Terms & Conditions
We appreciate your visit to games-n-fun.com (our Site). We urge you to take a moment to carefully peruse through the following TERMS OF SERVICE (TERMS) prior to utilizing our Site or any accessible applications or services it offers. The Site is managed and operated by games-n-fun.com, inclusive of its subsidiaries and affiliates (also referred to as games-n-fun.com, us or we). You, the individual or entity accessing the Site and perhaps submitting User Materials (as outlined below) or using our Applications (as described below), are subject to these TERMS.
When you utilize this Site, click on a button expressing your agreement, or order or use particular applications, services or software, along with related content, including games you are confirming your agreement with these Terms. This agreement includes, but is not limited to, partaking in electronic transactions, acknowledging disclaimers of warranties, accepting limitations on damages and remedies, and agreeing to the jurisdiction of Israeli law, as detailed further in these Terms. If you disagree with these Terms, you are not authorized to use the Site or the Applications. games-n-fun.com retains the right, at its sole discretion, to alter, suspend or terminate the Site and Applications, or to amend these Terms at any moment without prior notification. All modified terms and conditions will come into effect once posted on the Site (unless a longer notice period is necessitated by law). If the amended terms and conditions are unacceptable to you, your only option is to stop using the Site and Applications. If you continue to access or use the Site and Applications following any modifications made by games-n-fun.com, it signifies your agreement to the updated Terms.
When you utilize third-party content, services, or software (including Applications) that are accessible or advertised on the Site, you may also be obligated to comply with additional terms and conditions.
REGISTRATION, ORDERING, AND SUBSCRIPTION OBLIGATIONS
As a condition of your utilization of our Site and/or Applications, you commit to supplying authentic, precise, up-to-date, and comprehensive data about yourself during the registration process on the Site. When choosing your username, you are advised not to use your full or real name. The Site is intended for adults who have not previously been suspended or expelled from the Site by games-n-fun.com; those previously suspended or removed are not permitted to create user accounts and by creating one, you affirm your eligibility to do so. Minors are advised to obtain permission from their legal guardian before accessing the Site. games-n-fun.com reserves the right to suspend or terminate your account, and deny all present or future usage of the Site if the information you provide is deemed inaccurate, outdated, or incomplete, or if your username is considered offensive or unsuitable, at games-n-fun.com’s sole discretion.
You accept full responsibility for all activities and actions undertaken through your password, regardless of whether they were executed with your consent or knowledge. You agree to protect your password diligently, to log out from your account after each session, and understand that any failure to secure your password will allow others to conduct transactions or take other actions through the Site for which you’ll be legally accountable. Should you suspect that your password has been compromised, you should immediately contact games-n-fun.com so we can deny access to anyone else using your credentials. games-n-fun.com is not liable for any losses or damages resulting from your failure to adhere to this section.
Lastly, you agree that all information provided during registration, and at all other times, will be true, precise, current, and complete. You also agree to keep this information updated. If any information you provide is false, inaccurate, outdated, or incomplete, or if games-n-fun.com suspects as such at its sole discretion, games-n-fun.com reserves the right to suspend or terminate your account and refuse any and all current or future use of the Site or Applications (or any part thereof).
Consent to Electronic Dealings
All dealings with or through the Site may, at the discretion of games-n-fun.com, be carried out electronically. games-n-fun.com might maintain records of all types of communication that occur via the Site. An electronic record is considered sent when it is properly addressed to the receiver and either enters an information processing system beyond the sender’s control or enters a portion of an information processing system under the receiver’s control. An electronic record is considered received when it enters an information processing system designated or utilized by the receiver for receiving such records or information, is in a form that the system can process, and from which the receiver can retrieve the electronic record. By using this Site, you are agreeing to these Terms.
LIMITED NON-COMMERCIAL LICENSE TO USE SITE
Subject to these Terms, games-n-fun.com grants you a limited, personal, non-commercial, non-exclusive, non-transferable, non-sub-licensable right to view and utilize the Site strictly for engaging with content like games, posting User Materials, or accessing information, Applications, and services. games-n-fun.com, at its sole discretion, reserves the right to limit or revoke your access to any or all sections of the Site as detailed below. This license is confined to personal and non-commercial usage by you. All rights not explicitly provided to you herein are held by games-n-fun.com and its licensors.
