, such as repeatedly sending unsolicited messages or making personal attacks, comments or statements about race, sexual orientation or religion (); organise or participate in any activity or group that is harmful, abusive, offensive, obscene, threatening, bullying, vulgar, sexually explicit (including nudity and any form of inappropriate exposure), defamatory, invasive of personal privacy or encourages conduct that would violate a law or in a reasonable person’s view be considered objectionable and/or inappropriate;
use abusive, offensive, or defamatory screen names and/or personas, whether created through Services or through third party devices connected to Services;
impersonate any other person, or indicate falsely that you are an employee or a representative of us or any of our partners or affiliates;
promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or counterfeit or legitimate Virtual Items;
upload any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt any of the Services;
make improper, false or spurious reports to us;
use our Services to build any service or game that may disadvantage or compete with our Services or assist another person in building a service or game that would disadvantage or compete with our Services;
probe, scan or test the vulnerability of our Services, or circumvent or breach the security or authentication measures of our Services;
improperly use in-game support or complaint buttons or make false reports to us;
use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, 'data mine' or in any way reproduce or circumvent the content, navigational structure or presentation of our Services; and
sell, buy, trade or otherwise transfer or offer to transfer your Account, any personal access to our Services, or content associated with your Account, including Virtual Items, either within our Services or on a third-party website, or in connection with any out-of-game transaction.
To the extent the Services functionality technically permits, you shall not post or communicate any person’s “real world” personal information whilst using the Services, particularly not in any chat rooms or forums.
We reserve the right to access, monitor and/or record any online activities within our Services and by acceptance of these Terms you give us your express consent to access and record your activities.
Any breach of the above rules of conduct shall be determined by us at our discretion, acting reasonably in all circumstances.
User Generated Content (UGC)
User Generated Content (UGC) means any form of content generated by a user of the Services (including remarks, suggestions, ideas, graphics, text, images, video, information and messages) communicated, posted, uploaded, or sent by users on or in connection with the Services. Our Services may include social elements which permit players to come into contact with and chat to other players. Messages exchanged between players, whether in private in-game messaging or public forums, are included within this definition of UGC.
We, or third parties engaged by us, may monitor and/or moderate UGC but we do not guarantee the accuracy, quality, or integrity of any UGC posted via the Game or any part of the Services. By using our Services you acknowledge and accept that you may be exposed to materials you may find offensive or objectionable. We do not endorse any UGC posted on the Services, nor do we guarantee its truthfulness or accuracy. However, if someone is violating these Terms or misusing the Services, please report this to us by contacting us at email@example.com or firstname.lastname@example.org. We will review the report and may, at our reasonable discretion, take action against anyone who violates the Terms, such as by revoking or suspending access to certain or all of our Services and terminating or suspending their Account. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false report in bad faith.
We reserve the right to remove and permanently delete any UGC from our Services with or without notice. We reserve the right to disclose your identity to any third party that validly claims that any of your UGC infringes such third party's intellectual property or their privacy. We will also disclose your UGC to third parties and governmental authorities on request where we are legally obliged to do so.
We use the term Virtual Items to mean rights that we license to you to access or use certain features that are made available in our Services. Examples may include access to digital or unlockable content, additional or enhanced functionality (including multiplayer services), virtual assets, in-game achievements, and virtual points, coins and currencies. When you sign up or pay for Virtual Items, we grant you a personal, limited, non-transferable, non-sub-licensable, revocable and non-exclusive license to access the selected Virtual Items. Virtual Items have no monetary value and no other value outside of our Services. You cannot sell, trade or transfer your Virtual Items, or exchange them for cash. Any payment you make for access to Virtual Items is non-refundable unless otherwise stated at our sole discretion.
Price, Payment and Tax
We aim to ensure that the pricing of our Services (including Virtual Items, Games and any other goods and services available via third-party stores or on our store) are correct at all times. However, the Game and website pages may not always accurately reflect the correct details at the moment at which you place your order. We also reserve the right to change prices without prior notice at any time before the formation of the contract. We cannot confirm the price of an item until your order is accepted. Where you are resident in the European Union, we or our third-party stores will charge VAT or applicable sales tax on purchases as required by law, and you agree to provide the information we reasonably require in order to determine the applicable VAT or sales tax rate.
All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and we will not be liable for any delay or non-delivery.
It is your own responsibility and you must comply with the terms and conditions applicable to your chosen payment method, as set by the payment provider. We may add or remove any payment methods in relation to our Services at our sole discretion and without prior notice to you.
If the relevant Services include an automatically renewing subscription (a “Subscriptions Service”), then our Subscription Terms shall apply to this Subscriptions Service.
All purchase orders are subject to acceptance by us and availability of the Services. If your order cannot be processed successfully, you will be notified of the reason and receive an explanation, if possible. Please note that this acknowledgement email/message does not mean that your order has been accepted – your order merely constitutes an offer to us to purchase the Services. All orders are subject to acceptance by us. When we make the Services available e.g. as a download, this represents our legal acceptance of the offer you made to purchase the Services and the contract between us will then be formed (and we or the third party platform or service provider will debit your account).
