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End User License Agreement

USER TERMS & LICENSING

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON IN GAME, YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT PRESS THE “I AGREE” BUTTON IN GAME AND YOU CANNOT USE THE MOBILE APPLICATION.

​Who we are and purpose of this agreement
We, Funtime Games LLC, registered at 1500 N HALSTED FLOORS 2,3,4, Chicago, IL, 60642, United States, license you to use:

  • Funtime Games LLC mobile applications software (“Apps”) and any updates or supplements to it.
  • The related electronic documentation (“Documentation”).

as permitted in these terms.

Your privacy
We only use any personal data we collect through your use of the App in the ways set out in our privacy policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others.

Google Play and Apple’s App Store terms
All Google Play store and Apple’s App Store terms apply. The ways in which you can use the App and Documentation may also be controlled by Google Play’s/Apple App Store’s rules and policies (Google Play) (Apple) and Google Play’s/Apple App Store’s rules and policies will apply instead of these terms where there are differences between the two.

User Support for our Apps
If you want to learn more about the App or have any problems using it please email our support resources at help@funtimegamesllc.com. If we have to contact you, or you initiate contact with us, we will correspond by email, using the contact details you have provided to us.

Allowed Use of the App
In return for your agreeing to comply with these terms you may:

  • Download or stream a copy of the App onto your personal device (but not onto any device that does not belong to you) and view, use and display the App on such devices for your personal purposes only.
  • Use any Documentation to support your permitted use of the App.
  • Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

Terms
You must be 18 years of age or older to accept these terms, purchase any Funtime Games App, or make a purchase within any Funtime Games App.

We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it. Funtime Games will not be responsible for any misuse, damages or consequences of a user’s failure to comply with these Terms.

Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

Where we make a change to these terms we will do so by way of an update to the App. You may be required to accept the updated terms before being permitted to continue to use the App. Users who have not explicitly accepted updated terms are still agreeing implicitly to the updated terms by continuing to use the App. Check back to this user agreement regularly to be aware of the most up to date terms.

Updates to the App
From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Consequently, we may ask you to update the App for these reasons.

​Using devices you do not own
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

​Technical information collection
By using the App, you agree to Funtime Games collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.

​Links to third parties
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

​You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

License restrictions
You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without Funtime Games’ prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

​Acceptable use restrictions

You must:

  • not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App; and
  • not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

Furthermore, while we appreciate that accidental clicking of advertisement banners may happen, we suggest that unless you have a legitimate interest in the content which is being advertised within an advertisement that is placed within our Apps, you do not click on such advertisement.

Intellectual property rights
All intellectual property rights in the App and the Documentation are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these terms.

​Responsibility for Losses or Damages
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations and Rights
The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or any content linked to from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

​Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the Appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for your inability to use the App.

We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way.

If we end your rights to use the App and Services:

  • You must stop all activities authorized by these terms, including your use of the App.
  • You must delete or remove the App from all devices in your possession, immediately destroy all copies of the App which you have and confirm to us that you have taken these actions.

Transfer of Agreement
We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

​You need our written consent to transfer your rights or obligations to someone else.

Enforcement of this Agreement
If a court finds part of this contract illegal, unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. ​​

​Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect to your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These terms are governed by US law and you can bring legal proceedings in respect of the products in the US courts.