We may update this T&C from time to time without notice to you. You can review the most current version of the T&C at any time at http://www.clickfun.com/terms_cf.php, and you agree to do so periodically. No amendment to this agreement shall be possible unless hand signed in writing by you and by Clickfun. For this purpose "writing" does not include email, and "signed" does not include electronic signature.
By using the Services you confirm that you are at least 13 years of age. If you are aged between 13 and 18, you confirm that you have the consent of your legal guardian to use the Services, and that your legal guardian has reviewed and agrees to this T&C.
2. DESCRIPTION OF SERVICES
The Services include games and other website and internet and related content. You understand and agree that the Services may include advertisements and that these advertisements are necessary for Clickfun to provide the Services. You also understand and agree that Services may include communications from Clickfun such as administrative announcements, newsletters, and service announcements. Unless explicitly stated otherwise, any new features or Services that enhance, augment, or otherwise change Services shall be subject to the T&C. You understand and agree that the Services are provided "AS-IS" and that Clickfun assumes no responsibility for the failure to deliver Services. You understand and agree that our Services require you to become a member of Clickfun ("Member") and such membership requires further terms and conditions, described herein. Membership is free. Services are strictly for entertainment purposes and may not be used in connection with any form of gambling.
3. GENERAL PROVISIONS
Clickfun is controlled and operated from the Isle of Man. We make no representation that Clickfun Services are appropriate or available for use in any particular location. Those who choose to access the Clickfun Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This T&C shall be governed by and construed in accordance with the laws of the Isle of Man, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Isle of Man, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Upon termination, you must cease use of the Clickfun Services, and shall lose access to any and all benefits of use of the service, including but not limited to paid and free content obtained or unlocked by you in the use of the Service. In such event, no refund or credit will be paid or granted to you, and you may not subsequently access the Services again without our explicit permission.
3.5 RESTRICTIONS ON USE OF MATERIALS
All materials contained in the Clickfun Services are the copyrighted property of Clickfun or its parent, subsidiary or affiliated companies, licensees and/or third-party licensors. All trademarks, service marks and trade names are proprietary to Clickfun or its parent, subsidiary or affiliated companies, licensees and /or third party licensors. No material from the Clickfun Services may be modified, copied, reproduced, republished, uploaded, posted, transmitted, decompiled, disassembled, reverse engineered rented, framed, scraped or distributed in any way.
3.6 CONTENT LINKED TO THE CLICKFUN WEBSITE
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites linked to the Clickfun website.
THE MATERIALS IN THE CLICKFUN Services ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CLICKFUN Services IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found within the Clickfun Services. We cannot ensure that you will be satisfied with any products or Services that you purchase from a third-party site that links to or from the Clickfun website or third-party content on our site. We do not endorse any of the merchandise or Services, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
3.9 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CLICKFUN Services, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE Clickfun WEBSITE.
3.10 LIMITED LICENSE OF USE
Subject to your agreement and ongoing compliance with this T&C, Clickfun grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services, subject to all other limitations thereof contained herein.
You agree to that this license grants you use of the Services for entertainment purposes only, and that you will not use the Services for any other purpose whatsoever. Where use of the Service is legally prohibited, no license shall be granted to you.
3.11 USER CONTENT
You agree that any and all content uploaded or published by you in the use of the Services is done so by means of technology and tools provided by Clickfun, and that having done so you are giving Clickfun unlimited worldwide rights to the use of such content for any and all commercial or other purposes. You represent that you have full legal title to any such content, and that you upload and publish such content willingly, legally and without claim for compensation.
In the event that you do not own the content that you upload, you indemnify Clickfun against any and all damages arising as a result. Clickfun reserves the right to amend or remove at its sole discretion any content that you upload or publish through the use of the Services.
4. ELIGIBILITY AND YOUR OBLIGATIONS
4.1 Services may only be used by Clickfun Members.
4.2 Participation in Services constitutes Member's full and unconditional agreement to this T&C.
4.3 You shall not create an account on the Service ("Account") if you are under the age of 13. You shall monitor your Account to ensure no access by children under the age of 13.
4.4 You shall not rent, lease, trade, exchange, gift, donate, sell or otherwise transfer your account to any other person without our permission, not shall you access or use any other person's account without our permission.
4.5 Use of automated systems (e.g. robots) is prohibited. One (1) membership per person is allowed.
4.6 It is the Member's responsibility to notify Clickfun if his/her email address changes.
4.7 Members are responsible for maintaining the confidentiality of their password and account and you are thus fully responsible for all activities that occur under your password or account. You agree that you will ensure that you logout from your account at the end of each session, and that you are responsible for all activity on or through your account, whether or not undertaken by you.
