Service

Effective Date: December 5, 2022

By using our service, you acknowledge that you have read, understood and agreed to the following TOS. In case you do not understand or agree to any of the TOS, you should immediately stop using our service. Funny Game Creator and/or its affiliates (collectively “Company”, “we”, “our” and “us”). reserves the right to update the Terms OF USE ("TOS") at any time without notice to you. In the case of any violation against the provisions of the TOS, we shall have the right to seek legal and fair remedies.

If you have any questions about, or if you wish to send us any notices in relation to, these TOS, please contact us at funnycreator@163.com.

Please review these TOS and our policies and instructions to understand how you can and cannot use our services. You must comply with these TOS in your use of our services and only use our services as permitted by applicable laws and regulations, wherever you may be when you use them. When you use the Service, you represent that:

1. your use of the Service does not violate any applicable law or regulation;

2. you are 13 years of age or older; and

3. you are of sufficient legal age or otherwise have legal capacity to legally enter into these TOS

If you do not agree to these TOS, you must not use our services. We may modify these TOS from time to time. We will notify you of material changes in accordance with applicable laws. If you do not agree with the proposed changes, you should discontinue your use of the Service and uninstall the App. If you continue using the Service after the new TOS take effect, you will be bound by the modified TOS.Please also find our Auto Renewable Subscription located at http://funnygamecreator.cn/subscription.html

Our Privacy Policy, located at http://funnygamecreator.cn/privacy.html is part of and is governed by these TOS. By agreeing to these TOS, you agree to be bound by the TOS of the Privacy Policy and agree that we may use information collected from you in accordance with its TOS.

1. Use License

(1) The Company grants each user a non-exclusive and limited license to use the object code version of the App for non-commercial purposes. Each user may make a single copy of the App in object code form for archival or backup purposes. The user must include all Notices on all such copies. Users are prohibited from reverse engineering, decompiling or disassembling the App or attempting to gain access to the source code of the App except and only to the extent that it is expressly permitted by applicable law. To the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.

(2) Each user is prohibited from transferring or assigning the App or these TOS and/or any rights or obligations hereunder without the prior written consent of the Company.

(3) Your rights under this TOS will automatically terminate if you breach any of your material obligations under this TOS.

(4) Promptly after such any termination of this TOS, you will destroy all copies of the App and uninstall the App from your device.

(5) All rights not expressly granted are reserved.

(6) The license granted to you for licensed applications must be limited to a non transferable license to use the licensed applications on any apple branded products that you own or control, and comply with the rules for use set forth in Apple's media terms and conditions of service, except that other accounts associated with you may access and use such Licensed applications through home sharing or bulk purchase.

(7) We will be fully responsible for providing any maintenance and support services related to the licensed applications, and apple is not obliged to provide any maintenance and support services related to the licensed applications.

2. Third Party Services

The services may contain links to third party sites, and we are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our services, including any other content provided by other users of our services or by our advertisers.

We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through our services, and we will bear no responsibility for your use of or relationship with any such third party services. If you access third party services through our services, you must comply with any TOS and conditions applicable to those services.

You must ensure that you comply with the applicable third party agreement terms when using the application.

Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and that, upon the End-User’s acceptance of the terms and conditions of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against the End-User as a third party beneficiary thereof.

3. Our Intellectual Property Rights

All intellectual property rights in or to our services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these TOS, you have no right to use our intellectual property rights.

In addition, if any third party claims that the licensed application or the end user's ownership and use of the licensed application infringes the intellectual property rights of the third party, you will be held responsible and we will fully assist in the investigation.

4. Indemnity

You agree to defend, indemnify, and hold harmless Funny Game Creator, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach of your obligations, representation and warranties under these TOS.

5. EXCLUSION OF WARRANTIES

NOTHING IN THESE TOS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

Ÿ YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

Ÿ YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

Ÿ ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND

Ÿ DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TOS (INCLUDING ANY IMPLIED TOS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TOS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR APPLICATION FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE

6. PRODUCT WARRANTY AND CLAIM

If the licensed application fails to comply with any applicable warranty, you may notify apple and refund the purchase price of the licensed application; And, to the maximum extent permitted by applicable law, apple assumes no other warranty obligations with respect to this licensed application.

We(not Apple) are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks. These terms may not limit Your liability to the End-User beyond what is permitted by applicable law..

7. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, ANY MATERIALS, OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TOS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

8. LEGAL COMPLIANCE

You must represent and warrant that (i) you' re 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' re not listed on any U.S. Government list of prohibited or restricted parties..

9. CONTACT US

We are very happy to hear any questions or suggestions about our products. Please contact us at any time. Our E-mail: funnycreator@163.com.