Withdrawal and Refund Policy
We want to provide you with the best possible services and game experiences. At the same time, we hope you are delighted with your Games, Virtual Items and Services. However, you have the right to cancel your order and withdraw from any contract between you and us (Contract), without giving any reason, and receive a full refund within 14 days from the day you placed your order (Cancellation Period), BUT you agree that FunPlus will immediately begin with the performance of your item purchase contract and will immediately make the digital content of the purchased items available to you. By downloading, streaming or accessing your Virtual Items, digital/online Games and/or Services, you will immediately lose your right to cancel the Contract, if any, once the download, streaming or accessing of such Virtual Items, digital/online Games and/or Services is complete, due to the nature of these Services.
We will not refund any amounts paid when: (i) you have been the victim of in-game scamming (however, we will try to assist you to recover your Account); (ii) your Account has been cancelled or suspended as a result of you violating these Terms; (iii) you have used unauthorised software to access our Games and Services without our permission; (iv) we no longer offer offering any of the Virtual Items, Games or Services for any reason or (v) you decided yourself to cancel your Account.
Availability and functionality
We reserve the right to limit the amount of Virtual Items you can purchase in a given period. Virtual Items may only be purchased and used by players in jurisdictions where such activities are permitted under applicable law. Virtual Items may only be purchased from us or our permitted representatives through the Games or otherwise expressly authorised. We reserve the right to refuse any request to purchase Virtual Items for any reason.
We will use reasonable endeavours to maintain the operation of the Games and Services and rectify faults as quickly as possible. We reserve the right to modify, including by way of regular updates, our Games and Services and we may occasionally have to suspend operations of certain Games or particular Services, with notice whenever reasonably possible, for repair, maintenance, improvement, security or any other reason, provided that we will do our best to make any such suspension or interruption period as short as possible. We do not accept any responsibility for suspensions, interruptions or errors caused by external forces or circumstances outside our reasonable control.
We cannot guarantee that our Games or any part of our Services will be compatible with or capable of being accessed on all devices, platforms, operating systems or equipment, or in conjunction with any particular software or connectivity services not approved by us. We do not accept responsibility for any such equipment, software or services. We do not guarantee that our Services can be accessed in all geographic locations.
We may cancel a payment and make a chargeback to you, including any transaction fees incurred, if any, if we have reason to believe any purchase is incomplete or any purchase is made, or we suspect it is made, fraudulently or in an otherwise non-bona fide manner.
Payment methods accepted by us are as per those payment methods provided on our store site and by the third-party platform providers such as Apple and Google within our Games at the point of sale.
You agree that the Games and any aspect of the Services may automatically download and install updates, upgrades and additional features that we deem reasonably necessary and/or beneficial to our business, operations or to you. These Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
These Terms shall apply to your use of the Games, your Account, Virtual Items and Services at all times and shall continue until you delete, cancel or remove such Games, Account, Virtual Items and stop using our Services or we terminate this licence to you.
You acknowledge that all intellectual property rights in the Services, Games and Virtual Items and all content appearing within the Services, Games and Virtual Items belongs to us, our licensees or affiliates and that such rights are merely licensed to you and you do not acquire any ownership rights in the Services, Games and Virtual Items or any other part of them other than the right to use the Services, Games and Virtual Items under the terms of this licence.
Any use by you of any of our intellectual property other than as permitted under these Terms may only be undertaken with our prior express written authorisation. Nothing contained within these Terms shall be construed as conferring any right, whether by implication or otherwise, to use any of our intellectual property in the Services, Games and Virtual Items other than as expressly permitted in these Terms.
We reserve the right to stop offering you any of our Games and/or Services at any time either permanently or temporarily, at which point any license previously granted to you to use the Games and/or Services or a part thereof will be automatically terminated or suspended and your Account will no longer be available and be Stopped. Prior to stopping the availability of any of our Games and/or Services, we will use our reasonable efforts to notify at least 60 days before such Games and Services become unavailable. Notification may be given via our websites, push notification, alert, email or other messages. In such an event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of our Games and/or Services unless required otherwise by law.
Suspension and Termination
Acting reasonably, we may suspend, restrict or terminate your access to the Games, Virtual Items and/or any other part of the Services and consequently suspend or terminate the licence granted to you under these Terms, if:
you breach of any of the restrictions or provisions in these Terms;
for reasons of a system failure, maintenance or repair or due to events beyond our reasonable control; and/or
we decide to withdraw the Game(s), Virtual Items and/or any other part of the Services from the market for any reason at our sole discretion, acting reasonably.
We will strive to always give you an initial warning and notice prior to terminating or deleting your access to our Games, Virtual Items and/or any other Services. But if you have seriously or repeatedly breached our Terms or have been issued with previous warnings, we may move directly to terminating the contract with you under these Terms and your license to access our Games, Virtual Items and/or any other part of the. Under such circumstances we will notify you by email or within the app, website or channel as appropriate subject to Section 26. Upon termination the rights and licence granted herein will be terminated and you shall cease all use of the applicable Games, Virtual Items and/or any other part of the Services. If we decide to withdraw Game(s), Virtual Items and/or any other part of the Services from the market, we'll strive to notify you at least 60 days in advance prior to withdrawing access by email or within the app, website or channel of other part of the Services as appropriate subject to Section 26.
