FunGames Terms & Conditions, including
Official Rules for Sweepstake & Instant Win
No Purchase Necessary
IMPORTANTREAD CAREFULLY: These terms and conditions constitute a legal
contract, hereafter referred to as the “Agreement,” between “You,” the user (either an
individual or a single business entity) and Mobile Game Discovery LLC (“FunGames” or
“LICENSOR”) for the use of the website hosted and maintained at
https://fungamesapps.com and related sites that are now available or that may be
available in the future (collectively the “Site”), which includes mobile app, computer
software and, as applicable, associated media, printed materials, online or electronic
documentation, advertisements, and any other content accessible at or related to
https://fungamesapps.com (collectively, “Content”), which is made available for use with
the FunGames information service (the “FunGames Service”).
BY USING THE FUNGAMES SERVICE OR THE SITE, YOU AGREE TO BE BOUND
BY THE THIS AGREEMENT, INCLUDING WARRANTY DISCLAIMERS, LIMITATIONS
OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE
FUNGAMES SERVICE.
OFFICIAL RULES
FunGames is a No Purchase necessary Site that provides Site users with free games
and chances to win sweepstakes. FUNGAMES is in no way affiliated with Apple, Inc or
Google, Inc. FUNGAMES, sweepstakes, and its winnings are void where prohibited
and where any bonding or registration is required.
A. PROMOTION LENGTH AND DESCRIPTION: The FunGames Promotion (the
“Promotion”) begins on or about January 1, 2023 and ends on December 31, 2025 at
11:59:59 p.m. ET (the "Promotion Period"). Participation in the Promotion does not
constitute participation in any other promotion, contest or sweepstakes. By participating
in the Promotion, each entrant unconditionally accepts and agrees to comply with and
abide by these Official Rules and the decisions of Mobile Game Discovery LLC
(“Sponsor”), which shall be final and binding in all respects.
B. ELIGIBILITY: Only legal United States residents residing in the fifty (50) United
States and Washington D.C., as well as residents in Canada and United Kingdom, who
are thirteen (13) years of age or older are eligible to participate. Employees, officers and
directors of FUNGAMES, and each of their respective parents, subsidiaries, affiliates,
distributors, retailers, sales representatives, advertising and promotion agencies
(collectively, the “Promotion Entities”) and the immediate family members, and/or those
living in the same household of each. Sweepstakes is void where prohibited by law.
C. HOW TO ENTER AND PLAY: Sweepstakes can be accessed through mobile
device and can be played at no cost. Through usage, users can collect sweepstakes
entries, and become eligible to win a prize designated on the sweepstakes.
D. PRIZES: Each sweepstakes will have the prize amounts listed prior to each
entry.
E. HOW TO CLAIM PRIZES: All prize winnings will be listed each user accounts
balance and will be updated accordingly. You may use the cashout functionality to
redeem prizes, which will provide redemption options.
F. PRIZES/ODDS:
Game Names
Max Prize
Odds
Max number of
Winners
VIP Daily Cards
$10,000
2,488,900
1
VIP Cards, Bonus
Cards
$1,000
481,530
1
VIP II Card
$100
73,960
50
VIP III Card
$10
14,793
500
VIP IV Card
$5
7,396
1000
VIP V Card
$2
2,958
2000
VIP VI Card
$1
1,479
4000
VIP VII Card
$0.50
739
4000
VIP VIII Card
$0.25
369
5000
GENERAL PRIZE CONDITIONS: Any prize winner shall be solely responsible for all
federal, state, and/or local taxes, and the reporting consequences thereof, and for any
other fees or costs associated with the applicable prize. Any potential prize winner may
be required to sign and have notarized an Affidavit of Eligibility, a Liability Release, and
(where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim
Documents”). If winner fails or refuses to sign and return all Prize Claim Documents
within ten (10) days of prize notification (or a shorter time if required by exigencies),
winner may be disqualified.
