Foonie Magus Pte. Ltd.
TERMS OF SERVICE
These terms and conditions, as amended from time to time (“Terms of
SECTION 1 - LICENSE
1.1 License Grant
1.2 Login Information and Account
The User may be required to select a password for Account or the User may also use other credentials to access the Account ("Login Information"). The User shall neither share the Account nor the Login Information, nor let anyone else access the User’s Account. In the event the User becomes aware of or reasonably suspects any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, the User must immediately notify Foonie and modify the User’s Login Information. The User is solely responsible for maintaining the confidentiality of the Login Information, and all uses of the Login Information, including purchases. The User is responsible for anything that happens through the Account. Foonie reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates a third party's rights.
1.3 License Restrictions
Unless otherwise authorized by this Agreement or Foonie in writing, the User shall not:
1.3.1 Sublicense, transfer, transmit, distribute, or permit usage of the Service to or by, any third party;
1.3.2 Engage in any act that Foonie deems to conflict with the spirit or intent of the Service or improperly use Foonie’s support services.
1.3.3 Reverse engineer, decompile, or disassemble, decipher any aspect of the Service and Foonie’s games, including setting up competing networks such as shadow servers, grey shards, or pirate servers;
1.3.4 Use illegal plug-ins or game emulators (including but not limited to the use of any keyboard, mouse or other hardware to simultaneously control multiple computers for gaming), or other “hardware cheats” to abnormally alter game efficiency or revenue data;
1.3.5 Harm minors in any way;
1.3.6 Impersonate any person or entity or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
1.3.7 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
1.3.8 Transmit, access or communicate any data that the User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
1.3.9 Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
1.3.10 Transmit or communicate any data that contains software viruses such as Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
1.3.11 Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing Foonie’s games. This includes but are not limited to win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
1.3.12 Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server used to offer or support the Service or any Foonie’s game environment.
1.3.13 Monitor traffic or make search requests in order to accumulate information about individual users;
1.3.14 "Stalk" or otherwise harass another person in Foonie’s game environment or when using the Service;
1.3.15 Unless otherwise approved by Foonie in writing, upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
1.3.16 Use the Service in any way related to gambling or illegal lotteries or illegal sweepstakes;
1.3.17 Harm the Service including but not limited to the using of any programs or other mechanisms to slow or "crash" the network or server used by Foonie;
1.3.18 Engage in any activity or install any software to facilitate activities which are or can be considered cheating or hacking so as to gain an advantage over other users as judged by Foonie;
1.3.19 Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or Foonie’s game;
1.3.20 Modify or cause to be modified any files that are a part of the Service or any Foonie’s game without Foonie’s express written consent;
1.3.21 Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;
1.3.22 Attempt to gain unauthorized access to (i) the Service, (ii) Accounts registered to others or (iii) Foonie’s computers, servers, or networks which are connected to the Service; by any means other than the user interfaces provided by Foonie, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
1.3.23 Transmit, communicate, or post any information or data or use the Service in such a way that is unlawful, harmful, hateful, harassing, vulgar, obscene, pornographic, abusive, threatening, obscene, defamatory, behaviour, overtly sexual or racially, ethnically sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behaviour, such as by repeatedly posting information on an unsolicited basis;
1.3.24 Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
1.3.25 Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, third parties, including Foonie’s employees as well as Foonie’s customer service representatives;
1.3.26 Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any of Foonie’s games;
1.3.27 Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information or transmit data that is invasive of another’s privacy through the Service;
1.3.28 Allow usage by others in such a way so as to violate this Agreement or in Foonie’s sole discretion to be unacceptable to Foonie.
Notwithstanding the above, Foonie reserves the right to determine what conduct it considers to be in violation of the rules of use. In respect of Section 1.3.4 above, given “hardware cheats” such as plug-ins and emulators are concealed and often disappear when used up, Foonie reserves the right to judge whether players have used illegal plug-ins, emulators or other malware based on game data and abnormal performance.
