1. Introduction
This Terms of Service ("Agreement") governs the relationship between you ("you" or "User") and Readyfunny Games Company Limited ("Readyfunny," "we," "our," or "us") who is registered in 22nd Floor, Chit Lee Commercial Building, 30-36 Shau Kei Wan Road,Sai Wan Ho, Hong Kong regarding your use of our Service("Service", "Application" or "Software").
By entering, playing, using or accessing to our Service (including but not limited to updates, upgrades, patches), you are deemed to have read, understood, and accepted all the terms of this Agreement.
We reserve the right to modify, discontinue or terminate our Service, including any portion thereof, on a global or individual basis, or to change or expand this Agreement, at any time and without prior notice. Any change or amendment to this Agreement will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). After we have posted a modification to this Agreement or have provided you with notice of a modification, Your continued use of our Service constitutes your acknowledgement and acceptance of such changes. If the modified Agreement are not acceptable to you, your must cease using our Service. If you have any questions and complaints about this Agreement, please contact us by email at [email protected].
2. Account
In order to use our Service, you need to register for an Account and provide certain information about yourself as prompted by the Account registration form. You agree that you have no ownership or proprietary interest in your Account.
The registration information you submit must be truthful, accurate and complete. We are entitled but not obliged to verify the accuracy of your information. If there is untruthful, inaccurate or incomplete information you submit, we reserve the right to terminate your access to or use of your Account. Therefore, you are highly recommended for updating or amending such information if the information you submit is or becomes untruthful, inaccurate or incomplete.
When you have successfully created an Account, as a registered user ("User" or "Registered User"), you need to create a username to be used during your game play. You acknowledge and agree that the username you use are not obscene or otherwise offensive, political, racially or other sensitive terms.We are entitled (but not obliged) to filter out certain words and phrases that we consider unacceptable.Besides, while any registration process that we adopt may filter out certain unacceptable words and phrases, it can never be a comprehensive filter. Also, we reserve the right to terminate your Account and have the right to require your re-registration with a new acceptable username if we consider that your username (or its use) is offensive or otherwise breaches the agreement terms in any way.
You are responsible for safeguarding your password. You agree not to share your password to any third party or allow any third party to use your account. If you do such sharing or allowance, we reserve the right to take actions, including but not limited to terminate your account without any refund. Besides, you agree to take sole responsibility for any activities or actions under your account, including any purchase of Virtual Currency, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
You can delete your Account at any time, for any reason, by emailing us at [email protected] with the subject "Close My Account"
3. Grant of License
Subject to your compliance with this Agreement, we hereby grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, download and print our Service solely for your own non-commercial entertainment purposes.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Service, except only as expressly permitted by this Agreement. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted by this Agreement.
4. Restrictions of use for our Game
You agree not to do any of the following while using our Service:
(a) Use our Service for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful;
(b) Publish, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
(c) Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
(d) Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of anyone, including but not limited Readyfunny or third parties;
(e) Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;
(f) Exploit, distribute or publicly inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;
(g) Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of our Service;
(h) Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of our Service without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;
(i) Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
(j) Allow or assist any third parties to do any of the above.
We reserve the right, but is not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. While we reserve the right to take action upon being alerted or informed of inappropriate game play or communications between Users made in connection with their access or use of our Service, you are solely responsible for any interactions with other Users. By using our Service, you acknowledge and accept that at any time there may be language or material accessible on or through our Service that may be inappropriate for children and/or offensive to Users of any age, race, religion, gender. You agree that under no circumstances shall we be liable for any inappropriate User behavior or language. If we determines in its sole discretion that any inappropriate User behavior or language was made or communicated from your Account, we reserve the right to suspend or terminate your access to our Service and/or to take other enforcement actions as we deems necessary to safeguard its rights.
We reserve the right, at any time and without prior notice, to remove or disable access to any User Content that we consider to be in violation of this Agreement or otherwise harmful to our Service. We encourage Users to report any suspected misconduct or misuse of our Service.
5. Users eligible to participate
You confirm that you have the capacity to form a binding contract and hereby agree to be bound by this Agreement, or, if you don’t have, you confirm that you have obtained parental or guardian consent to enter into this Agreement.You must be at least 17 years of age or an adult of legal age of majority in your country of residence to use our Service, including to submit any personal data to us through or in connection with your use of our Service.
If you are a parent or guardian and you provide your consent to your child's use of or access to our Service, you agree to be bound by this Agreement in respect of your child's use of our Service and agree that any payments authorized by your child will be your sole responsibility.
6. Ownership
You acknowledge that your use of our Service does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of our Service may cease to be available to you at any time without prior notice in the sole discretion of us.
You agree that any or all of our Service may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without our express prior written permission. Any use of our copyrighted materials, including but not limited to make derivative works, requires our express prior written consent. Please note any unauthorized reproduction or redistribution of our Service shall be prohibited and may result in severe legal penalties.
We exclusively own all right, title and interest in and to any Customizations . You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Service or Application Content.