G. GENERAL: Acceptance of a prize constitutes prize winner’s permission for
Sponsor and its designees to use prize winner’s name, photograph, likeness, voice,
biographical information, statements and address (city and state) for advertising and/or
publicity purposes worldwide and in all forms of media now known or hereafter
developed, in perpetuity, without further compensation. Entrants agree that the
FUNGAMES shall not be responsible or liable for, and are hereby released from, any
and all costs, injuries, losses or damages of any kind, including, without limitation, death
and bodily injury, due in whole or in part, directly or indirectly, to participation in the
Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance,
receipt, possession and/or use or misuse of any prize, and (B) have not made any
warranty, representation or guarantee express or implied, in fact or in law, with respect
to any prize, including, without limitation, to such prize’s quality or fitness for a particular
purpose. FUNGAMES assumes no responsibility for any damage to an entrant’s or any
other person’s computer system or wireless phone which is occasioned by participating
in the Sweepstakes, or for any computer system, phone line, hardware, software or
program malfunctions, or other errors, failures, delayed computer transmissions or
network connections that are human or technical in nature. Without limiting the
generality of the foregoing, FUNGAMES is not responsible for incomplete, illegible,
misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or
prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers,
satellites, Internet service providers, websites, or other connections; or for
miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer,
telephone or cable transmissions; or for any technical malfunctions, failures, difficulties
or other errors of any kind or nature; or for the incorrect or inaccurate capture of
information, or the failure to capture any information. FUNGAMES reserves the right in
its sole discretion to disqualify any individual who is found to be tampering with the entry
process or the operation of the Sweepstakes, to be acting in violation of these Official
Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to
disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse,
threaten or harass any other person, and Sponsor reserves the right to seek damages
and other remedies from any such person to the fullest extent permitted by law. No
mechanically reproduced, illegible, incomplete, forged, software-generated or other
automated multiple entries will be accepted. Sponsor reserves the right to modify,
extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion,
that the Sweepstakes is technically impaired or corrupted or that fraud or technical
problems, failures or malfunctions or other causes beyond Sponsor’s control have
destroyed or severely undermined or to any degree impaired the integrity,
administration, security, proper play and/or feasibility of the Sweepstakes as
contemplated herein. Sponsor reserves the right to modify these Official Rules
accordingly to reflect any such changes and will post notice regarding same. In the
event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes
as contemplated herein by any event beyond its control, Sponsor shall have the right to
modify, suspend, or terminate the Sweepstakes. These Official Rules cannot be
modified or amended in any way except in a written document issued by a duly
authorized representative of Sponsor. The invalidity or unenforceability of any provision
of these Official Rules shall not affect the validity or enforceability of any other provision.
In the event that any provision is determined to be invalid or otherwise unenforceable or
illegal, these Official Rules shall otherwise remain in effect and shall be construed in
accordance with their terms as if the invalid or illegal provision were not contained
herein.
H. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS
CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND
ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND
OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE
SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT
TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT
WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
I. Access and Services
A. Access to the Site
FUNGAMES grants You a limited, personal, revocable, non-transferable, and non-
exclusive license to access the Site and its Content. Content may not be copied,
distributed, modified, published, or transmitted in any other manner, including for use for
creative work or to sell or promote other products. Any access to the Site or its Content
except in accordance with this Agreement is prohibited.
Systematic retrieval of data from the Site to create or compile directly or indirectly, in
whole or in part, a collection, compilation, database or directory without the express
written permission of FUNGAMES is strictly prohibited. When retrieving information from
the Site, You are prohibited from using or attempting to use spiders, robots, avatars,
intelligent agents, or any other extraction or navigation search except for a normal
browser; aggregating, copying or duplicating any of the materials or information
available from the Site except for the small amount of materials and information
temporarily required for and Your use of the Site; or accessing data not intended for
You.
FUNGAMES operates the Site for its own commercial purposes. Your use of the Site is
at the sole discretion of FUNGAMES, which may deny You further use of the Site at any
time, for any reason or no reason, with or without cause. Your use of the Site does not
entitle You to continued use of the Site.
