Notice

TERMS OF SERVICE

Best Fun Games, LLC Terms of Service

Best Fun Games, LLC develops and publishes games for mobile devices. In this policy, "Best Fun Games, LLC" may also refer to "Best Fun Games", "Best Fun Games LLC", "We" or "Us".

This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

This Terms of Service (“Agreement”) sets forth the legally binding terms for your use of any downloadable mobile application (including any related services provided by BEST FUN GAMES) offered by BEST FUN GAMES (“App”). By using any App, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not use any App and remove such App from your mobile device. This Agreement is the final, complete and exclusive agreement of you and BEST FUN GAMES with respect to the subject matters hereof (including the Apps) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements or Terms of Service). Your use of any App is also governed by our privacy policy [INSERT LINK] (“Privacy Policy”), which is incorporated into this Agreement. By agreeing to this Agreement, you agree to be bound by the terms of the Privacy Policy.

1. End User License Agreement

1.1 License

Subject to the terms of this Agreement, BEST FUN GAMES grants you a limited, non-transferable, non-exclusive, license to (a) use for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each App on a mobile device that you own or control for your use (the “License”).

1.2 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, (e) you shall not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any App, or any features or functionality of any App, to any third party for any reason, including by making any App available on a network where it is capable of being accessed by more than one device at any time; (f) you shall not use any robot, spider, or other automatic device, process, or means to access any App for any purpose, including monitoring or copying any of the material on any App; (g) you shall not use any manual process to monitor or copy any of the material on any App, or for any other purpose not expressly authorized in this Agreement, without BEST FUN GAMES’ prior written consent; (h) you shall not remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting any App or remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.

1.3 Local Laws

You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.

1.4 Modification

BEST FUN GAMES reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that BEST FUN GAMES will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.

1.5 Ownership

Apps provided to you are licensed to you and not sold. BEST FUN GAMES (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. BEST FUN GAMES and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to any App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. The BEST FUN GAMES name, logo, and the product names associated with the Apps belong to BEST FUN GAMES (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. BEST FUN GAMES (and its licensors, where applicable) reserve all rights not granted in this Agreement.

1.6 Ads

When you start or stop an App, it may display an ad. During gameplay, banner and/or interstitial ads may be displayed.

1.7 Collection and Use of Your Information

You acknowledge that when you download, install, or use any App, BEST FUN GAMES may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using any App or certain of its features or functionality, and the App may provide you with opportunities to share User Content. All information we collect through or in connection with any App is subject to the Privacy Policy. By downloading, installing, using, and providing information to or through any app, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

1.8 Updates

BEST FUN GAMES may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that BEST FUN GAMES has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) an App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. 

You shall promptly download and install all Updates and acknowledge and agree that an App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of an App and be subject to all terms and conditions of this Agreement.

2. User Content

2.1 User Content

“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by BEST FUN GAMES. BEST FUN GAMES is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not BEST FUN GAMES, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. BEST FUN GAMES is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of any App.

2.2 License; Non-Confidential

By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have the right to grant, to BEST FUN GAMES an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content on any App. Any User Content you post to any App will be considered non-confidential and non-proprietary.

2.3 Feedback

If you provide BEST FUN GAMES any feedback or suggestions (“Feedback”), you hereby assign to BEST FUN GAMES all rights in the Feedback and agree that BEST FUN GAMES shall have the right to use such Feedback and related information in any manner it deems appropriate without any attribution or compensation to you or any third party. BEST FUN GAMES will treat any Feedback you provide to BEST FUN GAMES as non-confidential and non-proprietary. You agree that you will not submit to BEST FUN GAMES any information or ideas that you consider to be confidential or proprietary. BEST FUN GAMES is not required to use any Feedback.

2.4 Acceptable Use Policy

The following sets forth BEST FUN GAMES’s¬ “Acceptable Use Policy”:

1. You agree not to use any App to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.

2. You agree not to use any App to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Apps (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or App or servers or networks connected to Apps (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any App.

2.5 Enforcement

We have the right to:

· Remove or refuse to post any User Content for any or no reason in our sole discretion.

· Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates this Agreement, including the Acceptable Use Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of any App or the public, or could create liability for BEST FUN GAMES.

· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of any App.

· Terminate or suspend your access to all or part of any App for any or no reason, including without limitation, any violation of this Agreement. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through any App. YOU WAIVE AND HOLD HARMLESS BEST FUN GAMES AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on an App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

2.6 Reliance on Information Posted

The information presented on or through any App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to any App, or by anyone who may be informed of any of its contents.

An App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BEST FUN GAMES, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BEST FUN GAMES. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

3. Term and Termination

3.1 This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the App, unless earlier terminated in accordance with this Agreement.

3.2 Notwithstanding the forgoing, if you used any App prior to the date that you accepted this Agreement, you hereby acknowledge and agree that this Agreement commences on the date you first use any App (whichever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use any App, unless earlier terminated in accordance with this Agreement.

3.3 We may (a) suspend your rights to use any App, and/or any related services or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated this Agreement, including, without limitation, the Acceptable Use Policy. Without limiting the foregoing, BEST FUN GAMES reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to BEST FUN GAMES by the copyright owner or the copyright owner’s legal agent.

3.4 Upon termination of this Agreement, your right to use the App and any rights or licenses granted hereunder will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. BEST FUN GAMES will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.2, 1.3, 1.4, 1.5, 2, 3.4, 4, 5, 6, 7, 8, 9, and 10.

