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Terms of Use

ABOUT US

Welcome to FunkyFunkyGames.com. We will be referred to as “FunkyFunkyGames”.
These Terms of Use apply to your use of FunkyFunkyGames web and mobile games
and other offered content, websites and any related services (including
servers, software and infrastructure) (hereinafter the “Service”). Use of the
Service is also governed by Arcade4Kid’s Privacy Policy or the Mobile Apps
Privacy Policy, which are incorporated herein by reference and can be found
here for web games and here for mobile games.
1.2. Please read these Terms of Use carefully before you use the Service. By
installing, using or otherwise accessing the Service you agree with the
applicability and content of these Terms of Use as well as the applicable
privacy policy. Certain parts of the Service, such as webpages or portals where
you can download games or pay for in-game credits, may include additional terms
and conditions from us or our suppliers, licensors or other third parties, that
supplement these Terms of Use. By using those services, you agree to comply
with such additional terms and conditions. If you do not agree to the Terms of
Use, the applicable Privacy Policy or additional terms and conditions, do not
to use the Service.

REGISTRATION AND ACCOUNT
2.1. Subject to your agreement and continuing compliance with these Terms of
Use and any other relevant policies and terms and conditions, FunkyFunkyGames
grants you a non-exclusive, non-transferable, non-sublicensable, revocable
limited license subject to the limitations below to access and use the Service
for your own non-commercial entertainment purposes. You agree not to use the
Service for any other purpose.
FunkyFunkyGames offers a great variety of games on its portals and on other
platforms such as application stores. These games are free to play unless
indicated otherwise. However, you are solely responsible for any costs you may
incur using the Service through any wireless or other communication service. In
certain games you may purchase virtual items (such as a virtual game element or
virtual coins) or a subscription to download a game. For the processing of any
payments on the FunkyFunkyGames Sites or any other platform, FunkyFunkyGames
may use third party payment providers as set out in Section 6.

2.2. You may create an account on the Service (“Account”). By creating an
Account, you confirm that you are 16 years of age or older.

2.3. A username is a unique identifier either selected by you or provided by
us, and is used to identify you on the Service. You may only have one account
on the FunkyFunkyGames Sites and one account per game. FunkyFunkyGames reserves
the right to delete any of your accounts, in case you have multiple accounts.
You may not sell, rent or give away your Account, create an Account using a
false identity or information, or on behalf of someone other than yourself.
Please notify us immediately if your Account has been unauthorized accessed and
modify your login details immediately. You are solely responsible for
maintaining the confidentiality of the login details, and for any purchases
made through your Account, whether or not authorized by you. If you provided us
with contact information, you shall keep it accurate and up-to-date. You shall
only use your Account for non-commercial purposes.

2.4. FunkyFunkyGames reserves the right to terminate and permanently
deactivate your Account if it has been inactive for 180 days. In case of
deactivation, we have no obligation to retain or provide any data or content
related to, or refund any payments made through your (former) Account, and we
may allow another user to register and use your former username. We also have
no obligation to remove any public data, content, or other information that you
uploaded or posted on the Service.

2.5. Without limiting any other remedies, FunkyFunkyGames may limit, suspend
terminate, modify, or delete accounts or access to the Service or portions
thereof if you are, or FunkyFunkyGames suspects that you are failing to comply
with the Terms of Use or for any actual or suspected illegal or improper use of
the Service, without notice to you. FunkyFunkyGames is under no obligation to
compensate you for any losses or results related to this, including but not
limited to any benefits, privileges or virtual items associated with your use
of the Service.

USER GENERATED CONTENT
3.1. The Service may contain content from players (“User Generated Content”),
such as messages, wall posts, opinions comments, pictures, or graphics. We are
not actively involved in the creation nor publication of such User Generated Content,
and we do not endorse any User Generated Content, nor do we warrant that such
content does not infringe any third party rights or is not (otherwise)
unlawful. Your use of the Service is at your own risk. By using the Service,
you may be exposed to User Generated Content that is offensive, indecent or
otherwise not in line with your expectations. You bear all risks associated
with the use of any User Generated Content available in connection with the
Service. FunkyFunkyGames is not responsible nor liable for any User Generated
Content. We do however appreciate it if you report any irregularities that you
encounter regarding User Generated Content via [email protected].
More information can be found here for web games and here for mobile games. We
may subsequently take action against the reported User Generated Content, as we
deem – at our own discretion – appropriate under the given circumstances.
3.2. If you submit any User Generated Content yourself, you grant FunkyFunkyGames
a non-exclusive, irrevocable, perpetual, transferable, fully paid-up,
royalty-free, worldwide license (including the right to sublicense and assign
to third parties) to use, publish, reproduce, distribute, adjust, prepare
derivative works of, or otherwise exploit in any manner whatsoever such
submitted User Generated Content, or any portion thereof, by any and all means
and in all forms of media, now known or hereafter developed. To the extent
permitted by applicable laws, you hereby waive any moral rights or rights of publicity
or privacy you may have regarding such User Generated Content.