In addition, if the User exhibits other inappropriate behaviour, disrupt game operations or infringe upon Foonie and other users, Foonie reserves the right to hold the user accountable and administer penalties as Foonie sees fit (see Section 1.4 below). Foonie further reserves the right to take any action it deems fit as a result.
1.4 Punishment and Penalties
Punishment and penalties for violations mentioned in Section 1.3 above include but are not limited to:
1.4.1 Warnings: Warnings may be issued to a User as a deterrent depending on the severity of the violation.
1.4.2 Muting users: Some or all of the chat channels of the offending User may be closed, and the user account’s dialogue functions may be suspended. The ’User’s Account will no longer be able to communicate with other players until the penalty expires or is cancelled.
1.4.3 Temporary gameplay suspension: Game characters belonging to the offending User and/or partial game operations may be suspended until the penalty expires or is cancelled.
1.4.4 Permanent gameplay suspension: Game characters belonging to the offending User and/or partial game operations may be permanently suspended.
1.4.5 Temporary login ban: The User’s Account of the offending User will be temporarily unable to log in to games provided by Foonie until the penalty expires or is cancelled.
1.4.6 Permanent login ban: The User’s Account of the offending player will be permanently unable to log in to games provided by Foonie.
1.4.7 Force offline: The offending User may be forced to leave the current game and end the current game program.
1.4.8 Account suspension: The offending User’s Account may be temporarily or permanently suspended from Foonie game services.
1.4.9 File deletion: The offending User’s characters and game files may be deleted and prevented from appearing in the game world again.
1.4.10 Legal action: If the User’s improper behaviour causes damage to Foonie or other parties, or violates local laws and regulations, the offending player shall bear the corresponding civil, administrative or criminal liability in accordance with the law.
1.4.11 Disbanding organizations: Gangs, trade unions, factions and other organizations created by any User may be disbanded.
1.4.12 Modification of nicknames: Inappropriate names set by the player, including but not limited to names for characters, alliances, stores, machines etc. may be forcibly modified.
1.4.13 Temporarily restrict game services: The Account of the offending User will be restricted from using some game services for a certain period of time.
1.4.14 Transaction cancellation: Illegal transactions will be cancelled and paid virtual items from these illegal transactions will be confiscated.
1.4.15 Deduction of proceeds from illegal transactions: Virtual Items (as defined in Section 5.1 below) obtained by the offending User or both parties in the illegal transaction will be deducted.
1.4.16 Transaction suspensions: Game items obtained in illegal transactions may be temporarily suspended during the investigation period. If the offending Users do not violate the regulations again within the specified time limit, the corresponding virtual game items will be automatically unfrozen at the suspension expiration date. If the violation occurs again within the specified time period, the suspended items will be confiscated.
1.4.17 Game item suspension: Relevant functions of in-game items (including but not limited to use, trade, or sale) will be suspended if they were obtained unlawfully.
1.4.18 Confiscation of game items: Game items obtained by players by fraud or other violations will be confiscated.
1.4.19 Other punishment measures: including but not limited to confiscation of improper benefits (such as game virtual items obtained by players through improper means), deduction of values (including but not limited to experience points, etc.), forum posts deletions, forum account bans, temporary service interruptions, legal prosecutions, etc..
Notwithstanding the above, if Foonie restricts a User’s Account in accordance with this Section 1.4, the specific period of account closure shall be determined by Foonie according to the circumstances. During the suspension period, game currency, equipment, and other game items in the offending account may not be used. Virtual Items with a certain validity period may expire during the ban. After an offending Account is unbanned, the User will not be able to use the Virtual Items. Accordingly, User agrees that s/he will not pursue any legal liability of Foonie due to the loss of expired Virtual Items.
1.5 Game Bugs and Third-party Software Processing Rules
1.5.1 Users are obligated to report bugs that appear in the game to Foonie. Game bugs refer to loopholes or unreasonable phenomena in game systems, programs, settings, etc. It is strictly forbidden for Users to directly or indirectly use game bugs, program loopholes, etc. to profit or disrupt the game, or use bugs or loopholes for personal purposes. Users who have committed such actions, once verified, will be subject to the penalties as stipulated in Section 1.4 above.
