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fungaming · 6 years ago

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The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between FunGaming, as defined below and yourself ("you") and your use of FunGaming’s products and social games for the web, mobile or any other applicable platforms and/or devices (the “Service”). By accessing or using FunGaming’s Services and accepting these Terms, you agree that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration.

In these Terms, “FunGaming” refers to FunGaming Ltd. and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to FunGaming as "we" or "us".

THE SERVICE IS STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICE DOES NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL WORLD PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THE GAMES OFFERED THROUGH THE SERVICE, AND NO ACTUAL MONEY IS REQUIRED TO PLAY.

1. CHANGES TO THE TERMS OR THE SERVICE

FunGaming reserves the right, in its sole discretion, to revise or modify these Terms, our Privacy Policy including any other rules related to specific services like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs, such as the FunGaming Rewards Rules, Promotion Official Rules and Infractions Terms, that we may publish which apply to your use of those specific services and state they are part of these Terms (“Additional Terms”) (the Terms, Privacy Policy and Additional Terms collectively shall be referred to herein as “FunGaming’s Terms”), at any time by posting the amended FunGaming’s Terms on or within the Service, and you agree to be bound by such revisions or modifications. In addition, FunGaming may terminate these Terms in its sole discretion at any time. Users are responsible for viewing the FunGaming’s Terms periodically. Your continued use of the Service after a change or modification of the FunGaming’s Terms has been made will constitute your acceptance of the revised FunGaming’s Terms. If you do not agree to FunGaming’s Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service. If you use our Service, you must follow all FunGaming’s Terms that may apply. If you access the Service from a social network or download the Service from another platform or applications stores, such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google, you must also comply with its terms of service/use as well as the FunGaming’s Terms.

You understand that the Service is evolving. You may be required to accept updates to the Service, and to FunGaming’s games which you have installed on your computer, mobile device or any other device. You acknowledge that FunGaming may perform these updates remotely and agree that FunGaming may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play FunGaming’s games. We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: stop offering and/or supporting the Service or any particular game or part of the Service; terminate or suspend your license to use the Service or any part of it; modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some and all users of the Services. If that happens, FunGaming is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Service or for virtual goods previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in the FunGaming’s Terms.

2. ACCOUNT INFORMATION

To access or play our games you must create an account with FunGaming (an “Account). You may access the Services via the website, your account in a social network, like Facebook, or, if you are using our mobile Service, an account with the company that provides your mobile applications, such as an Apple account. You may need to update third party software from time to time to receive the Service and/or updates and play FunGaming’s games. During the process of creating an Account to access the Service, you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):

You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. FunGaming will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;

In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify FunGaming and modify your Login Information if appropriate;

You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you and ensure that you "log off" or exit from your Account (if applicable) at the end of each session;

You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.

You undertake to monitor your Account to restrict use by those not meeting our Age Guidelines, and you will deny access to persons as set forth in our Age Guidelines. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example PayPal) by minors.

You shall not have more than one Account per platform or social network, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself.

You shall not have an Account or use the Service if you have previously been removed by FunGaming or previously been banned from playing any FunGaming game.

You shall not use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.

You must provide the equipment (computer, mobile device, tablet, etc.) necessary to connect to the Service. You are responsible to pay any fees, including Internet connection or mobile fees, or for data or cellular usage to download and use the Service.

We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

FunGaming 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 a third party’s rights.

You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile picture.

Any personal information you provide to us when creating or updating your Account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with FunGaming’s Privacy Policy (as further detailed below), Additional Terms and any applicable laws. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.

You may stop using the Service at any time and may request that we stop making active use of your data at any time by following the instructions in the Privacy Policy. Unless the applicable law where you are located requires otherwise, we are not required to provide refunds, benefits or other compensation if you request deletion of your Account.

3. LICENSE

Subject to your agreement and continuing compliance with the FunGaming’s Terms, FunGaming grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to access and use the Service using a FunGaming supported web browser or mobile device. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. The FunGaming’s Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service. You hereby acknowledge that your license to use the Service is limited by the FunGaming’s Terms, and, if you violate or if, at any point, you do not agree to any of the FunGaming’s Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service and must refrain from using the Service.

4. ACCOUNT TERMINATION

FUNGAMING MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, AND/OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND FUNGAMING IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.

Without limiting any other remedies, FunGaming may refuse access to the Service or may limit, suspend, modify, delete or terminate your Account without notice for any reason, including, but not limited to, a suspected violation of the Terms, of the terms of other application stores or platforms (such as but not limited to Facebook, Amazon, Windows Phone, Samsung, Yahoo, Apple or Google), illegal or improper use of your Account, or illegal or improper use of the Services, User Content (as defined below), FunGaming’s games, or FunGaming’s intellectual property as determined by FunGaming in its sole discretion. You may lose your user name, password and all related information and files associated with your Account, as a result of Account termination, without responsibility on the part of FunGaming for any damage that may result from the foregoing, and FunGaming is under no obligation to compensate you for any such losses or results. If you have more than one Account, FunGaming may terminate all of your Accounts. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY FUNGAMING GAME IS A VIOLATION OF FUNGAMING POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS APPLICABLE IN YOUR JURISDICTION.

For Services for Slotomania, House of Fun, Caesars Casino, Vegas Downtown Slots, World Series of Poker, Poker Heat, and/or Bingo Blitz, you may not use the Service if you are under 21 years of age, in which case you must not create an account, access, use or download such games and/or submit any personal information through the Service and/or to FunGaming. At our sole discretion, we may require proof that you meet this requirement for age (“Age Guidelines”) in connection with use of the Services. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (as defined below) acquired through your use of the Services.

In addition to the foregoing, FunGaming may selectively remove, revoke or modify Benefits associated with your Account. "Benefits" mean any benefits, privileges, items, licensed rights granted, earned, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.

You acknowledge that FunGaming is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or modifying Benefits associated with your Account. In the event that FunGaming terminates your Account, you may not participate in any of the Services again without FunGaming’s express permission. FunGaming reserves the right to refuse to keep Accounts for and provide access to the Service or other services to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: [email protected] or submit a ticket via the applicable support channel of the game.

WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS OR LONGER. IF YOU WANT US TO CANCEL OR DELETE YOUR ACCOUNT, YOU CAN CONTACT US AT [email protected] OR SUBMIT A TICKET VIA THE APPLICABLE SUPPORT CHANNEL OF THE GAME.

5. USER CONTENT

You agree that any content published by you through the Service is done so through the use of technology and tools provided by FunGaming. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that the publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of FunGaming. You grant FunGaming the right to act as an agent on your behalf as the Service’s operator.

Any communications, messages, posts, comments, chats, images, sounds, and all the material, data, text, graphics, photographs, videos, location information, or any other content, and their selection and arrangement, uploaded or transmitted through a FunGaming game, or any other Communication Channel (as defined below) of the Service by any user, including, but not limited to, your name, profile picture, voice, likeness, biographical information and game records ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by FunGaming (as further detailed below). Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload, post or otherwise transmit via the Service. FunGaming shall not bear any responsibility for any of the abovementioned content and shall assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.