3.3. Without prejudice to 3.2, you will retain possible ownership in your
User Generated Content. We reserve the right to monitor any User Generated
Content and your activities in connection with the Service, but cannot monitor
or prescreen all of the User Generated Content and do not attempt to do so. We
have the right, but not the obligation, to edit, refuse to post, or remove any
User Generated Content posted on the Service at our own discretion, for any
reason whatsoever at any time.

3.4. If you submit any User Generated Content to the Service, you:

acknowledge and agree that every user of the Service may have access to such
User Generated Content, and that FunkyFunkyGames has no control over that
information or what users do with it;
warrant that you are authorized to do so and to grant FunkyFunkyGames the
license referred to in 3.2, and that such content does not infringe any third
party rights, including but not limited to any intellectual property rights,
and does not violate any applicable law. You indemnify FunkyFunkyGames against
any third party (among which any authorities) claims, related costs and damages
in this respect.
3.5. Upon first request, you will cooperate with FunkyFunkyGames to investigate
any suspected unlawful, fraudulent or improper User Generated Content (whether
from yourself or another player) or other activities on the Service. You
indemnify FunkyFunkyGames and its officers, directors, agents, subsidiaries, joint
ventures and employees) against any claims, related costs and damages arising
out of or in any way connected with any disputes with Service users or other
third parties that may arise on, or in connection with the Service.

ADVERTISEMENTS AND THIRD PARTY CONTENT
4.1. When providing you with our games on the Service we may display
advertising before, in, after or around such games. Any dealings you engage in
with any advertisers via our Service are between you and the advertiser, and
subject to additional terms and conditions from such advertiser (if any). FunkyFunkyGames
is not liable for any loss or claim you may have against any advertiser.
4.2. The Service may include links to websites of third parties, including
links provided as automated search results. The existence of such links does
not mean that we endorse these third-party sites or services. You acknowledge
and agree that we are not responsible or liable for any content or other
materials on these third-party sites.

CONDUCT ON THE SERVICE
5.1. You may use the Service offered on it only for lawful, personal,
non-commercial purposes. To the extent any content is available for
downloading, such content may only be downloaded for personal use, and may not
be further reproduced or distributed. Any download is subject to the rules that
accompany that particular content.
5.2. You may not:

engage in any act that FunkyFunkyGames deems to be in conflict with the
spirit or intent of the Service
use cheats, exploits, automation software, bots, hacks, mods or any
unauthorized third-party software designed to modify or interfere with the
Service.
use the Service in a manner that exceeds the rights granted for your use;
use the Service for any data mining, robots, or similar data-gathering and
-extraction tools on the content; frame any portion of the Service
reproduce, copy, adjust, display, modify, translate, port, publish,
(sub)license, transfer, or otherwise distribute or exploit the content
available on the Service without our prior written consent;
reverse engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for any underlying software or other intellectual
property used to provide the Service, or to obtain any information from the
Service using any method not expressly permitted by FunkyFunkyGames.
offer any form of advertising or promotion on the Service without our prior
written consent;
provide any false personal information, or any information, content, or
material on account of a third party without permission;
transmit, directly or indirectly, any unsolicited bulk communications
(including emails and instant messages) through the Service;
use the Service in a manner that could damage, disable, or overburden our
servers or networks;
interfere with any other party’s use and enjoyment of the Service; or
circumvent any mechanisms included in the Service for preventing the
unauthorized reproduction or distribution of any content on the Service.
5.3. You may not submit or transmit through the Service any information, content,
or material or otherwise engage in any conduct that:

violates or infringes the rights of others, including, without limitation,
patent, trademark, trade secret, copyright, publicity, or other proprietary
rights;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortuous, contains explicit or
graphic descriptions or accounts of sexual acts, or is pornographic;
victimizes, harasses, degrades, or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
impersonates any person, business, or entity, including FunkyFunkyGames and its
employees and agents;
contains viruses or any other computer code, files, or programs that interrupt,
destroy, or limit the functionality of any software or hardware or
telecommunications equipment, or that otherwise permit the unauthorized use of
a computer or computer network;
encourages conduct that would constitute a criminal offense or give rise to
civil liability; or
otherwise violates these Terms of Use, guidelines, or any policy posted on the
Service.

