Updated August 1, 2016
Children Under Age 13
The Services and this Site are offered and made available only to users 13 years of age or older. YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THE SERVICES AND THIS SITE. By accessing and using this Site, you represent that you are 13 years old or older; and if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms.
Right to Use Services and Site
Subject to your acceptance of and full compliance with these Terms, FunCodePlay GROUP grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Site, the Services and related software (excluding source and object code) (“Software”), for your non-commercial personal entertainment use only, by accessing the Services through your web browser or other application provided by FunCodePlay GROUP, authorized social networking websites, service providers or partners. You agree that you may not use the Services for any other purpose, or copy or distribute the Services except as specifically allowed in these Terms. You may download and install the Software onto one or more computers owned by you or under your legitimate control for your non-commercial personal entertainment use only, which must include copyright and trademark notices as required by these Terms.
Right to Terminate or Change Services
Your use of the Services and this Site is conditioned upon your continued full compliance with these Terms. Any use of the Services in violation of these Terms will be treated as an infringement of FunCodePlay GROUP's copyrights in and to the Services. We reserve the right to change or modify the Services, or limit the features or services on this Site at any time , without or without notice to you, without liability.
We reserve the right to terminate your access and use of the Services without notice if you violate these Terms. We also reserve the right to temporarily suspend or permanently discontinue the Services, any portion of the Services, or the Site at any time, with or without notice to you, without liability. In such events, you must immediately and permanently destroy all copies of the Software in your possession and remove the Software from your hard drive. In such events, you will lose access to your Account, password, user name, persona, and you will forfeit all related entitlements, including Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site). You agree that these Terms will survive the termination of the Services or your Account for any reason.
Our Intellectual Property Rights
FunCodePlay GROUP and its related and affiliated companies are the sole and exclusive owners of all right, title and interest, including without limitation, copyright, patent, trademark and other intellectual property rights, in the Services and this Site, including without limitation, all games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions and other materials, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories and equipment, user Accounts, passwords, Virtual Currency, Virtual Goods, concepts, technology, architecture, logic, structure, sequence, organization, themes, symbols, methods of operation, and other materials, all of which are protected by international copyright laws, and may not be reproduced, modified, distributed, transmitted, displayed, performed, rented, altered, stored for subsequent use, republished or used in any manner without our prior written consent. Any use of the materials appearing in the Services or this Site not expressly authorized by these Terms is a violation of copyright, trademark, and other applicable laws, and may result in criminal prosecution or civil penalties.
Except for the limited right to access and use the Services and this Site, we do not grant or transfer to you any other rights of any kind, including any rights in any Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site), or any other attributes appearing in, originating from or associated with the Services or this Site. No ownership rights of any kind, including any patent, trademark, copyright or other intellectual property rights, are assigned or transferred to you, by accessing or using the Services or this Site, downloading material from or uploading material to this Site, or by purchasing any Virtual Goods.
You agree not to copy, redistribute, publish or otherwise exploit material from the Services or this Site, except as expressly permitted herein, without our prior written permission. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to us in connection with the use of the Services is the exclusive property of FunCodePlay GROUP. You agree that we may use, sell, exploit and disclose any of your comments in any manner, without restriction and without compensation to you.
Virtual Currencies and Goods
The Services may include virtual game currency (“Virtual Currency”), including, but not limited to currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with this Site, that may be acquired for real world money if you are a legal adult in your country of residence. The Services may also include virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site (“Virtual Goods”) that may be purchased from FunCodePlay GROUP for real world money or exchanged for Virtual Currency.
FunCodePlay GROUP have the absolute right to administer, control, modify, adjust, and eliminate any Virtual Currency, Virtual Goods, or any other attributes associated with use of our Services or this Site in its sole discretion, with or without notice, and without liability to you or anyone else. You have a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods and Virtual Currency in our Services and this Site. However, you have no right or title in or to any Virtual Currency, Virtual Goods or any other attributes associated with use of the Services or this Site.
Regardless of the means of transfer, the direct or indirect redemption or transfer of Virtual Goods and Virtual Currency for real world money, goods or other items of value by or from any party is strictly prohibited except where expressly authorized within the Services. Any attempt to do so is in violation of these Terms and may result in an immediate termination of your user Account and access to the Services, as well as possible legal action.
Any purchases of Virtual Goods or Virtual Currency by you from FunCodePlay GROUP are final. No refunds will be given, except in the sole discretion of FunCodePlay GROUP. If your user Account or your use of this Site is terminated or suspended for any reason, or if we permanently discontinue the Services or this Site for any reason, then all of your Virtual Goods and Virtual Currency will be immediately forfeited.
User Account and Password
Some Services may require you to create a password, user name or persona to set up your Account. You may not use a password, user name or persona that is used by someone else; is indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; that contains expressions of hatred, bigotry, racism, pornography, or is otherwise objectionable; that infringes any trademark or other proprietary rights of others, violates the rights of any party, or violates any laws; or that is used in any way that otherwise violates these Terms. You may not impersonate another person or user, attempt to get a password, other account information or other private information from a user, or collect or harvest email addresses or other information.
You are responsible for maintaining the confidentiality of your Account information (including passwords and user name) and are responsible for any and all activities that occur under your Account. You are also liable for any losses or damages incurred by FunCodePlay GROUP, any other users of the Services, or any other parties resulting from someone else using your Account, with or without your knowledge. You must notify us immediately of any unauthorized use or theft of your Account or other breach of security. Your Account may be terminated if someone else uses it to engage in activity that violates these Terms or is otherwise improper or illegal.