Unless you have received explicit written consent from games-n-fun.com, or as otherwise permitted by the Site, you are not allowed to: (a) impose editorial comments, commercial content, or any other information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; (c) create deep links to any part of the Site; or (d) use the Site or Applications in an illegal manner or in any other manner that could damage, disable, overburden or impair the Site, as solely determined by games-n-fun.com.
Additionally, without limiting other restrictions, you agree not to reproduce, modify, adapt, create derivative works, perform, display, publish, distribute, transmit, broadcast, sell, license or exploit the Site, User Materials and/or Applications (excluding your User Materials). Furthermore, you agree not to record any of the users in any form when they appear on the Site, including while playing any of the Applications.
Upon termination, all licenses and other rights granted to you by these Terms will cease immediately. games-n-fun.com is not liable to you or any third party for the termination of the Site or Applications, or the termination of your use of the Site or Applications. UPON ANY TERMINATION OR SUSPENSION, YOU WILL NO LONGER HAVE ACCESS TO ANY INFORMATION YOU HAVE SUBMITTED ON THE SITE OR THAT IS RELATED TO YOUR ACCOUNT. Moreover, games-n-fun.com is under no obligation to retain any information stored in our database associated with your account or to transmit any information to you or any third party.
The Site provides the ability for users to upload, post, and/or share user-generated content, subject to the following stipulations:
You acknowledge that all User Materials (encompassing postings, messages, feedback, data, comments, suggestions, information, text, software, sounds, images, audio, audiovisual, video, artwork, graphics, files and other materials of any kind) transmitted to or via the Site are the sole responsibility of the individual who originated these User Materials. In other words, the individual who submitted the User Materials is fully accountable for them, not games-n-fun.com.
Moreover, you recognize that using the Site may expose you to User Materials that might be incorrect, offensive, inappropriate or indecent. games-n-fun.com doesn’t have the ability to manage the User Materials uploaded, posted or transmitted via the Site or Applications and has no obligation to monitor such materials. Hence, you agree to waive any legal or equitable rights or remedies you possess or may possess against games-n-fun.com in connection with this. You accept that you must evaluate all associated risks with the use of any User Materials, and that you cannot depend on these materials. games-n-fun.com will not be held accountable in any way for any User Materials or any loss or damage incurred as a result of using any User Materials made available via the Site, including issues related to the accuracy, usefulness, completeness, propriety, legality, intellectual property rights, or applicability of the User Material. games-n-fun.com does not endorse any User Material or any opinion, recommendation, or advice expressed within them.
When uploading User Materials to the Site, you agree to accurately categorize your User Materials. Furthermore, you pledge to avoid using tags that do not relate to the User Materials you uploaded or that violate anyone else’s trademark or other intellectual property rights.
You must not create a username or screen name, or upload, distribute, or publish any User Materials via the Site that are illegal, indecent, inaccurate, harmful, embarrassing, distressing, harassing, defamatory or hateful, or that include symbols of hate, are racially or ethnically offensive, invade a third party’s privacy, contain nudity (including pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, promote unlawful action, are defamatory, libelous, vulgar, violent or constitute hate speech, or are otherwise deemed objectionable by games-n-fun.com at its sole discretion.
Your User Materials, username, and/or screen name should not, in any way, defame games-n-fun.com, its licensors, or their Applications, products, services, or sites.
Your User Materials must not violate the copyright, trademark, privacy/publicity rights, or any other intellectual property rights of any third party.
You are prohibited from uploading, distributing, or publishing through the Site any User Materials that are directly or indirectly commercial in nature, or include any solicitation for funds, promotion, advertising, or solicitation for goods or services. This includes, but is not limited to, chain letters, promo-codes, pyramid schemes, and spam. It is expressly forbidden to solicit other users to join or become members of any commercial online website or other organization.