FunkyFunkyGames reserves the right to determine what conduct it considers to
be in violation of the Terms of Use or otherwise outside the intent or spirit
of these Terms of Use. FunkyFunkyGames reserves the right to take action as a
result, which may include terminating your Account and prohibiting you from
using the Service in whole or in part.

VIRTUAL ITEMS AND IN-GAME PURCHASES
6.1. Within certain games on the Service you may purchase a limited, personal,
non-transferable, non-sublicensable, revocable license for virtual items (such
as a virtual game element or virtual coins), game progress, or a subscription
to (download) a game (hereinafter together referred to as “Paid Services”),
provided that you have registered an Account on the Service. You may only
purchase Virtual Items from us or our authorized partners through the Service,
and not in any other way. FunkyFunkyGames may manage, regulate, control,
modify, eliminate or change the price of virtual items and/or services at any
time, with or without notice. FunkyFunkyGames shall have no liability to you or
any third party if FunkyFunkyGames exercises any such rights. The transfer of
virtual items is prohibited except where expressly authorized in the Service.
Other than as expressly authorized in the Service, you shall not sell, redeem
or otherwise transfer virtual items to any person or entity, including but not
limited to FunkyFunkyGames, another user or any third party.
Any purchases via the Service require you to enter into an agreement with
either FunkyFunkyGames or the relevant Payment Service Provider (“PSP”) to
carry out the payment (you will see on the payment screen which PSP you are
concluding the transaction with). As a parent/legal guardian you are
responsible for any payments made via credit card or other payment instrument
(e.g. phone, SMS, Paypal) on the Service by a minor.
6.1.1. If the agreement is entered into with a PSP, FunkyFunkyGames will never
be held responsible for the communication between you and the PSP, and all
information that you exchange with the PSP will be subject exclusively to the
privacy policy and/or other terms and conditions of that PSP. Some PSP’s allow
preapproved recurrent payments and you agree to any terms and conditions that
such PSP may set out for such recurring payments. For the avoidance of doubt, FunkyFunkyGames
is not, and will not become a party to your agreement with an PSP. By using a
PSP for payments on the Service you indemnify FunkyFunkyGames against reclaimed
payments or other claims the PSP may have as a consequence of the
non-performance of payment. In the event you pay via credit card, you may opt
to enable the 1-click payment option if offered by your credit card provider.
By enabling this option and using it you agree to all terms and conditions set
by the payment provider and your credit card provider for the use of this
option. FunkyFunkyGames accepts no liability for the use of this payment
option.

6.1.2. All information that we receive from you in the context of payments
and supplying services on the Service are subject to the relevant FunkyFunkyGames’
privacy policy. You agree to pay all applicable taxes and costs associated with
your Account or anyone using an Account registered to you.

6.2. If you purchase Paid Services via the Service, you will have no right
to cancel your purchase and claim back any payments as your use commences upon
supply, regardless of the moment your first spent your virtual items in a game.

6.3. FunkyFunkyGames and/or its licensors may manage, regulate, control,
modify or eliminate Paid Services at any time, with or without notice. FunkyFunkyGames
and/or its licensors shall not be liable to you or any third party in such
event.

6.4. Once a payment has been made for a Paid Service via the Service, there
is no right to a refund. FunkyFunkyGames reserves the right to cancel and
delete all, or a part of (the balance of) the Paid Services you purchased on
the Service if:

you have not used your Account for 180 consecutive days, as referred to in
2.4 above;
if we do no longer offer the content or Service that the (balance of) the Paid
Services relates to, subject to prior notice by FunkyFunkyGames to that extent;
you fail to comply with these Terms of Use.

There is no right for refund or other compensation for unused Paid Services
in this respect.

If a Paid Service becomes unavailable following a transaction but prior to
download, your sole remedy is limited to a refund of the price paid for the
unavailable virtual product. If technical problems prevent or unreasonably
delay delivery of your virtual product, your exclusive and sole remedy is
either replacement or a refund of the price paid, as determined by FunkyFunkyGames.