4. Indemnity

You agree to defend, indemnify and hold harmless BEST FUN GAMES (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement. BEST FUN GAMES reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BEST FUN GAMES and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BEST FUN GAMES. BEST FUN GAMES will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. Third Parties

5.1 Application Stores. 

You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and BEST FUN GAMES and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Store’s terms and policies) when using App. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement. Notwithstanding the foregoing, Best Fun Games LLC does not have the ability to cancel or refund subscriptions, trials or purchases on your behalf. As such Best Fun Games LLC shall have no responsibility or liability for your continued subscription, trial, or other purchases. Cancellations can be handled in your mobile device settings or by contacting support for the relevant Application Store depending on your operating system and mobile device. Refund requests and other billing inquiries should be routed through the applicable Application Store support depending on your mobile device type.

5.2 Third Party Services

BEST FUN GAMES may permit certain third party applications (like leaderboards, game networks) to provide content through the App (“Third Party Services”). The App may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on their device. When you do so, BEST FUN GAMES will share information with the Third Party Service as described in the Privacy Policy. BEST FUN GAMES is not responsible for and does not control Third Party Services. BEST FUN GAMES provides these Third Party Services only as a convenience to you. BEST FUN GAMES has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. You use all Third Party Services at your own risk. When you access a Third Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Services.

5.3 Links from an App

If an App contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to an App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

5.4 Other Users

An App may contain User Content provided by other users of the App. BEST FUN GAMES is not responsible for and does not control User Content. BEST FUN GAMES has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that BEST FUN GAMES will not be responsible for any liability incurred as the result of any such interactions.

5.5 Release

You hereby irrevocably and unconditionally release and forever discharge BEST FUN GAMES, its affiliates (and their respective licensors, service providers, and suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Apps users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

6. Disclaimers

6.1 DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or any App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to any App for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, MOBILE DEVICE PROGRAMS OR OPERATING SYSTEM, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY APP OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF ANY APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH AN APP IS AT YOUR OWN RISK. EACH APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH AN APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEST FUN GAMES NOR ANY PERSON ASSOCIATED WITH BEST FUN GAMES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY APP. WITHOUT LIMITING THE FOREGOING, NEITHER BEST FUN GAMES NOR ANYONE ASSOCIATED WITH BEST FUN GAMES REPRESENTS OR WARRANTS THAT AN APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH SUCH APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY APP OR SERVER THAT MAKES AN APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH AN APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

6.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS SECTION 6 DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Limitation on Liability

7.1 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BEST FUN GAMES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON ANY APP OR SUCH OTHER WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OPERATING SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BEST FUN GAMES’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR BEST FUN GAMES’ PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID TO BEST FUN GAMES IN THE 12 MONTHS PRECEDING THE CLAIM OR INCIDENT (IF ANY). IN NO EVENT SHALL BEST FUN GAMES SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.

7.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

8. Fees

You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the App. BEST FUN GAMES may revise the pricing for the goods and services offered to you through the App at any time. YOU ACKNOWLEDGE THAT BEST FUN GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU CLOSE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE APP.

9. General

9.1 Changes to this Agreement

This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Apps. Continued use of our Apps following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.

9.2 Notice

Any notice provided to BEST FUN GAMES pursuant to this Agreement should be sent to https://bestfungamesllc.com/contact-us. 

9.3 Severability

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

9.4 Entire Agreement

This Agreement, together with the Privacy Policy, is the final, complete and exclusive agreement of you and BEST FUN GAMES with respect to the subject matters hereof (including all Apps) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior end user license agreement and terms of service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. Your relationship to BEST FUN GAMES is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without BEST FUN GAMES’ prior written consent, and any attempted assignment in violation of the foregoing will be null and void. BEST FUN GAMES may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.

9.5 Governing Law

All matters relating to any App and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

9.6 Arbitration

BEST FUN GAMES, in its sole discretion, may require you to submit any disputes arising from this Agreement or use of any App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

9.7 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9.8 Geographic Restrictions

The content and services provided through any App are based in the State of New York in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content and services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the content and services from outside the United States, you are responsible for compliance with local laws.

10. Apple Application Store Additional Terms and Conditions

The following additional terms and conditions apply to you if you are using an App from the Apple Application Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Apps from the Apple Application Store.

10.1 Acknowledgement: BEST FUN GAMES and you acknowledge that this Agreement is concluded between BEST FUN GAMES and you only, and not with Apple Inc. (“Apple”), and BEST FUN GAMES, not Apple, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.

10.2 Scope of License: The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.

10.3 Maintenance and Support: BEST FUN GAMES is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. BEST FUN GAMES and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App.

10.4 Warranty: BEST FUN GAMES is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BEST FUN GAMES’s sole responsibility.

10.5 Product Claims: BEST FUN GAMES and you acknowledge that BEST FUN GAMES, not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit BEST FUN GAMES’s liability to you beyond what is permitted by applicable law.

10.6 Intellectual Property Rights: BEST FUN GAMES and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, BEST FUN GAMES, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

10.7 Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10.8 Developer Name and Address: BEST FUN GAMES’s contact information for any end-user questions, complaints or claims with respect to App is set forth in Section 9.2.

10.9 Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using any App.

10.10 Third Party Beneficiary: BEST FUN GAMES and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

Agreement Version Date: January 15, 2024