7. User Content
User Content means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to us or our agents pertaining to our Service. You confirm that you irrevocably grant us a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable and unlimited license, allowing us to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights.
We are not responsible for any User Content, nor is it responsible for monitoring the Services for inappropriate content or conduct. We do not and cannot pre-screen or monitor all User Content. Your use of the Service is at your sole risk. By using the Service, you may be exposed to User Content that is offensive, indecent, or otherwise not in accordance with your expectations. You assume all risks associated with the use of any User Content in connection with the Service.
Please note that our Software may contain Cheat Detection software or features. "Cheat Detection" means functionality intended to identify Cheats. "Cheats" means programs, methods, processes or other programs with software or hardware on any formats that may give Users an unfair competitive advantage within our Service.
When you use our Service, your interactions or communications with the Service (including, without limitation, chat texts) may be monitored and/ir recorded by technology. By entering into this Agreement, you hereby irrevocably consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy with respect to the transmission of any User Content (including, without limitation, chat text or voice communications).
We reserve the right, in its sole discretion, to review, monitor, disable, edit, remove, disable access to, or otherwise make unavailable any User Content (including, without limitation, Your User Content) without notice, for any reason or no reason at all. If we choose to monitor the Service at any time, in its sole discretion, we have no responsibility for User Content and no obligation to modify or remove any inappropriate User Content. We have the right (but not the obligation) to edit, refuse to post, or remove any User Content in our sole discretion.
8. In-Game Currency and Goods
Our Service may include an opportunity for you to purchase virtual, in-game currency ("Virtual Currency") with real money. Our Service may also include the purchase of virtual, in-game digital items ("Virtual Goods") with real money or Virtual Currency. You acknowledge that Virtual Currency and Virtual Goods shall never be redeemed for real money or any item with monetary value. You understand that both Virtual Currency and Virtual Goods are licensed, not sold, to you under this Agreement and we reserve and retain all right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency.
Your purchase of Virtual Currency and/or Virtual Goods is non-exchangeable and non-transferable, except otherwise granted by laws of your country. Except inside the our Service, you may not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods, which is a violation of this Agreement and will result in a termination of your Account with the reserve of our rights to continue claiming for compensation.
We reserve the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that we may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
When you provide payment information to us or our authorized processor, you represent that you are an authorized User of any payment method specified by you, and you authorize us to charge such payment method(s) for the full amount of the transaction. You acknowledge and agree that any payment for the right to have your License include Virtual Currency and/or Virtual Good(s) is non-refundable and non-transferable, except as otherwise required by applicable law or when our policy would otherwise permit. You further acknowledge and agree that you are not entitled to a refund for any Virtual Currency, except as otherwise required by applicable law. You agree and acknowledge that due to the special nature of online game service, there are no transactions involving physical goods and the purchasing experience comes from the provision of a license to digital features within the online game services provided by the game manufacturer.
You agree and acknowledge that due to the special nature of online game service, there are no transactions involving physical goods and the purchasing experience comes from the provision of a license to digital features within the online game services provided by the game manufacturer.
9. Orders & Payments
You may purchase, with "real world" money, limited licenses to use Virtual Items or Virtual Currency from us in accordance with this Agreement, and you agree that all such purchases are final. If you order licenses for Virtual Items or Virtual Currency from us that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction. Your orders for limited licenses to Virtual Items or Virtual Currency are offers for use of those Virtual Items or Virtual Currency, and if accepted those Virtual Items or Virtual Currency will be immediately downloaded to your Account.
For Residents of the European Union (EU) and the United Kingdom of Great Britain and Northern Ireland (UK). You have the right to withdraw from the purchase of a Virtual Currency or a Virtual Good anytime within 14 days from the day of purchase without giving any reason by contacting our customer service at [email protected] and informing us that you wish to withdraw the purchase.
However, your right to withdraw will be lost once the content or service has been fully provided upon your request. If you request immediate delivery of any content that you purchase, you will have agreed upon purchase that your right of withdrawal will expire once the content is made available to you. For any service for which you request immediate delivery, you will have agreed upon purchase that your right of withdrawal will expire when all services are provided, and that in any case, you will not be reimbursed for any service that has already been provided to you.
10. Taxes
You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using an Account registered to you.
11. Protection of Personal Information
All the information collected from you is subject to Local Laws and we shall try our best efforts to protect your provided information. Please pay attention that this Agreement may be updated by us from time to time and your continued use of our Service shall constitute your acceptance to the newly updated Agreement. Subject to any applicable laws and regulations, the user has the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please see our Privacy Policy for more information regarding to the collection and use of your information.
12. Termination of Accounts
Without limiting other remedies, we may at any time suspend or terminate your Account and refuse to provide access to our Service if we suspect or determine, in our own discretion, that you may have or there is a significant risk that you have:
(a) engaged in actions relating to or in the course of using our Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Users, us or any other third parties or our Service; or
(b) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer.
In addition, we may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above. You may terminate your Account at any time and for any reason by contacting with us.