You hereby grant FunGaming and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unrestricted, unconditional, unlimited license, including the right to sublicense, transfer and assign to third parties, and right to copy, print, host, reproduce, fix, adapt, modify, improve, retitle, translate, reformat, archive, store, cache or otherwise exploit in any manner, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, disclose, sell, resell, license, sublicense, transfer, rent, 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 now known or in the future discovered, in any media, at any time, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including advertising, marketing and promotions thereof. No credit, approval or compensation is due to you for any such use of the User Content you may submit. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content). The license you grant us to use User Content (except any content you submit in response to FunGaming promotions and competitions or any other content specifically solicited by FunGaming) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

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; (b) not in violation of any applicable 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 FunGaming in accordance with its Privacy Policy. You also agree that the User Content shall not include any indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person's privacy. Further, the User Content shall not include any of the following:

Comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;

Comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;

Comments or other materials that harass or advocate the harassment of another person;

Comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;

Comments or other materials that are false or misleading or conduct that is abusive, threatening, obscene, defamatory or libelous; or

Comments or other materials that infringe any party's trademark, trade secret, copyright or other proprietary rights.

You acknowledge that we are not responsible for any User Content posted in connection any portion of the Services. We are merely providing access to the Services and User Content as a service to our users to be used in accordance with these Terms. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Services and in taking any actions based upon such User Content. Accordingly, you will bear all risks associated with any such User Content that you access or use.

FunGaming may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that FunGaming will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.

FunGaming reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever and we may monitor and/or record your interaction with the Service or communications (including without limitation chat text and voice communications) when you are using the Service. You hereby agree that, to the maximum extent permitted by applicable law, FunGaming shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.

If you are aware of any User Content posted in connection with the Services which violates the FunGaming’s Terms, please contact us at [email protected] or submit a ticket via the applicable support channel of the game. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal. We only will remove User Content if we believe the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled "Copyright Notices". Although we may attempt to monitor User Content, in no event do we assume any particular obligation to do so or liability for failing to either monitor the application or remove specific User Content.

6. COMMUNICATION CHANNELS

The Service may provide communication channels such as but not limited to fan pages, forums, blogs communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users and post User Content, including your feedback, questions, suggestions, ideas, submissions, observations and comments on designated topics. FunGaming 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. FunGaming shall have no responsibility to evaluate or use any ideas or information you may choose to submit and such data shall be treated as non-confidential and non-proprietary. FunGaming is under no obligation to monitor these communication channels but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. FunGaming may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by FunGaming, and these communications should not be considered reviewed or approved by FunGaming. You will be solely responsible for your activities within the Communication Channels and under no circumstances will FunGaming be liable for any activity within the Communication Channels. You agree that FunGaming may use, sell, exploit and disclose the comments, feedback, suggestions, concepts, ideas, know-how or techniques contained in any communications you provide in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. FunGaming is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users, including without limitations, member’s misuse or misappropriation of any content or information you post in any Communication Channels. If you become aware of misuse of the Service by any person, please contact us at [email protected] or submit a ticket via the applicable support channel of the game. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of FunGaming, including to enforce our Terms. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring, recording access and disclosure.

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 FunGaming games. FunGaming 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 and hereby agree to indemnify 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, including damages for loss of profits, goodwill, use or data.

In order to encourage users to succeed in our game, we may publish data relating to the most successful users in the game according to various categories of users and statistics, as set upon our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.

7. GAME CURRENCIES AND GOODS

There is never any requirement to make any purchase of any kind to use the Service. The Service may include an opportunity to earn or purchase virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses and/or chips all for use in the Service ("Coins") or virtual in-game items or collections (together with the Coins, “Virtual Items”). A certain number of Coins will be made available to you to collect when you log into the Service at recurring time intervals. If you exhaust your supply of Coins, you may elect to purchase additional Coins and continue to play the games through the Service or you may wait until additional free Coins are available to you. Coins and other Virtual Items are licensed to you by us for your use through the Service, subject to the limitations and other terms set out in greater detail below.

If you wish to purchase Coins or other Virtual Items, you will be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from FunGaming or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any FunGaming game, whether “awarded” in a game or “purchased” from FunGaming, or any other attributes associated with an Account or stored on the Service. Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in FunGaming's sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside the Service, or attempt to sell, give or trade in the "real world" anything that appears or originates in the Service unless otherwise expressly authorized by FunGaming in writing. We won’t recognize those transfers as legitimate. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without FunGaming’s written permission. Doing so is a violation of these Terms and may result in termination of your Account and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicense able license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. FunGaming retains the right to manage, regulate, control, modify and/or eliminate Virtual Items at its sole discretion, and FunGaming shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, FunGaming may selectively remove or revoke Virtual Items associated with your Account upon its sole discretion.

Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. FunGaming does not recognize any purchases or transfers made outside of the Service on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the game. We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason or revise the pricing for the Virtual Items at any time. You can get a limited license to Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. Virtual Items purchased in our games on other applications stores or platforms such as but not limited to Facebook, Apple iOS, or Android will be subject to those platforms’ payment terms and conditions. FunGaming does not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties. Please review those platforms’ terms of service for additional information. Your order for Virtual Items will represent an offer to us to obtain a limited license for the relevant service(s) or virtual in-game item(s) which will be accepted by us when we make the Virtual Items available in your account for you to use in our games or debit your credit card or other account through which you paid, whichever comes first. Your limited license to Virtual Items for use in FunGaming games is a service provided by FunGaming that starts when we accept your payment or redemption of third party virtual currency. When you get a limited license to use Virtual Items, they will reside in your Account until discharged through use of the Service or otherwise surrendered as a result of termination of the Services in accordance with these Terms. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an Account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Virtual Items and/or other content are final. If your Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 96 hours from time of purchase will be honored according only in accordance to our payment policy. Other than charges to your Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method. You acknowledge that FunGaming is not required to provide a refund for any other 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, or whether you made a payment through FunGaming.com, applications stores or another platform such as but not limited to Apple, Google, Facebook, or any other sites or platforms where we offer our Services. All Virtual Items are forfeited by You if your Account is terminated or suspended for any reason, in FunGaming's sole and absolute discretion, or if the Service is no longer available. If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your Account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.

8. RULES OF CONDUCT AND USAGE

You represent and warrant that you have full right and authority to use the Service and to be bound by the FunGaming’s Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the FunGaming’s Terms, including without limitation, the Infractions Terms located at: https://fungaming.tumblr.com/.

You undertake that you shall not defraud, or attempt to defraud, FunGaming or other users, and that you shall not act in bad faith in your use of the Service. If FunGaming determines that you do act in bad faith in violation of the FunGaming’s Terms, or if FunGaming determines that your actions fall outside of reasonable community standards, FunGaming may, at its sole discretion, terminate your Account and prohibit you from using the Service.