B. FunGames Apps
FUNGAMES may provide software in conjunction with the Service or for other
purposes. Software provided by FUNGAMES is governed by an end-user license
agreement, which you must accept before installing or using the software.
Malfunction Voids All Pays and Plays.
C. Prohibited Conduct
1. Streaming Media
FUNGAMES may provide, from time to time, streamed Content, such as audio, video,
or other multimedia. While this Agreement grants You a license to access such Content
on a streaming basis, creating a local copy of such Content on Your hard drive or other
permanent storage device, except to the extent necessary to operate a streaming media
player, is a violation of this Agreement and of United States and international copyright
law.
2. Digital Rights Management
You agree that You will not use any device, software or routine to bypass any code
which may be included to prevent You from breaching the obligations in this paragraph
or to interfere or attempt to interfere with the proper working of the Site. You agree that
You will not take any action that imposes an unreasonable or disproportionately large
load on our or our host’s infrastructure. You agree not to break, counteract, disable,
disrupt, or otherwise hinder, or attempt to break, counteract, disable, disrupt, or
otherwise hinder, any encryption, digital rights management (DRM) or other access
restriction or control mechanism attached to any Content received from the Site. Doing
or attempting to do any of the foregoing is a violation of this Agreement, and may be
actionable under the Digital Millennium Copyright Act (DMCA), regardless of other fair
use or other statutory or other common law rights. Your obligations under this section
shall survive the termination of this Agreement.
3. Other Prohibited Acts
Your use of the Site must always comply with applicable law. In particular, but without
limitation, You agree and represent not to use the Site to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent Your
affiliation with any person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic,
libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise
objectionable;
(c) upload, post, e-mail or otherwise transmit any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, post, e-mail or otherwise transmit any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software, network, hardware or telecommunications
equipment;
(e) post chain letters or pyramid schemes; harvest or otherwise collect information
about others (including email addresses) without their consent; or post the same
information more than once or “spam;”
(f) use automated scripts to collect information from or otherwise interact with the Site;
(g) provide material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s)
designated by the United States government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act;
(h) engage in activities that violate United States antitrust laws or otherwise constitute
restraint of trade or price fixing;
(i) boycott products or services; or
(j) use of any VPN or emulators.
FUNGAMES may, at its sole option, provide message boards, forums, or other social
networking tools on the Site from time to time. The provision of such tools is no
guarantee of their continued provision, and FUNGAMES makes not guarantee that they
will be maintained or that any user-generated content will be retained for any period of
time. By providing any user-generated content, You automatically grant FUNGAMES a
perpetual, royalty-free, fully-paid, non-exclusive, irrevocable, worldwide license to Your
user-generated content for use on the Site forever. You are responsible for making sure
all information and materials that You originate or require are properly backed up so that
You have ready access thereto in the event of loss, corruption or interruption of the Site
or the FUNGAMES Service.
WARNING: It is possible that other users (including unauthorized users, or “hackers”)
may post or transmit offensive or obscene materials on the Site and that You may be
involuntarily exposed to such offensive and obscene materials. It also is possible for
others to obtain personal information about You due to Your use of the Site, and that
the recipient may use such information to harass or injure You. FUNGAMES is not
responsible for the use of any information that You may choose to disclose publicly
through the Site. Please carefully select the type of information that You post publicly on
the Site or release to others. Opinions, advice, statements, offers, or other information
or content made available through the Site, but not directly by FUNGAMES, are those of
their respective authors, and should not necessarily be relied upon. Such authors are
solely responsible for such content. You agree to take normal precautions when
meeting individuals in person that You have made contact with through the Site.
D. Cancellation of Rewards
FUNGAMES may, in its sole discretion with or without notice and for whatever reason,
cancel any credits and coins upon the occurrence of any of the following: (i) if the
account has been inactive for 90 consecutive days, (ii) if the account or user has been
found to violate the Terms and Conditions outlined in this document, and/or (iii) if there
was a malfunction of the services/product.