4.8 You understand that Clickfun does not control communication to you from other Members via our Services and, as such, does not guarantee the privacy, accuracy, integrity or quality of such communication. You understand that by using Services you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Clickfun be liable in any way for any content contained within Member-to-Member communication.
4.9 You agree not to use Services to communicate to other Members in any manner that is threatening, harmful, unlawful, abusive, harassing, defamatory, vulgar, libelous or obscene, or that impersonates any person or entity including, but not limited to, a Clickfun official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity. You further agree not to use Services to communicate to other Members in any way that makes available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation. You further agree not to use Services to communicate to other Members in a manner that disrupts the normal flow of communication or otherwise act in a manner that negatively affects other Members' ability to engage in real time exchanges. You acknowledge that Clickfun may or may not pre-screen communications via its Services, but that Clickfun and its designees shall have the right, but not the obligation, in their sole discretion to prescreen or refuse any communication available via the Services.
4.10 You understand and agree that Clickfun may access, preserve and disclose your account information and activity if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce this T&C, respond to your requests for customer service or protect the rights, property or personal safety of Clickfun employees, Members or the public.
4.13 You agree to abide by the letter and the spirit of these T&C, and shall not manipulate or circumvent these T&C and / or the game rules or otherwise do anything to undermine the integrity or credibility of Clickfun and / or the enjoyment and entertainment of other Clickfun users.
4.14 You understand and agree that your username, user ID number and user profile picture may be publicly available and that search engines may index and publish this data. You agree that Clickfun reserves the right to amend, reclaim or remove your username at any time for any reason.
4.15 Failure to comply with these T&C will void the Member's membership with Clickfun.
5. IN-GAME TOKENS, POINTS, BADGES, ACHIEVEMENTS AND ANY OTHER IN-GAME CURRENCIES AND GOODS
5.1 The Services includes virtual, in-game currencies ("virtual currencies") referred to in-game as Coins. Coins may be purchased from Clickfun for real money. The Services may also include virtual, in-game digital items such as upgraded games, game features, badges and achievements ("virtual goods") that may be purchased from Clickfun for real money or for virtual currency. By using the Services you agree that virtual currency and virtual goods may never be redeemed or exchanged for real money, goods or other items of monetary value from Clickfun or any other party.
5.2 Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the virtual goods or virtual currency in the Services, you have no right or title in or to any such virtual goods or virtual currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services.
5.3 Clickfun has the absolute right to manage, regulate, control, modify and/or eliminate such virtual currency and/or virtual goods as it sees fit in its sole discretion, and Clickfun shall have no liability to you or anyone for the exercise of such rights.
5.4 Transfers of virtual currencies and virtual goods are strictly prohibited except where explicitly authorized within the Services. Outside of the game, you may not buy or sell any virtual currency or virtual goods for real money or otherwise exchange items for value. Any attempt to do so is in violation of this T&C and may result in a lifetime ban from Clickfun and possible legal action.
5.5 You agree that all sales of virtual goods and currencies are final. No refunds will be given, except in our sole and absolute discretion. All virtual goods and currencies are forfeited if your account is terminated or suspended for any reason, in Clickfun's sole and absolute discretion, or if Clickfun discontinues providing the Services.
Please read and agree to these Software Agreement terms and conditions before using the game software on the Clickfun website. Use of the Clickfun software signifies your agreement with these terms and conditions.
7. FRAUDULENT ACTIVITIES AND SYSTEM ERRORS
Clickfun has a zero tolerance policy towards inappropriate play and fraudulent activity. If, in Clickfun's sole determination, you are found to have cheated or attempted to defraud Clickfun or any Clickfun Member in any way, including but not limited to game manipulation and collusion, Clickfun reserves the rights to suspend and/or terminate your Membership.
You must inform us as soon as possible as you become aware of any errors with respect to your account or any calculations with respect to our Services. In the event of any system failure or game error, Clickfun will seek to place all parties in the position they were in before the error occurred. Clickfun reserves the right to declare null and void any Services including, but not limited to game and tournament outcome, due to system failure.
If there is a discrepancy between the result showing on the Clickfun software(as operating on your hardware) and our server, the result showing on our server shall govern the result of the Service. Moreover, you understand and agree that Clickfun records shall be the final authority in determining the terms of your participation in Service, the activity resulting therefrom and the circumstances in which they occurred.