1.5.2 Unlicensed third-party software refers to any file or program that can be used to gain advantages in the game, but is not part of the corresponding Foonie game software, including plug-in cheats and related auxiliary plug-ins (including but not limited to automatic upgrades, automatic behaviour, automatic medication, automatic completion of tasks, accelerators, simulated addition, battle blood display, or other operations beyond the game setting range). Foonie will impose severe penalties on users who use plug-in cheats and related auxiliary plug-ins as stipulated in Section 1.4 above.
1.5.3 Any external third-party software used simultaneously with Foonie game software may have an adverse effect on the game. External applications disrupt data transmission, causing Users to frequently disconnect or freeze. External application software may infect Users’ respective mobile devices (including but not limited to mobile phones, tablets), computers, etc., with viruses, spyware and other unknown programs. Third-party software may also steal personal information stored in game devices (including but not limited to mobile phones, computers and tablets). Users are therefore warned not to use third party software in conjunction with the use of the Service.
1.6 Technical Information; Monitoring; Privacy Issues
1.7 Rules for Handling Account Theft
To ensure that Users enjoy the game and have their legitimate interests protected, Foonie will severely punish actions including but not limited to theft of user accounts, game data, and player personal information; any assistance to hackers; theft of game characters, items etc. Once verified or upon the request of the competent authority, Foonie has the right to immediately take punishment measures such those stipulated in Section 1.4 above. Foonie reserves the right to pursue legal actions against any Users involved in serious cases.
In-game items transferred by Users from others who initially obtained them through theft or hacking will be confiscated and returned to their rightful owners. Foonie has the right to take back any stolen items that have been resold, even if the purchaser did not actively participate in account hacking.
For efficiency, Foonie may ask relevant Users to assist in the investigation during the process of verifying account theft, including but not limited to prohibiting login, online communication, offline communication, etc..
1.7.1 Users are expected to behave honestly in the game. Fraud refers to using false promises, fictitious facts, half-truths, misleading information, impersonation etc., to defraud other players’ game items or property. Fraud can also involve naming scams, impersonation of friends or game officials, etc.. Users who commit fraud will be subject to penalties as stipulated in Section 1.4 above
1.7.2 In-game items transferred by Users from others who initially obtained them through fraud will be confiscated and returned to their rightful owners. Foonie has the right to take back any defrauded items that have been resold, even if the purchaser did not actively participate in the fraud.
SECTION 2 – OWNERSHIP
2.1 Foonie’s Intellectual Property
Except for the revocable, limited license expressly granted hereunder, Foonie retains all rights, title and interests in and to all intellectual property rights associated with the Service and all copies thereof, use thereof by the User, and all world content and data in connection therewith including any information or data collected from the Users. These rights include, but are not limited to, all intellectual property and other rights in and to the User’s suggestions or comments, including those that may be used in modifying the Service. The Service is copyrighted and is protected by copyright laws of the Singapore (“Singapore”) and international treaty provisions as well as all other relevant and applicable laws. The User acknowledges that the Service contains valuable trade secrets of Foonie, and that Foonie and/or its licensors own all intellectual property rights in and to the Service, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. The User may not remove the copyright and other proprietary rights notices from the Service. The User agrees that this Agreement shall be retained with all copies of the Service and documentation constituting the Service. The User agrees to prevent any unauthorized copying or distribution of the Service. Except for the license as expressly provided herein, Foonie does not grant the User any express or implied right in any patents, copyrights, trademarks, or trade secret information of Foonie and/or its licensors.
2.2 Licensed Intellectual Property
Foonie, through arrangements with licensors, use the Service to incorporate certain external intellectual property (“Licensed Intellectual Property”) into the Service. This Licensed Intellectual Property shall remain the property of the licensors and any and all intellectual property rights thereto shall remain with the licensors.
