Terms of Service for Fun and Games, LLC
Effective January 28, 2019
Last Amended January 28, 2019
References to “Fun and Games, LLC,” “F&G,” “we,” “our,” or “us” in these Terms of Service means Fun and Games, LLC, a California LLC, which you can reach here. In all cases, “Fun and Games, LLC,” “F&G,” “we,” “our,” or “us” includes employees, officers, and directors.
“Account” means an account you create when you access the Services.
“Rules” means the rules of conduct that govern your interaction with our Services and other players, which can be found here.
“Services” means our games, products, services, content, and other domains or websites operated by F&G.
“Terms of Service” or “Terms” means these terms of service.
“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-game text or video chat, and other content generated by you.
“Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and (b) virtual in-game items.
B. Your Acceptance of the Terms of Service:
Please carefully read these Terms, which affect your legal rights and obligations. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older (16 or older in the EU/EEA), (2) you understand and agree to these Terms of Service, (3) you are able to enter into a binding contract with F&G and (4), if you are under the age of 18, or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR MISREPRESENT YOUR CONSENT OR ABILITY TO CONSENT TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED. ANY FAILURE TO ABIDE BY THE TERMS OF SERVICE OR THE RULES MAY RESULT IN F&G TAKING ANY AND ALL ACTIONS NECESSARY TO SECURE ITS LEGAL RIGHTS AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO TERMINATING YOUR ACCESS TO THE SERVICE AND PURSUING OTHER LEGAL REMEDIES.
C. Changes to the Terms of Service:
D. Relationship to Other Agreements:
Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third party agreements (“Third Party Agreements”), such as agreements governing your download of or access to applications that are part of the Service by means of a third party website or source. In the case of any conflict between any Third Party Agreement and these Terms of Service with respect to F&G or any aspect of the Service, these Terms of Service will control.
E. Registration, User Data and Accounts:
You agree to supply F&G with accurate, complete, and up-to-date information, particularly your email address should we ask for it.
Don’t share your Account details with others or allow others to access or use your Account. We will treat all actions done on your Account as performed by you alone. You accept responsibility for all acts done using your Account, whether or not authorized by you, and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account.
If you become aware of any actual or suspected loss, fraud, or unauthorized use of your Account, please notify us immediately.
F. Rights to Use the Service:
The Services are comprised of works that are owned or licensed by F&G, and they are protected by copyright, trademark, trade dress, patent, and other intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.
So long as you abide by these Terms and any other rules, including the Rules, you may use the Services subject to these Terms, for your own non-commercial, entertainment purposes. You agree not to use the Services for any other purpose and agree that F&G will have no liability to you for any damage or loss arising from unauthorized uses.
If you breach these Terms, or any other terms that apply to you, we may take action against you, including terminating your account. In addition, you may be breaking the law, including breaches or violations of our 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 F&G GAME, IS A BREACH OF F&G POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Regardless of any other statement in these Terms, the Rules, or any other terms that apply to features you may use, you do not own any Account that you create on our Services, including in our games, and your Account is not your property. Similarly, you do not own any Virtual Items that you added to your Account through our Services, regardless of whether you “earned” those Virtual Items or “purchased” them. F&G gives you a limited license and right to use the Account you’ve created and the related Virtual Items while we offer the Services. Your Account and the Virtual Items contained therein are owned by F&G.
F&G reserves the right to terminate or otherwise remove any Account or associated information that has been inactive for 180 days or longer.
You are not allowed to transfer Virtual Items outside of the Services by selling, gifting, or trading them. F&G does not recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for money, or exchange Virtual Items for value of any kind outside of the context of the Services. Any such transfer or attempted transfer is prohibited and void, and we reserve the right to terminate your Account if any such attempts are made.
G. Service Materials, Ownership, Trademarks and Feedback:
Except as otherwise expressly set forth in these Terms of Service, as between you and F&G, F&G and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials. “Service Materials” means all information and materials that are part of the Service, including but not limited to the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Items as described below.
You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Service are reserved by F&G and its licensors, and no license is granted hereunder under any legal theory or operation. You agree not to license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials nor will you attempt to do so, except as expressly permitted in writing by F&G and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).
The term F&G, the F&G logo and other F&G, Inc. logos and product and service names (such as “Better Letters”) are trademarks and service marks of F&G and owned by us. You may not use or display such trademarks in any manner without F&G’s prior written permission. All third party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any F&G trademarks or service marks as on other websites is prohibited, including but not limited to their use as metatags.
If you provide F&G with comments, suggestions or feedback about, or in connection with, any games or Services we provide or operate (collectively, “Feedback”), you agree that such Feedback shall be the exclusive property of F&G, and you hereby assign all rights, title and interest in and to such Feedback to F&G. You agree that F&G may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you, except where prohibited by law.