We will accept your return of products that are not virtual products (e.g.,
virtual goods, subscriptions and game progress are virtual products) purchased
through the Service as long as the products and packaging are returned in their
original condition within thirty (30) days of shipment to you. When we ship you
physical products, we will include a return authorization form that you need to
enclose along with anything you send back to us. Virtual products are
non-refundable, and non-returnable except, in our sole and absolute discretion.

PROPRIETARY RIGHTS
7.1. The Service includes a variety of content, marks, data, works, and material
of FunkyFunkyGames and third parties (hereinafter together referred to as the
“Content”), including but not limited to logo’s, trademarks, look & feel,
trade names, software, games, layouts, information, text, data, music, video,
images, scripts, designs, graphics, button icons, instructions, and
illustrations.
Unless otherwise specified in writing, all Content is owned, controlled, or
licensed by FunkyFunkyGames or its licensors. All Content is copyrighted under
copyright laws and/or other intellectual property laws protecting it from
unauthorized use. The Trademarks, the logos and designs may not be used without
FunkyFunkyGames express written permission. You agree not to copy,
redistribute, publish or otherwise exploit any Content in violation of the
intellectual property rights of FunkyFunkyGames or any other third party.

Notwithstanding anything to the contrary herein, you acknowledge and agree
that you shall have no ownership or other proprietary rights in the Account.
All right in and to the Account are and shall remain owned and inure to the
benefit of FunkyFunkyGames.

7.2 We may make Content available for you to download or use. Such Content
will be subject to the terms of the license agreement that accompanies it. If
there is no license agreement presented to you with the Content, then the
following license, in addition to the other terms of these Terms of Use, shall
govern your use of such Content. We grant you a personal, nonexclusive,
nontransferable, limited license to install the Content on any single computer
or device. The Content is protected by copyright and other intellectual
property laws and treaties and is owned by us or our licensors. You may not
sell or redistribute the Content. You may not incorporate it or any portion of
it into another product. You may not reverse engineer, decompile, or
disassemble the software or otherwise attempt to derive the source code (except
where expressly permitted by law). You may not modify, adapt, or create
derivative works from the software in any way or remove proprietary notices in
the software. You agree to abide by all laws and regulations regarding your use
of the Content. You may not authorize or assist any third party to do any of
the things prohibited in this paragraph. We may automatically check your
version of the Content and update it to improve its performance and
capabilities. If you shut down the Content during an automatic update or
otherwise interfere with the installation of the update, the content may be
damaged and/or cease to operate.

7.3 The Service is continuously evolving and FunkyFunkyGames may require
that you accept updates to the Content and the Service. Such update may take
place with and without notification.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
8.1 We provide the Service ‘AS IS’, with all faults and as available. We and
our licensors make no express warranties or guarantees about the Service. FunkyFunkyGames
is not obligated to supply any support whatsoever. To the extent permitted by
law, we and our suppliers disclaim implied warranties that the Service is
merchantable, of satisfactory quality, accurate, timely, fit for a particular
purpose or need, and non-infringing. We do not guarantee that the Service will
meet your requirements or will be error-free, reliable, without interruption,
or available at all times. We do not guarantee that the results that may be
obtained from the use of the Service (including any support services) will be
effective, reliable, or accurate or will meet your requirements. We do not
guarantee that you will be able to access or use the Service (either directly
or through third-party networks) at times or locations of your choosing. No
oral or written information or advice given by a representative of FunkyFunkyGames
shall create a warranty. We may discontinue or change any service or feature of
the Service at any time and without notice. You may have additional consumer
rights under your local laws that this contract cannot change and that FunkyFunkyGames
will adhere to.
8.2. Your sole and exclusive remedy for any dispute with us is to discontinue
your use of the Service. In no event shall our liability (or the liability of
our parent company or our suppliers) for any and all claims relating to the use
of the Service exceed the total amount of payments that you made to us during
the six (6) months immediately preceding the event giving rise to the dispute.
You acknowledge and agree that if you have not paid anything to FunkyFunkyGames
during such time period, your sole remedy (and FunkyFunkyGames exclusive
liability) for any dispute with FunkyFunkyGames is to stop using the Service
and to deactivate your Account. If such remedies are deemed insufficient under
any applicable law, FunkyFunkyGames liability is instead limited to the lesser of
500 Euros or the minimum amount required by law. FunkyFunkyGames, ITS
AFFILIATES, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA
OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE
QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO AND USE OF
THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS OF USE OR ANY APPLICABLE
ADDITIONAL TERMS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT FunkyFunkyGames HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Because some countries, states, or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental
damages, in such countries, states, or jurisdictions, our liability (and the
liability of our parent and suppliers) shall be limited to the extent permitted
by law.