You agree that your use of the Service shall be lawful and that you will comply with the usage rules and Infractions Terms. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:

Create an Account or access the Service if do not meet the Age Guidelines;

Upload, post, transmit or otherwise disseminate material or information that is vulgar, violent, indecent, obscene, pornographic, sexual contains nudity, excessive violence or that is, in a reasonable person's view, otherwise offensive or objectionable subject matter or that contains a link to such content;

Libel, ridicule, defame, mock, disparage, stalk, intimidate, threaten, harass, harm, advocate, incite harassment, or abuse another person, group, FunGaming’s employees, including FunGaming’s customer service representatives, hatefully, racially, religiously, ethnically or in any other manner;

Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, RATs, keyboard loggers, spyware, adware, or any other malicious or invasive code or program, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;

Advertise, solicit or transmit any commercial advertisements or unauthorized communications through the Service, including chain letters, junk e-mail or repetitive messages (spim or spam) and any materials that promote malware, spyware and downloadable items to anyone;

Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);

Create false personas, multiple identities, multiple user accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate the FunGaming’s Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed;

Attempt to obtain or reveal passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, financial information or any information that may be sued to track, contact or impersonate another individual, including without limitation, other users and FunGaming’s employees;

Upload or transmit (or attempt to upload or to transmit), without FunGaming’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");

Improperly use support channels to make false reports to FunGaming or using profane and abusive language in your communications with our support personnel;

Use the Service in order to design, assist, develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, hacks, mods or any other unauthorized third party software designed to allow the user to cheat or obtain an unintended advantage while using the Services or modify or interfere with the Service or any FunGaming game experience, including, without limitation, enabling unauthorized activity related to Users’ balances;

Exploit, distribute or publicly inform other members of any game error, miscue, bug or technical malfunction which gives an unintended advantage, including but not limited to accessing one-time promotions more than once;

Deal with Virtual Items in a manner that violates these Terms, including transferring Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;

Rent, lease, sell, trade, gift, bequeath or otherwise transfer or share your Account to anyone without FunGaming’s written permission;

Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without FunGaming’s written permission;

Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;

Use the Service, intentionally or unintentionally, in connection with any violation of any applicable laws or regulations, or encourage or promote the violation of any applicable law or regulation or any illegal activity including, but not limited to, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;

Attempt to use the Service on or through any service that is not authorized by FunGaming. Any such use is at your own risk and may subject you to additional or different terms. FunGaming takes no responsibility for your use of the Service through any service that is not authorized by it;

Collect, harvest, post or communicate any person's real-world personal information or private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;

Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service;

Interfere with the ability of others to enjoy using the Service or any FunGaming game, including disrupt, overburden, assist or aid in the disruption or overburdening of any computer or server used to offer or support the Service or any FunGaming game environment, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users;

Engage in any act that FunGaming deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating the FunGaming’s Terms, our game rules, game mechanics or policies;

Without FunGaming’s express written consent, modify or cause to be modified any files, codes, or any other component which is part of the Service;

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 FunGaming, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;

Use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;

Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;

Use any unauthorized third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about FunGaming game characters, elements, or environment. FunGaming may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;

Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

Bypass any robot exclusion headers or other measures we employ to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;

Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (ii) any connection using programs, tools, or software not expressly approved by FunGaming;

Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by FunGaming;

Copy, modify or distribute rights or content from any FunGaming site or game, or FunGaming’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms;

Solicit or attempt to solicit personal information from other users of the Service;

Use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service and User Content; or

Copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code.

Use any automatic machine to operate FunGaming Client Software or use any other FunGaming software, other than the FunGaming Client Software.

Use the FunGaming Server API with any software other than the FunGaming Client Software.

Any use of the Service in violation of these Rules of Conduct and Usage is strictly prohibited, may result in the immediate revocation of your limited license granted hereunder and termination of your Account in FunGaming’s sole discretion; and may subject you to any criminal and financial liability for violation of criminal and civil laws.

9. INTELLECTUAL PROPERTY (IP) OWNERSHIP

FunGaming retains all rights in the Service materials (including, but not limited to, any games, applications, software, titles, computer code, themes, objects, characters, character names, animations, stories, dialogue, catch phrases, concepts, artwork, designs, graphics, fonts, texts, information, pictures, video, sound, music, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, any correspondence with FunGaming, character profile information, personalized avatar, recordings of games played and other files, and their selection and arrangement) (collectively, “Service Materials”) and any patents, trademarks, designs, trade dress, brands, service marks and any other Intellectual property rights whether registered or not (“IPR”) used in relation to or with the Service and are owned or licensed by FunGaming.

You may only use the Service Materials and IPR in connection with your use of the Services for personal, noncommercial, entertainment purposes only. The Service Materials or IPR may not be used, including any derivative use, by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. Permitted use of trademarks, shall be in accordance with FunGaming Trademark Guidelines.

You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.

If you breach these Terms, or any of our other terms that apply to you, we may take action against you, up to and including terminating your account. In addition, you may be breaking the law, including breaches or violations of FunGaming’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY FUNGAMING GAME, IS A BREACH OF FUNGAMING POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

10. COPYRIGHT NOTICES

FunGaming responds to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent applicable local laws, respects the intellectual property of others, and we ask our users to do the same. If you are the owner of a copyright and you believe that your work has been copied in the Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located in the Services (examples: game or feature or level);

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: FunGaming Ltd. By email: IP (at) FunGaming.com

FunGaming’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local laws that may apply. FunGaming reserves the right to terminate without notice any user's access to the Service if that user is determined by FunGaming, in its sole discretion, to be a "repeat infringer”. We do not have to notify the player before we do this. In addition, FunGaming accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials as long as the FunGaming CISO approves that such technical measures don’t produce any cyber security threat.

11. PROMOTIONS, CONTESTS, SWEEPSTAKES AND OFFERS

From time to time, we may offer limited time promotions, contests, sweepstakes and special offers (“Promotion”). Please review the official rules associated with such promotions located at http://www.FunGaming.com/ and any other Terms and Conditions that apply to such Promotion. They will apply in addition to these Terms.

In addition, from time to time, we may promote features, programs, including offers, excursions, and special gifts, both digital and tactile, that FunGaming may offer from time to time to all or to certain eligible players (“Offers”). We are not required to give, and players are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept an Offer you also assume all liability associated with the Offer. Sometimes, we may request your feedback on certain features through a promotion or our customer insights program. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. All Offers are governed by the official rules located at http://www.FunGaming.com , unless different official rules were provided and published by FunGaming for any specific Offer.

You hereby agree and acknowledge that the acceptance of any Offer or participation in any promotion, constitutes your consent to FunGaming’s use of your name, likeness, photograph, voice, opinions, hometown, state and/or province for FunGaming’s purposes, at its sole discretion in any media, worldwide, without further payment or consideration.