2.3 Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Foonie’s game client, and the Foonie’s game clients and server software) are owned exclusively by Foonie. Foonie reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
Notwithstanding anything to the contrary herein, the User acknowledges and agrees that he or she shall have no ownership or other property interest in the Account, and the User further acknowledges and agrees that all rights in and to the account are and shall forever be owned by and inure to the benefit of Foonie.
2.5 Virtual Items
Foonie owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Foonie’s games. Notwithstanding any provision to the contrary herein, the User agrees that he or she has no rights to or titles in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Foonie’s game, whether earned in a game of Foonie’s or purchased from Foonie, or any other attributes associated with an Account or stored on the Service.
2.6 Third Party Sites
The Service may also be hosted on or served through certain third-party web sites. The User agrees to be responsible for reading and complying to the terms of such third-party web sites including SNSs.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Foonie is not responsible if information made available on its Sites are not accurate, complete or current. The materials appearing on the Sites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the materials on the Sites is at the User’s own risk.
The Sites may contain certain historical information. Historical information is not necessarily current and is provided for reference only. Foonie reserves the right to modify the contents of the Sites at any time, but it shall have no obligation to update any information on the Sites. The User thereby agrees that it is his/ her own responsibility to monitor changes to Foonie’s Sites.
The User understands that the Service is an evolving one. Foonie may require that the User accepts updates to the Service and to Foonie’s games which the User has installed on the User’s device or computer. The User acknowledges and agrees that Foonie may update the Service and Foonie’s games, with or without notifying the User. The User may need to update third party software from time to time in order to receive the Service and play Foonie’s games.
SECTION 4 – USER CONTENT
4.1 Submission of User Content
4.2 Content Screening
Foonie assumes no responsibility for the conduct of any User submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Foonie does not, and cannot, pre-screen or monitor all User Content. The User’s use of the Service is at the User’s own risk. By using the Service, the User may be exposed to User Content that is offensive, indecent or otherwise not in line with the User’s expectations. The User bear all risks associated with the use of any User Content available in connection with the Service. At Foonie’ discretion, Foonie’s representatives or technology may monitor and/or record the User’s interaction within the Service or communications (including without limitation chat text) when the User uses the Service.
By entering into these Terms of Service, the User hereby provides Foonie his /her irrevocable consent to Foonie’s monitoring and recording of User Content. The User acknowledges and agrees that he or she has no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
Foonie reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content without notice for any reason or for no reason at any time. If at any time Foonie chooses, in its sole discretion, to monitor the Service, Foonie nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. Foonie has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Content.
4.3 Information Use by Other Members of the Service
4.3.1 Public Disclosures
The Service may include various forums, blogs and chat features where the User can post User Content, including the User’s observations and comments on designated topics. Foonie cannot guarantee that other members will not use the ideas and information that the User shares. Therefore, if the User has an idea or information that the User would like to keep confidential and/or does not want others to use, the User should not post it on the Service. Foonie shall have no responsibility to evaluate, use or compensate the User for any ideas or information which the User may choose to submit.
4.3.2 Responsible For User’s Own Content
The Users are solely responsible for their own speech and actions and the information that each User posts on, through or in connection with the Service and that the User provides to others. Foonie may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Foonie violates these Terms of Service.
4.3.3 User’s License to Foonie
The User hereby grants to Foonie an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, the User’s User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. The User also hereby grants to Foonie the right to authorize others to exercise any of the rights granted to Foonie under these Terms of Service. The User further hereby grants to Foonie the unconditional, irrevocable right to use and exploit User’s name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to User. Except as prohibited by law, the User waives any rights of attribution and/or any moral rights which the User may have in the User Content, regardless of whether User Content is altered or changed in any manner. Foonie does not claim any ownership rights in the User Content and nothing in these Terms of Service is intended to restrict any rights that the User may have to use and exploit his or her User Content. Foonie has no obligation to monitor or enforce User’s intellectual property rights in or to any of the User Content.
4.3.4 User Interactions
The Users are solely responsible for the User’s interactions with other users of the Service and any other parties with whom User interact through the Service and/or Foonie games. Foonie reserves the right, but has no obligation, to become involved in any way with these disputes. The User will fully cooperate with Foonie to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Foonie access to any password-protected portions of User’s Account.