H. Your User Content:
F&G may enable you and other users to submit, post, display, transmit, or distribute communications, content and materials (including, but not limited to, text, photographs, graphics, images, comments, personally identifiable information, etc.) within our Service and our games. This content that you make available in connection with the Service shall be referred to as “Your User Content.” You agree that Your User Content is not confidential.
You hereby represent and warrant to F&G that Your User Content is entirely original to you and that you exclusively own the rights to Your User Content, including the right to grant all rights and licenses in these Terms of Service without F&G incurring any third party obligations or liability arising out of its exercise of such rights and licenses. F&G does not claim any ownership rights in Your User Content and nothing in these Terms shall be interpreted to restrict any rights that you may have to use and exploit Your User Content.
You agree to grant to F&G a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use and otherwise exploit Your User Content via the Service or otherwise, in any way we see fit. You also grant to F&G the right to sublicense and authorize others to exercise any of the rights granted to F&G via these Terms You further perpetually and irrevocably grant F&G the unconditional right to use and exploit your name, persona and likeness included in any of Your User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your User Content, regardless whether Your User Content is altered or changed in a manner not agreeable to you.
F&G is under no obligation to manage or enforce your intellectual property rights in or to Your User Content.
I. Restrictions and Rules of Use:
As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.
The Service is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.
You agree to not use the Service to transmit, make available or otherwise promote or support:
(a) any content or behavior that is harmful, threatening, abusive, harassing, unlawful, tortious, defamatory, libelous, invasive of another’s privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;
(b) any content or behavior that promotes any illegal activity;
(c) any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(d) any content that infringes any intellectual property or proprietary rights of any party, including any patent, trademark, trade secret, copyright or other rights;
(e) any unsolicited or unauthorized advertising or any other form of solicitation;
(f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;
(g) any computer code, files or programs that have the effect of or are intended to hack, cheat, alter, modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or
(h) unreleased Service content (such as game items or champs or event content), or data not available through normal operation or game play on any portion of the Service.
You further agree not to:
(i) access without authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or fail to follow any requirements, policies or regulations of networks connected to the Service;
(ii) interfere with, disrupt or circumvent any security mechanism of the Service or any mechanism that imposes or enforces restrictions on use of or access to the Service;
(iii) use the Service to violate any applicable local, municipal, state, provincial, national or international law, whether intentionally or unintentionally;
(iv) use the Service to harm or inappropriately engage with minors in any way;
(v) use the Service to reveal any personal information about another person, including any information that may be used to track, contact or impersonate that person;
(vi) engage in any fraudulent, misleading, or suspicious activity towards F&G or other users;
(vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any purpose, advertise or promote any product or service of any kind;
(viii) impersonate any real person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
(ix) create any Account by automated methods or under false pretenses, or use any other user’s Account for any purpose;
(x) cheat or use, develop or distribute software programs or applications to gain an advantage in the F&G experience not found within an F&G Service itselfto the detriment of fair play; or
(xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender, actual currency, or for other goods, services or items of monetary value.
You also agree not to access the Service: (x) by any means other than through the interface that is provided by F&G; (y) through any automated means (including, but not limited to, scripts, bots, or other similar mechanisms); or (z) by disguising or manipulating identifiers in order to hide the origin of any access to the Service. You agree to follow all local rules regarding online conduct and acceptable User Content, and you agree to follow all laws applicable to you regarding the transmission of data out of the United States or the country of your residence.
In addition, you agree not to use the Service or any portion of the Service that enables communications, to: (1) engage in abusive behavior toward any other person or entity, including “trolling,” insulting, harassing, or other poor or objectionable behavior as determined by F&G in its sole discretion; (2) post or engage in non-constructive comments or threads; (3) abuse any functionality enabling reporting to F&G through misuse of the mechanisms; or (4)
F&G reserves the right to determine what behavior, speech, or conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action – up to and including termination of your Account and being banned from the Services.
J. Virtual Currency and Items:
The Service may include virtual currencies that may be earned or obtained through the Service or bought by you for legal tender or actual currency, subject to applicable law (“Virtual Currency”). The Service may also include virtual digital items that may be earned or obtained through the Service or bought by you for legal tender or actual currency, or for Virtual Currency, subject to applicable law (“Virtual Items”). F&G reserves the absolute right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Virtual Currency and/or Virtual Items in any of its games or other parts of the Service as it deems fit, and F&G shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use Virtual Items and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by F&G solely within the Service. You have no other right, title or interest in any Virtual Items or Virtual Currency that exist in or as a result of the Service.
You acknowledge and agree that the transfer of Virtual Currency and Virtual Items is prohibited except where expressly authorized in the Service. Outside the Service, you shall not engage in any transactions of any kind, such as selling or transfering, involving Virtual Currency or Virtual Items with F&G, any other user of the Service or any other party.