12. THIRD PARTY WEBSITES AND ADVERTISING

You understand that the Service and FunGaming games may feature advertisements from FunGaming or third parties. FunGaming's disclosure of information for third party advertising is addressed in FunGaming’s Privacy Policy, as set forth below. FunGaming may provide links in our games or on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving some feature of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. FunGaming makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service or games, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of FunGaming and may collect data or solicit personal information from you, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. FunGaming is not responsible for their content, business practices or privacy policies, or for the collection, use, share or disclosure of any information those sites may collect from you. Your relationship with that other company will control how it can use, store, and share your information. Further, the inclusion of any link does not imply endorsement by FunGaming of these linked sites. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Services, you acknowledge and agree that we have not reviewed all the web sites linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.

13. PRIVACY POLICY & FUNGAMING REWARDS RULES

Use of the Service is also governed by FunGaming's Privacy Policy, which is incorporated herein by reference http://www.FunGaming.com/privacy-policy#. Your privacy is important to us. We designed FunGaming's Privacy Policy to make important disclosures about how we collect and use your content and information about you and your computer or mobile device, and how you can use the Service to share such information with others. In addition, by accessing and using our Services you agree to be part of our FunGaming Rewards loyalty program and be bound by the FunGaming Rewards Rules, which can be found at https://www.FunGaming.com/rules/ .We encourage you to read the FunGaming’s Privacy Policy and the FunGaming Rewards Rules carefully and use it to make informed decisions. By creating an Account or accessing or using the Service you accept and agree to be bound by these Terms, become a member of our FunGaming Rewards loyalty program, and consent to the collection, use and storage of your information as outlined in FunGaming’s Privacy Policy. In addition to the information we collect as described above and in FunGaming’s Privacy Policy, the games offered through the Services may include information related to your game play and your level in the game and such information may be visible to other Users (for example, in World Series of Poker, your best hand may be visible to other players). If you don’t agree with our Terms, Privacy Policy or FunGaming Rewards Rules, then you must stop using the Services.

14. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

By accessing, using or downloading the Services you acknowledge and agree that your use of the Service, in whole and in part (including, without limitation, all content, and user materials), shall be at your sole risk and is provided on an "as is" basis. To the fullest extent permitted by law, FunGaming, affiliates or subsidiaries, or any of their its officers, directors, employees, contractors, partners and agents disclaim all warranties, conditions or other terms of any kind, either explicit or implied, in connection with the Service and your use thereof, including, but not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. FunGaming makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service or that the Service will be uninterrupted or error-free and assume no liability or responsibility for any:

(i) Errors, defects, mistakes, or inaccuracies of content; (ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) Any unauthorized access to or use of FunGaming’s secure servers and/or any and all personal information and/or financial information stored therein; (iv) Any interruption or cessation of transmission to or from the Service; (v) Any bugs, viruses, harmful components, trojan horses, or the like which may be transmitted to or through the Service by any third party; (vi) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; (vii) Human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Services; (viii) Quality, accuracy, completeness and validity of any information or materials in connection with the Services; or (ix) The Services will meet your requirements or that transmissions or data will be secure.

In case of a malfunction or disruption of the Services that prevents you from completing a game in which you have begun to participate, FunGaming may allow users to participate again in a game until the participation is complete. FunGaming reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. FunGaming also reserves the right to limit your game play or terminate your participation in the Services should FunGaming determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. FunGaming is not liable for any potential winnings or other lost opportunity from any unfinished game or a game malfunction or error of any kind. In the event of such error or malfunction, FunGaming may in its sole discretion, adjust the amount of credits or coins due to such error or malfunction. The games offered through the Services do not replicate the odds of winning or the payouts of similar games found in casinos.

By accessing or using the Services, you agree that FunGaming is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled.

In no event will FunGaming, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, be liable to you or any third party for: (i) any special, direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever or any other losses, costs, or expenses of any kind including any lost profits, loss data or goodwill, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the Service or other materials or content on, accessed through or downloaded from the Service, or browsing of the Services or through your downloading of any materials, data, text, images, video or audio from the Services; or (ii) for the conduct of third parties, including other users of the Service and operators of external sites. The risk of using the Service and external sites rests entirely with you as does the risk of injury from the Service and external sites. The disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Service under any cause or action whatsoever of any jurisdiction, whether based on warranty, breach of contract, tort (including negligence), or any other legal theory, and whether or not FunGaming has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that FunGaming shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party, including other users of the Service and operators of external sites and that the risk of harm or damage from the foregoing rests entirely with you.

To the fullest extent permissible under applicable laws, under no circumstances will FunGaming, its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees be liable to you for more than the amount you have paid FunGaming in the ninety days (90) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid FunGaming any amounts in the ninety days (90) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with FunGaming is to stop using the Service and to cancel your account.

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this Section may not apply to you. In particular, nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of FunGaming. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold FunGaming, and each of its affiliates or subsidiaries, or any of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:

(i) Your use or misuse of and access to the Service; (ii) Your violation of any term of the FunGaming’s Terms; (iii) Your breach of the representations, warranties, and covenants made herein; (iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (v) Any claim that a user submissions made by you has caused damage to a third party; or (vi) Any User Content you post or share on or through the Service.

FunGaming reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FunGaming, and you agree to cooperate with FunGaming’s defense of these claims. FunGaming will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph and Section 15 below will survive any termination of your Account(s) or of the Service.

15. DISPUTE RESOLUTION, GOVERNING LAWS AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND FUNGAMING TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND FUNGAMING CAN SEEK RELIEF FROM EACH OTHER.

By agreeing to these Terms, you and FunGaming agree that any and all disputes, claims or causes of action between you and FunGaming arising out of or relating to these Terms, the Service, the formation of these Terms or any other dispute between you and FunGaming or any of FunGaming’s licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Service is accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and FunGaming further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.

“Country of Residence” for purposes of this Section 15 means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Service. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.

(a) Governing Law.

(a.1) If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the State of Israel without regard to conflict- or choice-of-law principles. The agreement to arbitrate contained in this Section 15, its scope and its enforcement shall also be governed by the United States Federal Arbitration Act without regard to conflict- or choice-of-law principles.

(a.2) If your Country of Residence is not the United States, these Terms, including the arbitration agreement contained in this Section 15, will be interpreted in accordance with the laws of the State of Israel without regard to conflict- or choice-of-law principles.

(b) Informal Dispute Resolution. FunGaming wants to address your concerns without needing a formal legal case. Before filing a claim against FunGaming, you agree to try to resolve the Dispute informally by contacting [email protected]. Similarly, FunGaming will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 15 days after the email noting the Dispute is sent, you or FunGaming may initiate an arbitration proceeding as described below.

(c) We Both Agree To Arbitrate. By agreeing to these Terms, you and FunGaming each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.

(d) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Service, but you and FunGaming will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.

(e) Arbitration Procedures and Fees.