You may not use anyone else’s Account, password, user name, or persona, and you may not purchase, sell, trade, rent, lease, license, grant a security interest in, transfer to or allow any other person to use your Account, password, user name, persona, Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site).The site will not be responsible for any problem or conflict caused by account sharing.
We reserve the right to change these Terms in any way and at any time. We will attempt to give you advance notice of any change in these Terms by posting on this Site, or by sending a message informing you of the modified terms with a link to the posting on this Site. However, we reserve the right to make changes immediately, as appropriate determined in our sole discretion. You agree to periodically check this Site for new information and terms that govern your use of the Services and this Site, and to read any changes to these Terms. Using our Services after any changes to these Terms become effective constitutes your acceptance of the new Terms. If you do not agree to these Terms or any future changes to these Terms, you do not have permission to use the Services and you must immediately discontinue any further use this Site.
Terminating Your Account
We reserve the right to terminate or suspend your Account or your access to any or all of the Services at any time and for any reason, including a violation or breach of these Terms. In our discretion, we may issue you a warning, or we may elect to immediately terminate any and all of your Accounts. You acknowledge that FunCodePlay GROUP are not required to provide you notice before terminating your Account. If we terminate your Account, you will lose access to your Account, password, user name, persona, and you will forfeit all related entitlements, including Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site). You agree that these Terms will survive the termination of your Account for any reason.
No Warranties of Any Kind
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT (EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAWS).
Limitation of Liability
FunCodePlay GROUP PROVIDE THE SERVICES AND THIS SITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES OR THIS SITE AT ALL TIMES OR ALL LOCATIONS, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FunCodePlay GAMES HONGKONG LIMITED ITS RELATED OR AFFILIATED COMPANIES, SUBSIDIARIES, SPONSORS, PARTNERS, CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS AND OTHER PARTIES AFFILIATED WITH THE SERVICES OR THIS SITE, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ATTORNEYS (COLLECTIVELY, “FunCodePlay GAMES HONGKONG LIMITED”) IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE FunCodePlay GROUP ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THIS SITE TO THE FULLEST EXTENT PERMITTED BY LAW. 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 SERVICES OR THIS SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE FunCodePlay GROUP BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, 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 THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE FunCodePlay GROUP ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FunCodePlay GROUP LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF SOCIAL NETWORKING WEBSITES OR MOBILE VERSIONS THEREOF THROUGH WHICH THE SERVICES OR THIS SITE ARE MADE AVAILABLE, AND THAT THE RISK OF THE SERVICES AND THE THIRD PARTY WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, INCLUDING DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) LOSS OR INABILITY TO USE THE SERVICES FOR ANY REASON, INCLUDING COMPUTER FAILURE, MALFUNCTION, ERROR, DEFECT, DELAY IN OPERATION OR TRANSMISSION; (B) THE LOSS OR DAMAGE TO ACCOUNTS, USER ACCOUNT INFORMATION AND OTHER DATA, VIRTUAL CURRENCY OR VIRTUAL GOODS, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, OF ANY CONTENT, INFORMATION OR OTHER MATERIAL PRESENTED ON THIS SITE; (D) THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY CONTENT, INFORMATION OR OTHER MATERIAL PRESENTED ON THIS SITE; OR (E) INTERRUPTION OF THE SERVICES FOR ANY REASONS, INCLUDING ANY NETWORK OR TELECOMMUNICATION LINES, COMPUTER ON-LINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, TRAFFIC CONGESTION ON THIS SITE, THE INTERNET OR ANY OTHER WEBSITE, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF THE SERVICES; AND (F) ANY VIRUSES, CORRUPTED FILES OR PROGRAMS, WORMS, TROJAN HORSES, OR OTHER CODE OR OTHER HARMFUL COMPONENTS WITH CONTAMINATING OR DESTRUCTIVE EFFECTS.
UNDER NO CIRCUMSTANCES WILL THE FunCodePlay GROUP BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FunCodePlay GROUP IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
You may be required to open an Account directly with FunCodePlay GROUP by completing the registration process and providing true, accurate, current and complete information about yourself. The Services may also be offered to you through a social networking website through which you access this Site. Information collected from you is subject to the social networking website’s policies. By accessing or using a game, application, or activity on this Site, you may be granting the social networking website permission to share your e-mail address and any other personally identifiable information with us.
By accessing and using the Services or this Site, our servers automatically collect and store certain information about you, including the name of the domain from which you accessed the Internet, the date and time you accessed this Site, the Internet address of the web site you used to link to this Site, your IP address, hard drive serial number, browser type and language. We use this information for authentication, copy protection, account blocking, as well as system, rules, game management and other purposes. We may also use software programs to gather and assess certain information, including the number of visitors to different sections of this Site, what information is of most and least interest, the need for technical design specifications, and to identify system performance or problem areas. For website security purposes, and to ensure that this Site remains available to all users, we also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Finally, we may use built-in tracking features or a technology known as “cookies” to send a small file to your computer that uniquely identifies your browser to obtain information regarding your use of this Site.
By accessing and using the Services and this Site, you consent to our collection and use of your personal information, including the transfer of this information internationally for storage, processing and use by FunCodePlay GROUP and its affiliates. In addition, as part of the Services, we may provide you with certain communications, such as service announcements and administrative messages.