If the User has a dispute with one or more other users, the User releases Foonie (and Foonie’s and its subsidiaries’, joint ventures’ and affiliated corporations’ respective officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
4.3.5 Naming conventions
Although Users may name their characters, alliances, etc., Foonie does not permit the usage of names that denigrate a person or persons on the basis of membership in a social group identified by attributes such as race, ethnicity, gender, sexual orientation, religion, age, physical or mental disability, and others, as well as names that do not comply with local laws and regulations of your relevant jurisdiction
4.4 User Content Not to Contain Inappropriate Information
Obscenities, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial speech such as advertising are not allowed in-game conduct. Users who disseminate inappropriate information may be subject to any of the following penalties stipulated in Section 1.4 above. Inappropriate information include but are not limited to :
4.4.1 Game system impersonation: Any in-game behaviors whereby the player impersonates the game system to spread false information to other players.
4.4.2 Spam and illegal websites: Large number of repeated words and actions spreading the same or similar information, links to unknown websites and insubstantial content unrelated to the game may all be considered spam. Foonie also strictly forbids users from publishing or spreading derogatory, defamatory, or malicious misinformation about the game or Foonie.
4.4.3 Drugs and narcotics: Any speech or action related to illegal drugs is strictly prohibited.
4.4.4 Doxxing and harassment: Foonie prohibits speech or action involving violent behaviour outside the gaming world, as well as those involving personal information of other players or Foonie employees.
4.4.5 Seeking third parties to level up: Any speech or action seeking third parties to control your characters for the sake of levelling up (or any other unfair gaming practice) is prohibited.
4.4.6 Seeking offline trading: Users may only trade virtual items in the game or through trading platforms approved by Foonie. Foonie prohibits the promotion of purchases and transactions on platforms not pre-approved by Foonie. This includes but is not limited to purchases through third party platforms.
SECTION 5 – FEES AND PURCHASE TERMS
In the usage of the Service, the User may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or golds, all for use in Foonie’s games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). User are only allowed to purchase Virtual Items from Foonie or Foonie’s authorised partners through the Service, and not in any other way.
Foonie may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Foonie shall have no liability to the User or any third party in the event that Foonie exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, the User shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Foonie, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Foonie’s games is a service provided by Foonie that commences immediately upon acceptance by Foonie of the User’s purchase of the relevant Merchandise and/ or Virtual Items.
5.2 Payment of Fees
The User agrees to pay all fees and applicable taxes incurred by User or anyone using an Account registered. Foonie may revise the pricing for the goods and services offered through the Service at any time. THE USER ACKNOWLEDGES THAT Foonie IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT THE USER WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5.3 Dishonest purchase behavior
After User has successfully purchased Foonie’s Services and obtained the right to use the Virtual Items or value-added services (hereinafter collectively referred to as "recharge income"), if User has any misunderstandings, dissatisfaction, suggestions or other appeals about the Service, User can may contact Foonie (please refer to Section 14 below). If User performs a separate refund operation, User should immediately notify Foonie (please refer to Section 14 below) to deduct the corresponding recharge income; if the User still possesses the recharge service after the refund operation, it is a dishonest behavior, Foonie will impose severe crackdowns and penalties, including but not limited to one or more of the penalties stipulated in Section 1.4 above and take other measures to prevent users from engaging in such acts; if the circumstances are serious, Foonie reserves the right to pursue Users' legal liabilities.
SECTION 6 - DISCLAIMER OF WARRANTIES & LIABILITIES
6.1 No Warranty
THE USER ACKNOWLEDGES THAT THE SERVICE MAY WELL CONTAIN ERRORS AND DEFECTS. THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICE LIES WITH THE USER. SHOULD THE SERVICE PROVE DEFECTIVE FOLLOWING THE RECEIPT BY THE USER, USER AND NOT Foonie ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. WITHOUT LIMITING THE FOREGOING, Foonie DOES NOT ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.