(e.1) If your Country of Residence is the United States, you and FunGaming agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and FunGaming further agree that the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees. If the value of your claim does not exceed $10,000, FunGaming will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. Notwithstanding any provision of the AAA Rules, any dispute over the formation, enforceability, validity or severability of any provision of this Section 15 shall be resolved by a court and not be a subject of the arbitration.

(e.2) If your Country of Residence is not the United States, you and FunGaming agree that the International Centre for Dispute Resolution (“ICDR”) will administer the arbitration, which shall be conducted in accordance with the IDCR’s arbitration rules in effect at the time arbitration is sought. Those rules are available at https://www.icdr.org/. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and FunGaming further agree that the arbitration will be held in any of Toronto (Canada), Singapore, London (England) or Tel Aviv (Israel), at your election, or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The ICDR rules will govern payment of all arbitration fees. If the value of your claim does not exceed $10,000, FunGaming will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

(f) Arbitration Shall Proceed Individually. Regardless of your County of Residence or the rules of a given arbitration forum, you and FunGaming agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor FunGaming may bring a claim as a plaintiff or a class member in a class, group, consolidated or representative action. You and FunGaming agree that class or group arbitrations, class actions and consolidation with other arbitrations are not agreed to and not allowed under this agreement.

(g) Exceptions to Agreement to Arbitrate. Notwithstanding your and FunGaming’s agreement to arbitrate Disputes, either you or FunGaming may bring a lawsuit in a court of law asserting causes of action which seek only injunctive relief (not monetary relief) to stop unauthorized use or abuse of the Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. Additionally:

(g.1) If your Country of Residence is the United States, notwithstanding your and FunGaming’s agreement to arbitrate Disputes, either you or FunGaming may also assert claims, if they qualify, in small claims court in any United States county where you live or work.

(h) Judicial Forum for Disputes.

(h.1) If your Country of Residence is the United States and except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and FunGaming agree that any judicial proceeding (other than small claims actions) may only be brought in the federal or state courts of New York, New York, Borough of Manhattan. Both you and FunGaming consent to venue and personal jurisdiction there.

(h.2) If your Country of Residence is not the United States, and except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and FunGaming agree that any judicial proceeding (other than as described above) may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel. Both you and FunGaming consent to venue and personal jurisdiction there.

16. GENERAL

You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree FunGaming cannot be held liable if laws applicable to you restrict or prohibit your participation. FunGaming makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with FunGaming have authority to make any such representations or warranties. FunGaming reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.

The FunGaming’s Terms constitute the entire agreement between you and FunGaming relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us. Nothing in this subsection will prevent FunGaming from modifying the FunGaming’s Terms.

You and FunGaming agree that if any portion of the FunGaming’s Terms 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 FunGaming’s Terms, which shall continue to be in full force and effect.

FunGaming may assign or delegate the FunGaming’s Terms, 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 FunGaming’s Terms without FunGaming’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

The failure of FunGaming to require or enforce strict performance by you of any provision of the FunGaming’s Terms or failure to exercise any right under them shall not be construed as a waiver or relinquishment of FunGaming's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by FunGaming of any provision, condition, or requirement of the FunGaming’s Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by FunGaming shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of FunGaming.

You acknowledge that the rights granted and obligations made under the FunGaming’s Terms to FunGaming are of a unique and irreplaceable nature, the loss of which shall irreparably harm FunGaming and which cannot be replaced by monetary damages alone. Accordingly, FunGaming shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any FunGaming game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section “Limitation of Liability” set forth above (if any).

The headings titles in these Terms are provided solely for convenience and have no legal or contractual significance.

FunGaming shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FunGaming, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond FunGaming’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

We may notify you via postings on www.FunGaming.com, and 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 the FunGaming’s Terms shall be in writing and addressed to: FunGaming Ltd., Any notices that you provide without compliance with this Section on Notices shall have no legal effect. If you have any questions regarding the FunGaming’s Terms, you may contact us to the following address:[email protected] or submit a ticket via the applicable support channel of the game.

Effective as of 1st of March 2019

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fungaming · 6 years ago

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This Privacy Policy will be effective from March 1, 2019.

Introduction

FunGaming develops and publishes social games for the web and mobile devices (the “Service”). In this Privacy Policy, “FunGaming” refers to FunGaming Ltd. and its “Affiliates”, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to FunGaming as "we" or "us".

FunGaming is committed to protecting the privacy of its users and provide them a better social gaming experience ("users" or "you"). This Privacy Policy has been created to inform you about how FunGaming manages, collects, stores, shares, uses and protects the information you provide in connection with any Fun Gaming or application whenever you play our games or otherwise access any of our Services, products, content, Fungaming.tumblr.com and/or the other domains provided by FunGaming.

This Privacy Policy applies whenever you play our games or otherwise access any of our other products, services, content, Fungaming.tumblr.com and/or the other domains provided by FunGaming, together referred to as “Services.” This Privacy Policy describes:

1. what information we collect, how we collect it

2. how we use that information and with whom we share it

3. how you can access and update that information and means of communications

4. how do we protect children privacy

5. how we protect the information we store and share about you

By using the Service, you agree to the collection, disclosure, storage and use of your information as outlined in this Privacy Policy. If you do not want FunGaming to collect, store, use or share your information in the ways described in this Privacy Policy, you should not play Fungaming Slots or use our Services. FunGaming may amend the Privacy Policy from time to time, and FunGaming encourages you to consult the Privacy Policy regularly for changes.

We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by "opting in" to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis.

To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personal information on one of our sites.

Users in certain jurisdictions have a right to access personal information held about themselves. Your right of access can be exercised in accordance with applicable law.

1. Information We Collect and How We Collect It

FunGaming only collects Personal Information to the extent necessary to fulfil one or more of its functions and activities, and will do so only by fair and reasonable means. Generally we will collect Personal Information directly from the individual to whom the Personal Information relates, but in some circumstances (including as outlined below), it may be necessary for us to collect information from a third party source.

1. Information About You That We Get from Third-Party Applications, Including Social Networks (like Facebook)

If you play Fungaming Slots or access any of our other Services on connected third-party applications or connect our Services to any third-party applications, including social networks like Facebook, FunGaming may receive certain information about you from the provider of the third-party application. The information we receive depends on the Fun Gaming you’re playing, the third-party application, your privacy settings and, if applicable, your friends’ privacy settings on that third-party application.

For example, FunGaming may collect and store some or all of the following information shared by the provider of the connected third-party application:

your first and last name;

your profile picture or its URL;

your user ID number (like your Facebook ID number), which may be linked to publicly-available information like your name and profile photo;

the user ID number and other public data of your friends;

the login e-mail you provided to that third-party application when you registered with it;

your physical location and that of the devices you use to access our Services;

your gender;

your birthday and/or age range;

information about your activities on or through the connected third-party application;

other publicly-available information on the third-party application; and/or

any other information that you or the provider of the third-party application share with FunGaming.

