Updated July 8, 2019
PLEASE READ THESE TERMS OF SERVICE (THESE "TERMS") CAREFULLY. BY ACCESSING OR USING THE WEB SITE LOCATED AT WWW.MAKINGFUN.COM (THE "SITE") OR THE ONLINE SERVICE OFFERED BY MAKING FUN, INC. ("MAKING FUN", "WE," "US," OR "OUR"), WHICH INCLUDES, AMONG OTHER THINGS, GAME-SPECIFIC WEB SITES LINKED DIRECTLY FROM THE SITE, SOFTWARE OWNED OR CONTROLLED BY MAKING FUN THAT YOU HAVE DOWNLOADED OR ARE ABOUT TO DOWNLOAD, HAVE EMBEDDED OR ARE ABOUT TO EMBED, ANY APPLICATIONS OWNED OR CONTROLLED BY MAKING FUN THAT YOU HAVE ACCESSED THROUGH MAKING FUN OPERATED WEBSITES, THIRD PARTY GAMING OR SOCIAL NETWORKING SITES, OR THIRD PARTY MOBILE DEVICE APP STORES, AND ANY SOFTWARE RUNNING ON MAKING FUN's SERVERS (COLLECTIVELY, THE "SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN, INCLUDING, WITHOUT LIMITATION, MAKING FUN's PRIVACY POLICY ("PRIVACY POLICY"). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THE SERVICE.
Updates to Terms
We reserve the right to change any provisions of these Terms and any policies or guidelines governing your use of the Service at any time in our sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of revisions on the Site or within the Service. Your continued use of the Service following such notice constitutes your acceptance of the changes. It is your responsibility to review the Terms regularly. If you are dissatisfied with any of the materials contained in the Service, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue using the Service.
Privacy Policy
Please refer to Making Fun's Privacy Policy for information on our privacy practices. Your use of the Service signifies your agreement to the Privacy Policy. If you do not agree, please discontinue use of the Service.
User Conduct
You agree to assume full and sole responsibility for any Content (as defined below) you post within the Service, and you agree to abide by the Community Guidelines, and any application, forum or game-specific rules published within the Service (all of which are fully incorporated into these Terms). You may post and/or submit reviews, comments, suggestions, ideas, information and/or other content ("Content") within the Service, including, without limitation, text, writings, photographs, graphics, or other material, so long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content.
If you do post Content, and unless we indicate otherwise, you grant Making Fun a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, or otherwise exploit in any manner, such Content throughout the world in any media. You grant Making Fun and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that: (i) you own or otherwise control all of the rights to the Content that you post and/or submit; (ii) the Content is accurate; (iii) the use of the Content you post and/or submit does not violate these Terms; and (iv) the Content will not cause injury to any person or entity.
Making Fun has the right but not the obligation to monitor and edit or remove any activity or Content. Making Fun takes no responsibility and assumes no liability for any Content posted by you or any third party.
Minors
In order to use the Service, you must be 13 years of age or older. If children between the ages of 13 and 18 wish to use the Service, they must be registered by their parent or guardian.
Account Responsibility
We may create a persistent record of your activity using the Service (an "Account") at any time with or without explicit notice to you. We may add to the Account information that we obtain explicitly from you or indirectly via a third party while you are using the Service, for example a Facebook user ID, an Apple Game Center ID, or your email address. We may limit the amount of the Service made available to anonymous visitors, as our goal is to collect sufficient information from each visitor to provide a fun and consistent experience across repeated visits to the Service. Associating a unique identifier and email address with each Account is the best way for us to provide you with uninterrupted service even if you replace your computer or mobile device.
If you access the Service via a third party social network, online gaming site, or mobile app store (each a "Channel" or collectively the "Channels") you agree to be in compliance with the policies or terms of use/service of that Channel.
We offer various end user gameplay experiences via the Service, for example the Hidden Express, Eternium, Ironbound and Runestrike games (each a "Game"). A single Game may be available via multiple Channels. You agree that you shall not attempt to create or maintain more than one Account per Game, with the following exceptions:
You represent and warrant that:
Any breach or suspected breach of any of the above representations or warranties may result in immediate termination or suspension of your Account without, if applicable, any refund. Making Fun reserves the right to terminate Accounts that have been inactive for 180 consecutive days.
Ownership
The Service and all content and other materials that are part of the Service, including, but not limited to, the Making Fun effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Materials") are our property or that of our licensors and are protected by United States and/or international copyright laws.