E. Privacy
As part of its effort to provide the best possible Content and to increase the value and
utility of the FUNGAMES Service, FUNGAMES may collect information about You.
FUNGAMES takes the issue of internet privacy very seriously. Use of Your data is
governed by the FUNGAMES Privacy Policy.
II. Amendment
A. Updates
FUNGAMES may, at its sole discretion, update this Agreement from time to time. If You
do not agree to the new terms and conditions, Your sole recourse and remedy will be to
cease use of the Site and the FUNGAMES Service. Your use of the Site or the
FUNGAMES Service after the date that the changes becomes effective shall constitute
Your acceptance of this Agreement, as modified.
B. Entire Agreement
This Agreement is the entire agreement between You and FUNGAMES, and may not
be modified except in writing signed by FUNGAMES. You agree that nobody has any
authority, actual or apparent, as an agent of FUNGAMES, to modify this Agreement
other than in writing.
C. Assignment
FUNGAMES may assign, delegate, or transfer its rights and responsibilities under this
Agreement. You may not assign, delegate, transfer, license, sub-license, or otherwise
convey all or part of Your rights or responsibilities under this Agreement.
D. Reformation
Each term, condition, covenant, provision, or other part of this Agreement is separate,
distinct, and severable from every other term, condition, covenant, provision or other
part of this Agreement. In the event that any term, condition, covenant, provision or
other part of this Agreement is found to be void, voidable, unenforceable, or otherwise
ineffective, the same shall be reformed to substantially affect the parties’ intents as
closely as possible, and shall have no effect on any other term, condition, covenant,
provision, or other part of this Agreement.
III. Relationships
A. Third Parties
FUNGAMES may provide Content from third parties (“Third Party Content”), including
from advertisers, media producers, and others. Unless otherwise specifically noted,
FUNGAMES has no relation to those third parties whatsoever except for the contractual
relationship or relationships under which FUNGAMES provides the Third Party Content.
FUNGAMES accepts no responsibility whatsoever for the Third Party Content, including
for its accuracy, suitability, legality, or propriety.
Neither You nor FUNGAMES enter into this Agreement on behalf of or for the benefit of
any third party, and no third-party beneficiaries are intended.
B. Between FUNGAMES and You
This Agreement does not create an agency, partnership, joint venture, or any other
business or legal relationship between You and FUNGAMES except as unaffiliated
contracting parties.
The Website and the Service are provided FOR ENTERTAINMENT PURPOSES ONLY,
and are not a substitute for or supplement to your own exercise of due care.
FUNGAMES makes no warranties or representations about the quality or consistency of
any data. You agree to verify for yourself any data or information provided by
FUNGAMES. YOU EXPRESSLY ASSUME THE RISK THAT DATA, TRACKING, OR
INFORMATION PROVIDED OR RETRIEVED BY FUNGAMES OR THROUGH
FunGames IS INCORRECT. The terms of this section supplement and do not
supersede the other limitations in this article.
IV. Intellectual Property
A. Copyright
The Site includes Content that is protected by the United States copyright laws and
international treaties. Any portion of the Site that includes the © symbol or the word
“copyright” or an abbreviation thereof followed by the name “FUNGAMES LLC” or any
variation thereof is owned and copyrighted by FUNGAMES. You have no license to use,
view, access, copy, or otherwise exploit such Content except as expressly granted by
this Agreement.
All other copyrighted material is the property of its respective owners. FUNGAMES
respects the copyrights of third parties and does not condone or encourage the violation
of the same.
Pursuant to the Digital Millennium Copyright Act (DMCA) FUNGAMES has registered
an agent to receive copyright claims (“Designated Agent”). You may notify FUNGAMES
of alleged intellectual property rights infringement by contacting our Designated Agent
at:
Mobile Game Discovery LLC
Attn: DMCA
13760 Noel Rd. Ste 855
Dallas, TX 75240
Please be aware that, in order to be effective, Your notice of claim must comply with the
detailed requirements set for the in the DMCA. You are encouraged to review them (see
17 U.S.C. § 512(c)(3)) before sending Your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove,
or disable access to, the material claimed to be infringing and will follow the procedures
specified in the DMCA to resolve the claim between the notifying party and the alleged
infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is
appointed solely for the purposes of receiving notices of copyright claims under the
DMCA.