If you access our Services from a third-party application or connect our Services to a third-party application, you should also read that third-party application’s Terms of Service and Privacy Policy.

If you are unclear about what information a third-party application is sharing with us, please go to the third-party application to find out more about their privacy practices.

2. Cookies and Automated Information Collection

Like many websites, FunGaming and service providers acting on our behalf, like Google Analytics, store log files and use tracking technologies such as "cookies" to collect information. A cookie is a small data file that is transferred to your computer’s hard disk or your mobile device for record-keeping purposes. The Service may send cookies to a computer or a mobile device when a user accesses or views a Service. Information contained in a cookie may be linked to personal information for purposes such as improving the quality of Fun Gaming Service, tailoring recommendations to interests, and making the Service easier to use.

Third party advertisers on the Services may also use, place or read cookies or other technologies as described below on your browser, and those practices are subject to their own policies. Cookies can be disabled at any time by changing your web browser’s options to stop accepting cookies, to prompt you before accepting a cookie from the websites you visit or limit the type of cookies you allow. Flash cookies operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. If you do not accept cookies, however, you may not be able to use all features, portions or functionalities of the Service.

We and our service providers may also employ other technologies including (i) web beacons, which allow us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow us or our advertising partners to advertise more efficiently and effectively by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (iii) local shared objects also known as flash cookies, which help us to reduce fraud, remember your in-game preferences and speed up load times.

We and our service providers use these log files, tags, and tracking technologies to collect and analyze certain kinds of technical information, including:

the type of device you are using;

your operating system version;

your mobile device’s identifiers, like your MAC Address, Identifier For Advertising (IDFA), and/or International Mobile Equipment Identity (IMEI);

your browser types;

your browser language;

referring and exit pages, and URLs;

platform type;

the number of clicks on a page or feature;

domain names;

landing pages;

pages viewed and the order of those pages;

the amount of time spent on particular pages; and

game state and the date and time of activity on our websites or games.

In some cases, we will connect this information with your social network ID or FunGaming user ID.

For more information on how to limit the types of cookies you allow, please see Opting out of Cookie Tracking section.

3. Information About You That You Share With Us Directly

When you use our Services (whether through a social network or through FunGaming directly), you may give us information directly (like when you’re setting up your account) and we will store that on our systems and use it for the purposes described in this Privacy Policy.

Some games or parts of our Services may use a more traditional registration or account set-up process where you may be asked to give us some or all of the following information:

your age or birthday;

your first and last names;

your e-mail address;

a password;

other information that helps us make sure it’s you accessing your account or helps us improve our services (such as answers to an online survey or a feedback form).

We may also let you create a player profile, separate from your social networking site profile (for example, your Facebook profile), that other FunGaming players can see. Your player profile may include information like:

a profile photo;

game username(s);

your gender;

biographic details (like your age or age range);

approximate location information that you provide;

links to your profiles on various social network; and

details about the games you play;

4. Information You Generate Using Our Communications Features

Except for games designed for children under 13, you may be able to take part in certain activities on our Service that let you communicate or share information not just with FunGaming, but also with other FunGaming players. These include:

participating in player forums and message boards;

posting public comments to other players’ profiles or gameboards;

sending private messages or invitations to other players, either directly on our websites or to their e-mail accounts;

chatting with other players; and/or

posting photos or drawings.

You acknowledge and expressly agree that we may access in real-time, record and/or store archives of these communications, comments, photos and drawings on Fun Gaming servers to make use of them to protect the safety and well-being of our players and Fun Gaming rights and property in connection with our Services; to conduct research; to operate, improve, personalize and optimize our Services and our players’ experiences, including through the use of analytics; and to manage and deliver contextual advertising.

5. Payment Information

FunGaming may obtain the billing and payment information that you provide when your purchase is processed by someone else (like Facebook, Apple or Google) such as when you purchase something in a game you play on a social network or that you downloaded on your mobile device. Our Terms of Service explain our policies and terms relevant to our charges, billing practices, third-party credits and virtual currencies.

If you purchase virtual currency or virtual items in a Fun Gaming, our third-party payment processor will collect the billing and financial information it needs to process your charges. This may include your postal address, e-mail address and financial information.

FunGaming does not collect or store your financial information, like credit card numbers. However, Fun Gaming payment processors may share non-financial information with us related to your purchases, like your name, billing address and the items purchased in order to fulfill your order.

6. Message Boards and Chat Rooms

You may be able to take part in certain activities on our websites or games that give you the opportunity to communicate or share information not just with FunGaming, but also with other users of our Service. Note that certain information you post and communicate through a Service or a third party site or service is public information for which you have no expectation of privacy.

You may choose to disclose information about yourself in the course of contributing user generated content to FunGaming sites or Services or in its chat rooms, blogs, message boards, user “profiles” for public view or in similar forums on its sites through mobile services and/or through third party sites or services, posting public comments to other users' profiles or gameboards, sending private messages or invitations to other users, either directly on our websites or to their e-mail accounts and posting photos. Information that you disclose in any of these forums is public information, and there is no expectation of privacy or confidentiality.

You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. FunGaming is not responsible for the personally identifiable information you choose to make public in any of these forums. We may also record and store archives of these communications on Fun Gaming servers to protect the safety and wellbeing of our users and Fun Gaming rights and property in connection with the Service. You acknowledge and consent to the recording and storage of such communications for these purposes.

If you post a video, image or photo through a Service for public view, you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. FunGaming is not responsible for the videos, images or photos that you choose to post through a Service. Please see Fun Gaming Terms of Service on this point and for other guidelines about posting content through any Service.

7. Customer Support Correspondence

Except as provided herein, when you ask for help from our Customer Support team, we will collect and store the contact information you give them (generally, your name and e-mail address), information about your game play or activity on our Services, and your FunGaming player and/or social network ID number. We will also store the communications you have with the Customer Service team and any information in those communications in order to provide support and improve the Services. For users of our games designed for children under 13, we will use your contact information for the sole purpose of providing a one-time response to your question. We will then delete your information from our servers.

8. Other Sources

We may collect or receive information about you from other sources like third-party information providers. We use this information along with information you provide us directly, for example, to help you and your friends connect or to serve you advertising more tailored to your interests.

If you would like to learn more about how we secure your information, please see Security of Your Information section below.

2. How We Use the Information We Collect and With Whom We Share It

1. How We Use Your Information

The main use of the information we collect, and store is to provide a better gaming experience, but there are other uses as well. The uses for which we collect and store your information include:

to create your game accounts and allow you to play our games;

to operate, improve and optimize our Services and our players’ experiences;

to identify and suggest connections with other FunGaming players and personalize our Services to you;

to enable players to communicate with each other;

to provide technical support and respond to player inquiries;

to protect the safety and well-being of our players;

to protect Fun Gaming rights and property in connection with our Services;

to prevent fraud or potentially illegal activities, and to enforce our Terms of Service;

to manage and deliver contextual and behavioral advertising;

to notify players of in-game updates, new products or promotional offers;

to administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by us or our business partners;

to comply with our legal obligations, resolve any disputes we may have with you or other players, and to enforce our agreements with third parties; and

to conduct research.