Making Fun, the Making Fun logo, all game names, and any other product or service names or slogans contained within the Service are trademarks of Making Fun or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Making Fun or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Making Fun" or any other name, trademark or product or service name of Making Fun without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Limited License and Restrictions
We grant you a limited, personal, revocable, non-transferable, non-sublicensable and non-exclusive license to access and make use of the Service and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as posted within the Service. Except as otherwise expressly permitted by these Terms, you may not: (i) collect, use, copy or distribute any portion of the Service or the Materials; (ii) resell, publicly perform or publicly display any portion of the Service or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Service or the Materials; (iv) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Service; (v) use the Service in a manner which results in the depletion of the infrastructural resources of the Service; or (vi) use the Service or the Materials other than for their intended purposes.
Virtual Currencies and Goods
The Service may include a virtual, in-game currency ("Virtual Currency") including, but not limited to coins, cash, or points that may be purchased for actual money if you are a legal adult in your country of residence. Examples of Virtual Currency include, but are not limited to, "Tickets" in Hidden Express, "Gems" in Eternium, and "Gold" in Magic & Empire. The Service may also include virtual, in-game digital items ("Virtual Goods") that may be purchased from Making Fun for actual money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for actual money, goods or other items of monetary value from Making Fun or any other party.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable and non-exclusive license to use the Virtual Goods or Virtual Currency within the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating within the Service, or any other attributes associated with use of the Service or stored within the Service.
Making Fun has the absolute right, but not the obligation, to manage, regulate, control, modify and/or eliminate such Virtual Currency or Virtual Goods as it sees fit in its sole discretion, and Making Fun shall have no liability to you or any third party for the exercise of such rights.
Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or other items of value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Service and possible legal action.
You agree that all sales of Virtual Goods and Virtual Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Virtual Currencies are forfeited if your Account is terminated or suspended for any reason, in Making Fun's sole and absolute discretion, or if Making Fun discontinues providing the Service or the Game where the Virtual Goods or Virtual Currencies were obtained.
Terms of Purchase
You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal on or through the Service, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide to Making Fun in connection with any purchase made on or through the Service will be true and accurate to the best of your knowledge.
Third Party Sites and Content
We may host or provide links to products, web pages, web sites and other content of third parties ("Third Party Sites and Content"). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk.
Advertisements and Promotions; Third Party Products and Services
We may run advertisements and promotions from third parties within the Service or may otherwise provide information or links to third party products or services within the Service. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information within the Service.
Disclaimer of Warranties
THE SERVICE, THE MATERIALS, THE SITE AND ALL PRODUCTS AND ANY OTHER SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DO NOT WARRANT THAT THE SERVICE, THE SITE, THE MATERIALS OR ANY OTHER SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (STATUTORY, EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE, THE SITE, THE MATERIALS AND ANY OTHER SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; (IV) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY; (V) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND (VI) THAT THE SERVICE, THE SITE, THE MATERIALS AND ANY OTHER SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
Limitation of Liability
IN NO EVENT WILL MAKING FUN BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE SITE, THE MATERIALS AND ANY OTHER SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE SITE, THE MATERIALS AND ANY OTHER SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE SERVICE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification and Release
You will indemnify and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the "Indemnified Parties") harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the Service; (ii) your conduct; (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (iv) any Content you upload to, posted on, create on, transmit through or link from the Service.
Termination
Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Service) and to block or prevent your access to and use of the Service for any or no reason. We may remove the Service, and/or any Game running on the Service, from operation at any time with no warning. Virtual Currency and Virtual Goods are only valid during the operational lifetime of the particular Game where that Virtual Currency or Virtual Goods were obtained.
Electronic Communications
Notwithstanding any terms to the contrary in these Terms, Making Fun may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with Making Fun or upon registration with the Service; or (ii) posting messages that are displayed to you when you log in to or access the Service. Making Fun's electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with Making Fun, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything within the Service infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Address of Designated Agent to Which Notification Should be Sent:
Designated Agent
Making Fun, Inc.
4096 Piedmont Avenue, Suite 944
Oakland, CA 94611
Telephone Number of Designated Agent: 510.984.4386
E-Mail Address of Designated Agent: designated_agent@makingfun.com.
To be effective, the notification must be a written communication that includes the following:
We may give notice of a claim of copyright infringement to our users by means of a general notice within the Service, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Making Fun has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Making Fun, account holders who are deemed to be repeat infringers. Making Fun may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Miscellaneous
These Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in San Francisco County, California. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Reports
If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to legal@makingfun.com. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.
Question or Comments
If you have any questions or comments about the Service, you may contact Making Fun by email at contact@makingfun.com.