13. Effects of Termination, Suspension of Account
Upon termination of your Account for any reason by you or us, you will lose all access to such account. Terminated Accounts cannot be reinstated.
If your Account is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your Account at the time of termination will be lost and no longer be available to you, and you will have no right to them. If your Account is terminated for any reason by you or us, you understand and agree that we may redeem and use the Virtual Currency in the Account at the time of termination for any purpose that it may choose, and that on termination you will have no right to such Virtual Currency.
You agree that we will not be required to issue refunds for any reason whatsoever, except in exceptional circumstances to be negotiated between you and us, and upon any termination, you understand and acknowledge that we will no longer be obligated to provide our service. We will not be liable to you or any third party for any termination of our Service or any termination of your use of our Service.
UPON ANY TERMINATION OR SUSPENSION OF YOUR ACCOUNT, ANY CONTENT, MATERIALS, OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU.
Furthermore, we will have no obligation to maintain any information stored in our database related to your Account. Any suspension, termination or cancellation will not affect your obligations to us under this Agreement (including, without limitation, proprietary rights, and ownership, indemnification, and limitation of liability).
14. Indemnification
You agree to defend, indemnify, and hold us and/or our affiliates, employees, officers, managers, directors, agents from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:
i. your access or use of our Service;
ii. your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under this Agreement;
iii. any materials, User Contributions, User Content or other information provided by you or on your behalf;
iv. your violation of any applicable laws or third-parties' rights and interests; and/or
v. your other illegal or inappropriate behavior.
15. Injunctive Relief
You acknowledge and agree that in the event of any threatened or actual breach of this Agreement, we shall, without proof of special damages, be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which we may be entitled.
Insofar as permitted by applicable laws, you irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from us.
16. Limitation of Liability
You agree that your use of our Service shall be at your own risk. We provide our Service on an "as is" and "as available" basis. To the fullest extent permitted by applicable laws, We and/or our affiliates, employees, officers, managers, directors, agents, disclaim all warranties of any kind, including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose, regardless of express or implied, regardless of in the aspect of tort, contract or otherwise, and regardless of whether we have been advised of the possibility of such liabilities.
We hereby disclaim all warranties, conditions, common law duties and representations, either express, implied, oral or written. We make no warranties about the accuracy or completeness of our Service. Also, we assume no liability or responsibility for:
i. any errors, mistakes, or inaccuracies of our Service;
ii. personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of our Service;
iii. any interruption, suspension or termination of our Service;
iv. any bugs, viruses or similar links transmitted by third parties on or through our Service;
v. any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or
vi. any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.
In no event shall we be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if we have been advised of the likelihood of such damages occurring.
We have no control over third-party sites which you may have access, including those sites which are linked to our websites. Therefore, we are not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our websites or software functionality. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.
IN NO EVENT WILL WE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE OUR SERVICE OR APPLICATION CONTENT OR USER CONTENT THEREIN OR PROVIDED THEREBY EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable laws, any claim arising from or in connection with this Agreement and/or our Service, must commence within one year after you shall first become aware of or within one year after the claim or cause of action accrues (whichever is earlier). If it is not filed within that time, then the claim is permanently barred.
17. Modification
We reserve the right to amend, modify or revise this Agreement at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of our Service and you agree to be bound by all amendments, modifications and revisions. Your continued access to our Service will constitute your acceptance to the newly-updated Agreement and any agreements or policies therein.
If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of our Service, your License under this Agreement shall immediately terminate and you may immediately stop accessing to our Service.
18. Notice
To the maximum extent permitted by applicable laws, we may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of our Service) to the Users through one or more of the following, including but not limited to notice or announcement within our Service, page announcement on our websites, games, official channels, website tips, mobile phone messages, email, or other contact information you provided to us.
Once any notice is dispatched or sent in any way listed above by us, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to, please inform us in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.
19. No Assignment
You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, whether by operation of law or otherwise, without the express prior written consent of us. Otherwise, we may, in its sole discretion, terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, we shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
This Agreement contains the entire contract of the parties regarding the subject matter of this Agreement and supersedes any prior written or oral agreements (if any) between you and us.
If any provision of this Agreement is held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable.
No failure or delay on the part of us in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
You agree that we expressly reserve the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny anyone use or access to our Service to cease providing any services; and/or to change, add any portion of our Service.
You represent that you are entering into this Agreement on a completely voluntary basis and you expect no compensation other than what is expressly granted under this Agreement.
In case of any inconsistency between this Agreement and local laws of your country or residence, local laws shall prevail and govern.
20. Governing Law & Dispute Resolution
Governing Law. This Agreement shall be governed by and construed under the laws of China excluding its conflict of law principles.
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be submitted to litigation in the People's Court of Khorgos City, Xinjiang Yili Prefecture.
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
You agree that in the event of any dispute, we and you shall first attempt to resolve any such dispute informally for a period no less than thirty (30) calendar days before initiating proceedings. The informal dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to [email protected].