One important use of your information is communication. If you have provided your e-mail address to FunGaming, we will use it to respond to customer support inquiries, and keep you informed of your in-game activity, including comments from friends, let you know about in-game status and promotions as well as tell you about gift and neighbor requests. Some messages, like invites for friends to join you in a game, may include your name and profile photo. We may also send promotional e-mail messages and promotional SMS messages (e.g. text messages) ("Promotional Communications") directly or in partnership with other parties, in accordance with your marketing preferences. Each Promotional Communication will offer you choices about receiving additional messages. Receipt of such communications depends on FunGaming having certain contact information from you. If you play one of our games designed for children under 13, you will not be able to provide us with certain contact information. Please see the section on Our Policies Concerning Children for more information.

2. How We Share Your Information

We may disclose or publish aggregated information (information about you and other players collectively that is not intended to specifically identify you, for example, players between the ages of 25 and 30 who live Chicago) and other non-personal information about our players for industry analysis, demographic profiling, marketing, analytics, advertising, and other business purposes. In addition, we may share your information (which may include personal information) with third parties (in other words, parties other than FunGaming) or allow third parties to collect this information from our Services in the following circumstances:

3. Your Consent

With your consent, we may share your information with third parties or allow them to collect your information from our Services in some ways not specifically described in this Privacy Policy.

4. Aggregated and Analytical Information

We use anonymous, statistical or aggregated information and may share it with our partners for legitimate business purposes. It has no effect on your privacy, because there is no reasonable way to extract data from the aggregated information that can be associated with you. We will share your identifiable information only subject to the terms of this policy, or subject to your prior consent.

5. Friends and Other FunGaming Players

The Service supports and often encourages you to interact with other players. In most Fun Gamings, if you play through a social network or register through a social network (for example, Facebook Connect), your social network friends will see your name, profile photo and descriptions of your game activity. Similarly, in many Fun Gamings, other players, regardless of whether they are your social network friends or not, will be able to see descriptions of your game activity (including the identification of any Fun Gamings you have played), communicate with you within our Services, and view your game profile, which may include your name or a “game name” and your profile photo. For example, in FunGaming Poker, any other player may see your game profile if you are playing at the same table. In certain cases, your profile photo can reveal your social network ID or FunGaming player ID, and access to a social network ID or FunGaming player ID may allow others to view the public information associated with your related social network profile or FunGaming account. Other players may also be able to send you game requests or even friend requests through the related social network’s or Fun Gaming communication channels.

6. Third-Party Advertising Including Tailored Advertising and Analytics

We have advertising on our Services so we can continue to offer many of our Services for free.

We do not actively share personal information with third-party advertisers for their direct marketing purposes unless you give us your consent.

When advertisers or ad networks place ads in our Services, they may collect or we may share the following types of information from within our Services:

performance data (like the number of clicks on an advertisement);

aggregated and/or de-identified information about you and other players collectively that is not intended to specifically identify you (like players between the ages of 21 and 25 who live San Francisco);

certain technical information (for example, IP addresses, non-persistent device identifiers such as IDFAs, and de-identified persistent device identifiers such as a hashed Android ID);

your social network ID;

and other contextual data about your game play (for example, your level and session length).

The information collected may be used to:

measure how effective ads are, to offer you targeted advertising in order to personalize your experience by showing you advertisements for products and services that are more likely to appeal to you (a practice known as behavioral advertising), and/or

undertake web analytics (like Google Analytics which is used to analyze traffic and other player activity to improve your experience).

Advertisers or ad networks may collect this information through the use of tracking technologies like browser cookies and web beacons, and they may use a single tracking technology or multiple tracking technologies at the same time.

Please note, after clicking on a third party advertisement, you may no longer be on a site hosted by FunGaming or the social network through which you are playing Fungaming Slots.

If you do not want to receive tailored in-application advertisements from third parties, please see How to Access, Update and Manage Your Information. Please note that no tailored advertisements will be delivered for Fun Gamings designed for children under 13, though FunGaming may allow contextual advertisements to be displayed.

7. Third-Party Service Providers

We will share your information with third-party companies to perform services on our behalf, like processing payments, analyzing data, optimizing game play, e-mail delivery, hosting services, customer service and to help us in our marketing efforts, including managing and delivering contextual and tailored advertisements. We contractually require these third-party service providers to maintain the confidentiality of the information we share with them, and we contractually require them not use your information for anything other than to provide services on our behalf.

8. Sale or Merger

In the event that FunGaming undergoes a business transition (including proposed transactions), like a merger, acquisition by another company, or sale of all or part its assets (like selling a game), we may disclose or transfer all of your information, including personal information, to the successor organization in the transition. We will make reasonable efforts to let you and other players know (in the way described in Changes to Our Privacy Policy) of the business transition before transferring your personal information.

3. How to Access, Update and Manage Your Information and Means of Communication

1. Accessing and Updating Your Information Held by FunGaming

If you want to review, delete, or change the information FunGaming has about you or have additional questions, contact us at GDPR Information center , and we will respond to your request within thirty days. For exercising your GDPR rights you can open a request in the FunGaming Privacy Portal

2. Stopping Use of Your Information

If you no longer want FunGaming to make active use of your information, you may send an e-mail to [email protected] Place "Delete My Account" in the subject line and include your first name, last name, e-mail address and your social network ID for the social network from which you access our Services (if applicable) in the body of the e-mail (for example, your Facebook user ID). We will respond to your request within thirty days. Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have sent content through or posted content on the Service, we may not be able to delete it.

3. Manage Information We get from a Third-Party Application

To manage the information FunGaming receives about you from a third-party application where you play our games, like Facebook, you will need to follow the instructions for the third-party application for updating your information and changing your privacy settings. The privacy management tools for applications on Facebook can be found here. To review and update information associated with your Fun Gaming profile in certain games, visit the “settings” page in that game. You also can manage some aspects of information collection and use by visiting the “settings” page of your mobile device and reviewing the permissions of each application or “app.”

Once FunGaming receives your information from a third-party application or your mobile device, that information is stored and used by FunGaming in accordance with this Privacy Policy. You may access and update that information as described below.

4. Opting Out of Geolocation

If you have previously allowed us to access your geolocation data, you can stop making geolocation available to us by visiting your mobile device's settings for the relevant application or the “settings” page for the relevant game.

5. Opting Out of Promotional Emails from FunGaming

If you want to stop receiving promotional e-mails from FunGaming, click on the "unsubscribe" link in any promotional email from FunGaming or visit the e-mail preference . Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective. Your unsubscribe or e-mail preference change will be processed promptly, and in no event longer than ten business days.