6.2 No Liability For Damages
TO THE GREATEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL Foonie, ANY PARENT, SUBSIDIARY OR OTHERWISE RELATED COMPANY, OR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 No Support
Foonie does not provide any guaranteed support for the Service. However, Foonie may provide an e-mail address, certain documentation, and/or forum for the User to send any questions and/or comments regarding the Service. Foonie does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in documentation or response to User's e-mail(s) and/or board postings.
6.4 Loss of Content
User’s Account may experience abnormalities (ie with game characters, props, equipment or currency) due to bugs, version update defects, third-party virus attacks, or other factors. Before the cause of the data abnormality is found, Foonie has the right to temporarily freeze your game account. If data abnormality is caused by abnormal game behavior, Foonie has the right to restore User’s Account’s data to an earlier version prior to the abnormalities (including recovering the data transferred to a third party) without providing any compensation.
6.5 Cross Platform Issues
There are times when different operating systems are not interoperable. Foonie is not responsible for these situations, which may prevent your purchases and game data from being transferred smoothly from one operating system to another. Purchase and game data loss incurred when the User switches between different systems shall be borne solely by the User.
SECTION 7 - INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless Foonie and Foonie’s parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, damages or other losses, including reasonable attorneys’ fees, made by any third-party due to or arising out of or in connection with the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
SECTION 8 –
The User acknowledges and agrees that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy and that Foonie shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain the User, from such breach or threatened breach. Nothing in this Section shall be construed as preventing Foonie from pursuing any and all remedies available to it, including the recovery of money damages from the User.
SECTION 9 -SEVERABILITY
SECTION 10 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Service are effective unless and until terminated by either the User or Foonie.
10.1 Termination Consequences
At termination, the User shall erase all copies of the Service from the User's hardware. For any losses caused by the suspension or termination of all Services, Foonie shall not bear any responsibility to the User or any third party.
10.2 Service change, interruption or termination
To ensure the normal operation and development of games or services, Foonie has the right to change software (including but not limited for upgrades, updates, additions, reductions, interpretations, etc.) and related services and the content of this Agreement, and also has the right to terminate any software/related service/rights of this Agreement; if necessary, Foonie will publish new developments on Foonie’s website. Foonie recommends that Users regularly check the Sites for changes and terminations.
10.3 Foonie Initiated Termination
Should any of the following situations occur, Foonie has the right to suspend or terminate services without notifying the User:
10.3.1 User provides false personal information;
10.3.2 User violates any rules stipulated in this agreement.
10.3.3 User publishes illegal information, violate code of ethics or other laws and regulations
In addition to the provisions mentioned in the preceding paragraph, Foonie also reserves the right to suspend or terminate part or all of the Services and the grant of license herein at any time without prior notice for any reason or for no reason, in Foonie' sole and absolute discretion. Foonie may or may not provide written, electronic or emailed notice to User regarding termination of his/her Account. Notwithstanding the above, Foonie reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point User’s license to use the Service or a part thereof will be automatically terminated. In such event, Foonie shall not be required to provide refunds, benefits or other compensation to the User in connection with such discontinued Service. Termination of an User’s Account can include disabling access to the Service or any part thereof, including any content User submitted or others submitted.
10.4 User Initiated Termination
Users have the right to unilaterally decide to terminate the usage of Foonie software and related services and can uninstall the software at any time. If Foonie makes any changes to the software, related services or the content of this Agreement to which the User disagrees, the User may unilaterally stop using Foonie games and the Services immediately and uninstall the software. If the User continues to use the Services after changes are made to the Agreement, the User automatically agrees to accept any relevant changes.
SECTION 11 - ENTIRE AGREEMENT
SECTION 12 - FORCE MAJEURE
Foonie shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Foonie, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Foonie’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
SECTION 13 -
SECTION 14 - CONTACT INFORMATION
Questions about the Terms of Service (including those mentioned in Section 5.3 above) should be sent to us at in writing to either 50 Draycott Park, #25-02, The Draycott, Singapore 259396 or [email protected].