8.3. We make no representation that any Service is appropriate or available
for use in locations outside the Netherlands. If you choose to access the
Service from a location outside the Netherlands, you do so on your own
initiative and you are responsible for compliance with local laws.

The foregoing does dot prejudice the limitations of liability and the
indemnifications, elsewhere in these terms conditions.

8.4. If in your view any copyright or other intellectual property right (“IP
right”) that you may have is being infringed by/on the Service, please inform
us of hereof immediately, thereby providing us with:

the electronic or physical signature of the owner of the IP right or the
person authorized to act on the owner’s behalf.
a description of the IP right that you claim has been infringed and a
description of the infringing activity.
identification of the location where the original or an authorized copy of the
copyrighted work exists, for example the URL of the website where it is posted
or the name of the book in which it has been published or in case of a
registered brand name, an excerpt of such register evidencing the registry.
if you are not the owner of the IP right, a copy of a license in which you are
granted the right to use and to protect such IP right.
identification of the URL or other specific location on this site where the
material that you claim is infringing is located; this information must be
specific enough in order to enable us to localize such material.
your name and full contact details.
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law.

INDEMNIFICATIONS
Except for, and without prejudice to your full liability and indemnification
obligations set forth in this Agreement, FunkyFunkyGames shall not be liable
for any lost profits, or any form of special, incidental, indirect,
consequential or punitive damages arising out of or related to this agreement.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and
our parent and other affiliated companies as well as any respective employees,
contractors, officers, directors, and agents from all liabilities, claims, and
expenses, including attorney’s fees that arise from your use or misuse of the
Service. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with us in asserting any available defenses.

MISCELLANEOUS
10.1. This contract and any supplemental terms, policies, rules, and guidelines
posted on the Service constitute the entire agreement between you and us and
supersede all previous written or oral agreements. If any part of these Terms
of Use is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in
full force and effect.
10.2. You agree that we may electronically provide to you required notices,
agreements, and other information concerning the Service. If you no longer
agree to receive notices electronically, please cease using the Service and/or
expunge the Service from your computer or device.

10.3. We may change these Terms of Use and will provide notice thereof via
the Service. The most recent version of these terms shall at all times be
accessible via the Service. You are responsible for checking these Terms of Use
periodically for changes. If you continue to use the Service after the changes
to these Terms of Use have come into force, you are signifying your acceptance
of the new terms.

10.4. These terms and conditions are governed by Dutch law. Any claims or
dispute that may arise in connection with these terms and conditions or the use
of the Service will be submitted to the competent court in Amsterdam, the
Netherlands, unless otherwise agreed upon by FunkyFunkyGames and/or another
dispute resolution forum is available pursuant to mandatory consumer law. If a
dispute arises between you and FunkyFunkyGames, we strongly encourage you to
first contact us directly to seek a resolution. You can contact us via [email protected].

10.5. FunkyFunkyGames shall not be deemed in default hereunder for any cessation,
interruption or delay in the performance of its obligations due to causes
beyond its reasonable control, including but not limited to: earthquake, flood,
or other natural disaster, act of God, labor controversy, civil disturbance,
war (whether or not officially declared) or the inability to obtain sufficient
supplies, transportation, or other essential commodity or service required in
the conduct of its business, or any change in or the adoption of any law,
regulation, judgment or decree (each a “Force Majeure Event”).

10.6. You acknowledge that the rights granted and obligations made under
these Terms of Use to FunkyFunkyGames are of a unique and irreplaceable nature,
the loss of which shall irreparably harm FunkyFunkyGames and which cannot be
replaced by monetary damages alone so that FunkyFunkyGames shall be entitled to
injunctive or other equitable relief (without the obligations of posting any
bond or surety or proof of damages) in the event of any breach or anticipatory
breach by you.

You irrevocably waive all rights to seek injunctive or other equitable
relief, or to enjoin or restrain the operation of the Service or any of FunkyFunkyGames
games, exploitation of any advertising or other materials issued in connection
therewith, or exploitation of the Service or any content or other material used
or displayed through the Service and agree to limit your claims to claims for
monetary damages.