B. Trademarks
You may find both FUNGAMES trademarks and third-party trademarks on or in relation
to the Site. The presence of a third-party trademark does not imply that FUNGAMES is
affiliated with the owner of the trademark. FUNGAMES does not grant You any license
or permission to use its own or third parties’ trademarks.
C. Patents
Certain aspects of the FUNGAMES Service, the Site, the Content, or other related items
may be covered by U.S. and international patents and pending patents (collectively,
“Patents”). FUNGAMES does not grant to You or imply a license to any of the Patents,
except to the extent necessary to permit You to interact with the Site and the
FUNGAMES Service according to the terms of this Agreement.
V. Termination
A. Automatic Termination
You agree that all of the terms and conditions of this Agreement are material to this
Agreement, and that Your breach or threatened breach of any part of this Agreement or
failure to abide by any term of this Agreement will cause FUNGAMES immediate and
irreparable harm. Any such breach or failure will immediately and automatically
terminate this Agreement.
B. Termination by Notice
Either party may terminate this Agreement at any time, for any reason or no reason, by
sending notice of the termination to the other party. Any notice of termination shall be
effective immediately when delivered.
C. Effect of Termination
You agree that upon any termination of this Agreement, You no longer have any license
whatsoever to view, use, copy, or otherwise access the Site, Content, or the
FUNGAMES Service. You agree that, immediately upon termination, any viewing,
using, copying, or otherwise accessing the Site, Content, or FUNGAMES Service shall
not be a mere breach of contract, but shall constitute a violation of the copyright in the
Site, Content, and/or FUNGAMES Service.
VI. Warranty Provisions
A. Acceptance
You warrant and represent that You are legally competent to enter into this Agreement.
You warrant and represent that You have read this Agreement in its entirety, that You
have had adequate opportunity to consult with legal counsel of Your own choosing, that
if You have not consulted with legal counsel that You have decided consciously and
voluntarily not to consult counsel, and that You are or were of right mind when You do
or did accept this Agreement. You further warrant and represent that You enter into this
Agreement without duress, coercion, or undue influence, and that there has been no
unconscionable conduct on the part of either party. You agree that the terms and
conditions of this Agreement are reasonable and freely bargained for, and You waive
any argument that any term or condition of this Agreement is unconscionable.
The terms of this section survive termination of this Agreement.
B. Warranty Disclaimers
1. You EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOU USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS. FUNGAMES EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY,
PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY
OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION
PROVIDED HEREUNDER, FUNGAMES’S EFFORTS, OR THE SITE WILL FULFILL
ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) FUNGAMES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER
COMMUNICATIONS.
(c) FUNGAMES IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE
CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE
OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR
UTILIZED IN THE SITE.
(d) FUNGAMES MAKES NO WARRANTY THAT:
(i) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE,
(ii) THE SITE WILL HAVE ANY PARTICULAR UPTIME OR MEET ANY RELIABILITY
MEASURES,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL
BE ACCURATE OR RELIABLE, OR
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET
Your EXPECTATIONS.
(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER,
MOBILE DEVICES, SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
FUNGAMES OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THIS AGREEMENT.
The terms of this section survive termination of this Agreement.
C. Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNGAMES SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
ANY AND ALL LOSSES, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF FUNGAMES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING
COMPROMISED;
(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE,
INCLUDING WITHOUT LIMITATION INFORMATION RELATED TO SERVICES
WITHIN THE APP; OR
(f) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION
CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING, FUNGAMES’s LIABILITY TO YOU SHALL
NOT EXCEED $500 IN ANY CASE, WHETHER SOUNDING IN TORT, CONTRACT,
OR ANY OTHER THEORY. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT
WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY
CLASS ACTION LAWSUIT AGAINST FUNGAMES ARISING OUT OF THE USE OF
THE SITE OR ARISING UNDER THIS AGREEMENT.