Third Party Content
Our Services may include hyperlinks to third-party websites and services. We do not control these websites and services and are not liable or responsible for their content or for their collection, use or disclosure of your personal information.
Our Legal Obligations and Limits on Liability
OUR GAMES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE PROVIDE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES THAT YOU WILL BE ABLE TO ACCESS OR USE OUR GAMES OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT OUR GAMES OR SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE INTEROPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF OUR GAMES AND SERVICES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF OUR GAMES AND SERVICES. WE ALSO MAKE NO GUARANTEE THAT OUR GAMES AND SERVICES WILL WORK WITH OR CAN BE ACCESSED ON ANY PARTICULAR DEVICES, PLATFORMS, OPERATING SYSTEMS OR EQUIPMENT, OR IN CONJUNCTION WITH ANY PARTICULAR SOFTWARE OR CONNECTIVITY SERVICES. WE DO NOT ACCEPT RESPONSIBILITY FOR SUCH EQUIPMENT, SOFTWARE OR SERVICES.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, OUR TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING LIABILITY FOR ANY LOSSES, COSTS, EXPENSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH A GAME OR SERVICES OR THESE TERMS SHALL NOT EXCEED (IN AGGREGATE) THE MONETARY AMOUNT EQUIVALENT TO THE FEES, RELATING TO THE GAME OR SERVICES, ACTUALLY PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE CAUSE OF ACTION FIRST ARISING. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS, OR ANY OTHER LIABILITY THAT CANNOT UNDER ANY APPLICABLE LAW BE EXCLUDED OR LIMITED.§§
How to contact us for support or to report complaints, faults or abuse
If you require customer support or would like to report a complaint, a fault or abusive behaviour in violation of the rules set out in Section 8 or if you have any other questions or comments in relation to our Games, Virtual Items or Services then you may contact us at email@example.com.
We aim at resolving our disputes amicably and we are certain that most of your concerns can be resolved by contacting our dedicated customer service team at firstname.lastname@example.org.
You and we shall first attempt to resolve any all disputes, claims or controversies arising out of or relating to these Terms, any of our Services and their marketing, or the relationship between you and us ("Disputes") informally before initiating litigation, if any. The informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. We will send our Notice of Dispute to your email address, or billing address, if available and applicable. You may send your Notice of Dispute by notifying email@example.com. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will first be provided an opportunity to escalate the matter to first our head of customer service and in the ultimate instance to a member of our senior management.
These Terms and any document incorporated by reference constitute the entire agreement between you and us and supersede any previous terms between us in relation to such matters. The limitations, exclusions and restrictions in these Terms shall pass to the benefit of our licensors, successors and assigns. These Terms are drafted in the English language and will be translated into other languages. The English language version of these Terms shall prevail if there is any conflict or inconsistency requires clarification. The headings in these Terms are for ease of reference only and shall be disregarded in construing or interpreting the Terms. If we fail to enforce any provision of these Terms, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. If any provision of these Terms is found by a court to be invalid, we agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect. We may transfer all or part of our rights or duties under these Terms provided we take reasonable steps to ensure that your rights under these Terms are not prejudiced. A person who is not a party to these Terms shall have no rights to enforce any of its terms. These Terms are governed by the laws of Switzerland and the courts of Zug, Switzerland will have exclusive jurisdiction in relation to any dispute connected with these Terms and the Games and Services.
We may provide you with emails, text messages, push notifications, alerts and other messages related to our Games and Services, such as but not limited to important announcements, legal notice, enhancements, offers, products, events, and other promotions to the extent that you have voluntarily bound your device with the Game. After downloading our Games, you may, depending on the device you are using, be asked to accept or deny push notifications/alerts in respect of our other games, services and/or activities. If you deny, you will not receive such push notifications/alerts. If you no longer wish to receive push notifications/alerts from our Game, you may opt out by changing your notification settings on your device.
Force majeure means any cause or event beyond the reasonable control of the affected party including without limitation war, civil war, armed conflict or terrorist attack, nuclear, chemical or biological contamination, pandemic, strikes, civil action, disruption or unavailability of the internet, unscheduled hosting and maintenance to systems, power and data losses, and other acts of God, etcetera. We shall not be obliged to perform our obligations under these Terms to the extent that we are prevented from doing so by reason of an event of force majeure. Performance of these Terms may cease during the continuation of the force majeure event and may continue for such time even after that event ceases to the extent necessary for us to fulfil our obligations again. For so long as such force majeure event persists, our obligations under these Terms shall be suspended to the same extent. If such force majeure continues for a continuous period in excess of four months we may terminate access to the applicable Games, Virtual Items or Services immediately on service of notice to you.
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