You agree that all sales of Virtual Currency and Virtual Items are final and, except as determined by F&G in its sole discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Service, your Account or the Service for any reason, such as F&G’s discontinuation of the Service or portions of the Service, all Virtual Currency and Virtual Items will be forfeited by you, and F&G will have no liability to you regarding them.
These Terms of Service will remain effective until terminated by either party.
You may terminate these Terms of Service at any time and for any reason by (a) contacting F&G notifying us of your decision to terminate and (b) ceasing use of the Service.
F&G may terminate these Terms of Service, your Account and your access to the Service (in whole or in part) at any time and for any reason. F&G may choose to issue you a warning or other notice before such termination, such as upon your violation of these Terms of Service, at its discretion. However, you agree that F&G is not required to provide any such notice or warning before taking any such action to terminate under this Section. In addition, F&G may notify relevant authorities or take any actions it chooses (such as suspending your Account and your access to the Service), without notice to you if F&G believes or determines that you may have (i) violated any provision of these Terms of Service or any policies or rules set by F&G; or (ii) engaged in actions that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, F&G, any third parties or the Service itself.
Termination may result in the loss of your Account and all information and data associated with your Account, including but not limited to Virtual Currency and Virtual Items. You acknowledge and agree that upon any termination effected under these Terms of Service for any reason, whether by you or F&G, you will not be entitled to and F&G will not be liable to you or any third party for any refund, reimbursement or other liability. If F&G terminates your Account, you may not participate in the Service without our express written permission. To request permission, contact F&G via e-mail. F&G reserves the right to refuse to keep Accounts for, and provide F&G services to, any individual. Allowing any individuals whose Accounts have been terminated by F&G to use your Account is a violation of these Terms of Service.
L. Disputes With Other Persons / Users / Parties / Entities:
You are solely responsible for your interactions with other users of the Service and other parties that you come in contact with via the Service. You agree that F&G is not liable to you or any third party in connection to your use of any aspect of our Service. You agree to fully cooperate with F&G to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting F&G access to any password-protected portions of your Account. F&G reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.
M. Disclaimers of Warranties and Damages, Limitations of Liability:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.
THE F&G PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE F&G PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE MATERIALS OR THE USER CONTENT WILL BE ACCESSIBLE BY YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE SERVICE MATERIALS, OR USER CONTENT WILL BE ACCURATE OR RELIABLE.
THE “F&G PARTIES” ARE COMPRISED OF F&G AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS.
UNDER NO CIRCUMSTANCES SHALL THE F&G PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY F&G PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR COMPLAINTS WITH THE SERVICE IS TO STOP USING THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that F&G or any other F&G Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of F&G’s and such F&G Party’s liability shall be the minimum permitted under such applicable law.
N. Links to External Locations and Third Party Websites:
The Service may contain links to third-party websites or resources. You agree that F&G is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources are not an endorsement by F&G of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for whatever may happen from your use of any such websites or resources. F&G may remove any links at any time for any reason or for no reason.
You agree to indemnify, defend and hold the F&G Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or any person accessing the Service using your password or Account) submit, post or transmit through the Service, (2) your (or any person accessing the Service using your password and Account) use of the Service, (3) your (or any person accessing the Service using your password or Account) violation of these Terms of Service or Third Party Agreements, and (4) your (or any person accessing the Service using your password or Account) violation of any rights of any other person or entity.
P. Governing Law and Remedies:
These Terms of Service and any action related to the Service will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of California, and each of the parties waive any objection to jurisdiction and venue in such courts. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to F&G under these Terms of Service are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to F&G for which remedies at law are inadequate. F&G shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
You agree to be responsible for obtaining and maintaining all devices and equipment needed for access to and use of the Service, and all related costs, charges and expenses.
F&G operates and controls the Service from its offices in the United States. The content provided on or by the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be against applicable laws or regulations or that would subject F&G to any registration requirement within such jurisdiction or country. Those persons who choose to access the Service from other locations are solely responsible for compliance with local laws, to the extent any such local laws are applicable.
You agree that no joint venture, partnership, employment or agency relationship exists between you and F&G as a result of these Terms of Service or your use of the Service. These Terms of Service constitute the entire agreement between you and F&G with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by F&G. The failure of F&G to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.
These Terms of Service may not be assigned by you without F&G’s prior written consent, but are freely assignable by F&G. The section headings used herein are for convenience only and shall not be given any legal import. Upon F&G’s request, you will furnish F&G any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against F&G by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
You agree that the following sections of these Terms of Service will survive any termination of these Terms of Service, your Account or the Service: Section G (Service Materials, Ownership, Trademarks and Feedback), Section H (Your User Content), Section K (Termination), Section L (Disputes with Others), Section M (Disclaimers of Warranties and Damages, Limitations of Liability), Section O (Indemnification), Section P (Governing Law and Remedies) and Section Q (Miscellaneous).