FUNGAMES SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON
THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS
Site.
The terms of this section survive termination of this Agreement.
VII. Survival
Any term of this Agreement that expressly indicates that it will survive the termination of
the Agreement, or that by its nature implies that it is intended to or reasonably should
survive this Agreement, shall survive the termination of this Agreement by either party.
VIII. Disputes
A. Forum and Venue
FUNGAMES’s principal office is in the State of Texas and the Site is controlled by
FUNGAMES from its offices within the State of Texas, United States of America. The
Site can be accessed from all 50 states, as well as from other countries around the
world. As each of these jurisdictions has laws and regulations that may differ from those
of Texas, by accessing the Site both You and FUNGAMES agree that the statutes and
laws of the State of Texas, without regard to conflicts of law principles thereof, will apply
to all matters relating to use of this Site, Content, the FUNGAMES Service, or this
Agreement (whether grounded in tort, contract, or any other theory in law or equity). An
exception is that FUNGAMES has the option to elect to proceed in whole or in part
against You in any court of competent jurisdiction in the state in which You are located if
FUNGAMES decides that doing so will be a more expedient way to resolve a dispute.
FUNGAMES proceeding in part in a court in Your state does not waive the venue and
jurisdictional agreements herein concerning other parts of the dispute or other disputes.
Your actual or threatened breach of any term of this Agreement will cause FUNGAMES
immediate, great, and irreparable injury without adequate remedy at law. You expressly
agree that a prima facie or presumptive initial showing of an actual or threatened breach
of this Agreement by You entitles FUNGAMES, in addition to FUNGAMES’s other
remedies and without waiving any of FUNGAMES’s rights and without a showing of
actual damages, to a temporary or preliminary injunction restraining the violation upon
posting a $500 bond, and to a permanent injunction upon the actual or threatened
breach being ultimately established.
This contract is fully performable in Dallas County, Texas. Any litigation arising between
the parties hereto shall be brought only in the state or federal courts having subject
matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally
consent to the jurisdiction of any such court and hereby irrevocably and unconditionally
waive any defense of an inconvenient forum to the maintenance of any action or
proceeding in any such court, any objection to venue with respect to any such action or
proceeding, and any right of jurisdiction on account of the place of residence or domicile
of any party thereto.
The terms of this section survive termination of this Agreement.
B. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS
FUNGAMES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND
EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE
NEGLIGENCE OF FUNGAMES OR THIS AGREEMENT, OR ARISING FROM OR
RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY
SITES LINKED TO THIS SITE.
The terms of this section survive termination of this Agreement.
IX. Notice
A. To You
Certain provisions of this Agreement may permit or require FUNGAMES to give notice
to You. You will be required to provide a valid and working e-mail address to sign up for
the FUNGAMES Service or to access certain portions of the Site. You represent and
warrant that this e-mail address is valid and that it is one You check regularly. You
hereby designate the e-mail address as the address at which You are to receive any
notice permitted or required by this Agreement. If you do not provide a valid e-mail
address as described in this paragraph, FUNGAMES’s duty to provide notice to you, if
any, is fulfilled by publishing appropriate notice on the Site. Any such notice will be
considered delivered to and received by You immediately upon delivery of an e-mail
containing the notice to the e-mail address or publication on the Site, even if You do not
receive, check, or read the e-mail or the notice on the Site, the notice is intercepted by a
spam filter or other similar program, or FUNGAMES receives a message indicating that
the transmission failed or that the e-mail address is invalid or no longer operational. It is
Your responsibility to ensure that You receive notices.
B. To FUNGAMES
Certain provisions of this Agreement may permit or require You to give notice to
FUNGAMES. Such notices may be provided via e-mail to support@fungamesapps.com
except where a specific provision states otherwise, or via regular mail. An e-mail
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