6. Opting from FB messages

If you want to stop receiving messages through our game pages, you may click on the “settings” icon on the top of such message, and by clicking ”manage messages” you may turn off all messages from such game.

7. Opting Out of Other Communications

When you install our apps on your mobile device you can choose to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.

In most of our games, you may find under “your account” or Settings” section an option to stop e-mail or other notifications.

8. Opting Out of Third-Party Tailored Advertising

If you are interested in more information about tailored advertising and your choices to prevent third parties from delivering tailored web and mobile web advertising you may visit the following websites:

Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance Opt-Out Page for U.S.-based advertising; and

Your Online Choices UK website for EU-based advertising.

These opt-out tools are provided by third parties, not FunGaming. FunGaming does not control or operate these tools or the choices that advertisers and others provide through these tools.

In addition, if you do not want to receive tailored in-application advertisements from third parties that relate to your interests in apps on your mobile device, you may opt- out by adjusting the ad tracking settings on your device. You can also reset the “Advertising Identifier” (like an IDFA) from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to the previous “Advertising Identifier.” Further, depending on the platform provider (such as Apple or Google), you may be able to download apps, such as the Digital Advertising Alliance’s “AppChoices” app, that offer to provide you with control regarding the collection and use of cross-app data for tailored advertising. Like the opt-out tools mentioned above for web, these mobile opt-out tools are provided by third parties, not FunGaming. FunGaming does not control or operate these tools or the choices that advertisers and others provide through these tools.

Please note that you may still receive advertisements from third parties within Fungaming Slots even if you opt out of tailored advertising but they will not be based on your activity across unrelated web sites or apps.

9. Opting Out of Cookie Tracking

You can set your web browser to warn you about attempts to place cookies on your computer or limit the type of cookies you allow. Flash cookies operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. To learn more about and manage flash cookies you can visit the Adobe website and make changes at the Global Privacy Settings Panel.

If you disable cookies, you may lose some of the features and functionality of our Services because FunGaming cookies are necessary to track and enhance your game activities.

10. California Online Privacy Protection Act Notice

At this time, there is no general agreement on how companies like FunGaming should interpret Do Not Track signals. FunGaming does not currently respond to Do Not Track signals, whether that signal is received on a computer or on a mobile device. You can learn more about Do Not Track.

4. Children Policy

1. Policy Regarding Persons Under 21

Unless written otherwise, our games are intended for use by those 21 or older for amusement purposes only. Without derogating from the foregoing, FunGaming does not knowingly collect personal information from children under the age of 18. Children under the age of 18 should not use our websites or games at any time. If FunGaming learns that a person under the age of 18 has provided it with personal information, FunGaming will take reasonable steps to delete such information as soon as possible.

2. Policy Regarding Board kings, Pirate Kings and Monster Blasters Games

Games offered by Fun Games Ltd. (Company within FunGaming group) are intended for use by those 13 or older for amusement purposes only. Without derogating from the foregoing, Jelly Button games does not knowingly collect personal information from children under the age of 13. Children under the age of 13 should not use our websites or games at any time. If Jelly Button learns that a person under the age of 13 has provided it with personal information, Jelly Button will take reasonable steps to delete such information as soon as possible. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:

Limiting our collection of personal information from children to no more than is reasonably necessary to participate in an online activity.

Giving parents access or the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted

5. how we protect the information we store and share about you.

1. Security of Your Information

FunGaming has made reasonable technical and organizational measures designed to secure your information both online and offline from accidental loss and from unauthorized access, use, alteration or disclosure, and we are committed to the protection of customer information. We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.

When you sign into your FunGaming account or enter payment information, we or our third-party payment processor use secure socket layer technology ("SSL") to encrypt the transmission of that information. While we take reasonable precautions against possible security breaches of our Services and our customer databases and records, no website or Internet transmission is completely secure, and FunGaming cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur and that third parties will never be able to overcome those measures or use your personal information for improper purposes.

Also please note that email and messaging systems are not considered secure, so FunGaming discourages you from sending FunGaming personal information through these media. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If you access our Services through a social network and your social network account is hacked, this may lead to unauthorized play of your Fun Gamings without your permission. So, be careful to keep your Account Information secure.

Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have procedures and security features in place to try to prevent unauthorized access. If you have questions about the security of our websites, please submit a ticket via the applicable support channel of the game.

2. Safety, Security and Compliance with Law

Your information, and the contents of all of your online communications in our Services and between You and FunGaming may be accessed and monitored as needed to provide our Service and may be disclosed:

when we have a good faith belief that we have to disclose the information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, or legal process (for example, a court order, search warrant or subpoena);

to satisfy any laws or regulations that apply;

where we believe in our sole discretion that the Service is being used in committing a crime, including to report such criminal activity or to share information with other companies and organizations for the purposes of fraud protection, credit risk reduction, and other security precautions;

when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and

to protect the rights or property of FunGaming and other applicable third parties, including to enforce our Terms of Service.

3. International Operations and Transfers Out of the EEA

When you use Our Services, your data may be sent to the United States and possibly other countries.

As part of our international operations, we may transfer data to our Affiliates (which means subsidiaries, parent companies, joint ventures and other corporate entities under FunGaming group from time to time for our legitimate business purposes

We store information about players and visitors to our sites on servers located in the United States, and we may also store this information on servers and equipment in other countries. Personal data collected within the European Economic Area (“EEA”) may be transferred to, and stored at, a destination outside of the EEA.

The data we hold may also be processed by employees operating outside of the EEA who work for us or one of our Affiliates or for one of our vendors. This staff may be engaged in, among other things, (i) the processing of transactions and your payment details and (ii) the provision of support services. When we transfer your personal information internationally we will take reasonable steps to ensure that your personal information is treated securely, lawfully and in the manner we describe here. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.

If you are a resident in a jurisdiction, where transfer of your personal information to another jurisdiction requires your consent, then you provide us your express and unambiguous consent to such transfer for us to provide you with our services.

4. How Long We Keep Your Information

How long we retain your information depends on why we collected it and how we use it. We will not retain your personal information for longer than is necessary for our business purposes or for legal requirements. For instance, we may retain some information for a few years after you have closed your account with us if this is necessary to meet our legal obligations or to exercise, defend or establish legal rights.

5. Changes to Our Privacy Policy

If we decide to make material changes to our Privacy Policy, we will tell you and other players by placing a notice on Fungaming.tumblr.com or its equivalent in-game, or by sending you a notice to the e-mail address we have on file for you prior to the change becoming effective. We may supplement this process by placing notices on game blogs, social network pages, and/or forums and on other FunGaming websites. You should periodically check Fungaming.tumblr.com and this privacy page for updates.

6. Contact Us

For any questions, comments or concerns about our Privacy Policy or any other issue please contact FunGaming at: [email protected] or submit a ticket via the applicable support channel of the game. All notices given by you or required from you under this Privacy Policy shall be in writing and addressed to: FunGaming Ltd.,

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