In the event that you choose to allow codes to be generated for others to link to your User Materials or to display your User Materials on their web pages when uploading User Materials to the Site, you acknowledge that non-games-n-fun.com websites may link to or display your User Materials and you consent to such linkage or display.
You are forbidden from uploading, distributing, or publishing any User Materials through the Site that contain viruses or any other computer code, files, or programs designed to (i) disrupt, destroy, or limit the functionality of any computer software, including but not limited to, the Site and Applications; or (ii) interfere with any user’s, host’s or network’s access, including but not limited to sending a virus, overloading, flooding, spamming, or mail-bombing the Site.
You agree not to post or make available any User Materials that disrupt the normal flow of dialogue on the message board with an excessive number of messages (i.e., a flooding attack), or that adversely impact other users’ ability to use the message boards.
You agree not to use misleading email addresses or forged headers, or manipulate identifiers in any way to disguise the origin of User Materials transmitted through the Site, or to use the Site or Applications to send altered, deceptive, or false source-identifying information.
You agree not to post or make available User Materials that pretend to be someone else or falsely claim or otherwise misrepresent your relationship with a person or entity. Unauthorized access to others’ accounts, forging another person’s digital signature, misrepresenting the origin, identity, or content of transmitted information, or engaging in any other similar fraudulent activity is prohibited.
You agree not to post or make available User Materials that contain another person’s personal or identifying information without their explicit consent or that are false, deceptive, misleading, dishonest, or inaccurate.
You commit not to use message boards to contact individuals who have requested no contact; to stalk or harass anyone; to collect personal data about other users for commercial or unlawful purposes; to repetitively post the same or similar messages; or to impose unreasonable large loads on our infrastructure. Automated means such as spiders, robots, crawlers, or other data-mining tools for downloading data from the message boards are prohibited.
You commit not to upload, stream, email or otherwise transmit (i) any User Materials to which you do not legally have the right to copy, transmit and display (including any User Materials that would infringe any confidentiality or fiduciary obligations you might have with respect to the User Materials); (ii) any User Materials for which you do not have the consent or permission of each identifiable person in the User Materials to use the name, voice, signature, photograph, or likeness of each such person, if such consent or permission is necessary; or (iii) any User Materials that infringe, violate or misappropriate any third party’s intellectual property rights or violate privacy rights (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
You agree not to upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
You commit not to upload, stream, email or otherwise transmit any User Materials that include code hidden or otherwise concealed within the images, audio, or video of any User Materials and unrelated to the immediate, aesthetic nature of the User Materials.
games-n-fun.com retains the right to remove without notice any User Material that breaches these Terms, including without limitation, any User Materials with content that infringes or could infringe a third party’s rights and/or is unlawful, obscene, pornographic, defamatory, libelous, threatening, hateful, racially or ethnically offensive, or otherwise inappropriate. games-n-fun.com also reserves the right to terminate the access of the submitter of such User Materials to the Site and/or Applications.
games-n-fun.com and its appointed representatives hold the right (but are not obligated) to change the category, deny or eliminate any User Materials based on their sole and absolute judgment. Additionally, they can terminate your access to the Site. games-n-fun.com can set practices and restrictions regarding the use of the Site and Applications, such as the maximum disk space allocated to your usage or the maximum number of days that User Material will be retained on the Site. You acknowledge that games-n-fun.com is not liable or responsible for storing or deleting any User Materials that you upload or post. games-n-fun.com retains the right to modify these general practices and limits anytime at its sole discretion, with or without prior notice.
VIOLATIONS OF TERMS AND LIQUIDATED DAMAGES
If you believe that any content on the Site (including User Materials) infringes upon any of the terms stated in these Terms, kindly reach out to us using the contact information provided below.
You acknowledge and agree that determining the exact extent of damages can be challenging. Therefore, if it is not feasible to reasonably calculate the actual damages, you will be held responsible for paying games-n-fun.com all quantifiable damages resulting from any breach of these Terms. The minimum amount for each substantial breach will be no less than one thousand dollars ($1,000).
LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
games-n-fun.com has the option, but is not obligated, to grant you the ability to use Applications at its sole discretion, if you so desire. Examples of Applications that may be provided include chat areas, bulletin boards, email functions, software, and services that allow you to download specific content from the Sites to your computer, multiplayer games, and software for creating greetings, puzzles, photographs, musical compositions and mixes, music videos, and cartoons. Your limited license to use the Applications is subject to the following conditions, in addition to the obligations and restrictions outlined herein:
The Applications available to you are the copyrighted work of games-n-fun.com and/or its licensors. The use of each Application is governed by the accompanying end-user license agreement (EULA) or the EULA expressly stated on the Site pages accompanying the Application, in addition to these Terms. If there is no accompanying EULA, these Terms shall govern your use of the Application. You may not download or use any Application from the Site without agreeing to the EULA, if provided, and these Terms. Certain Applications may be owned by third parties and distributed under a third-party EULA. You acknowledge that games-n-fun.com shall not be held responsible for any loss or damage arising from your interactions with such third parties.
Unless stated otherwise in the EULA, you are granted a limited license to download and/or use the Application on a single computer for personal and non-commercial purposes only. Making copies of or distributing the Application, electronically transferring the Application from one computer to another or over a network, or separating any content from an associated Application is strictly prohibited. Decompiling, reverse engineering, disassembling, or attempting to discover the source code of any software used to provide the Site or the Applications, or any part thereof, is not permitted. Renting, leasing, sublicensing, creating derivative works of the Application, or exporting the Application in violation of any U.S. or foreign law, rule, or regulation is also prohibited. All rights in Applications not explicitly granted to you in writing by games-n-fun.com are reserved by games-n-fun.com.
games-n-fun.com retains the right to discontinue support for any Application at its sole discretion, as further outlined in these Terms.
Applications that you use or download from the Sites may incorporate third-party digital rights management systems (DRMS). These systems enable communication between your software and the third party, utilizing security features to prevent unauthorized distribution or access to the applications. Each DRMS is subject to its own license agreements, and you agree that games-n-fun.com shall not be held responsible for any loss or damage arising from the use of DRMS or your interactions with such third parties. Additionally, the Applications may include games-n-fun.com’s own DRMS, facilitating communication between the applications you use or download and our systems. These DRMS collect information about your computer system to prevent illegal or unauthorized use of the applications. Specifically, the DRMS for subscription services and licensed Applications from the Site may transmit certain information when you enter a purchase key or sign in with your subscription service credentials.
games-n-fun.com strives to provide the Applications with minimal disruptions. However, there is no guarantee that the Applications will always function flawlessly, without delays or imperfections. games-n-fun.com shall not be held responsible for your connection or access to the Site or Applications, nor for the quality of information transmission between you and the Site. It is your responsibility to provide your own communication equipment for accessing the Site and using the Applications via the Internet or WAP service, including any associated access charges. You acknowledge that games-n-fun.com is not liable for any reduced functionality resulting from your use of the Site or Applications via WAP. games-n-fun.com may make technical adjustments to keep up with evolving demands and technological advancements, or to comply with regulations. Additionally, games-n-fun.com may need to perform repairs, improvements, and/or upgrades to the Applications, which may necessitate restrictions, limitations, suspensions, interference, and/or interruptions in their availability.
INTELLECTUAL PROPERTY RIGHTS
games-n-fun.com has the option, but not the obligation, to grant you access to Applications at its sole discretion, should you wish to use them. For instance, games-n-fun.com may offer chat areas, bulletin boards, email functions, software, and services allowing you to download specific content from the Sites to your computer, as well as multiplayer games and software enabling the creation of greetings, puzzles, photographs, musical compositions and mixes, music videos, and cartoons. However, your limited license to use the Applications is subject to the following conditions, in addition to the obligations and restrictions specified in these Terms:
We are committed to safeguarding copyrights, including our own and those of others. To that end, we employ various measures to prevent copyright infringement on this Site and promptly address any infringements that may occur. If you believe that the Site contains elements infringing upon your copyrighted work, please submit a notice of infringement with sufficient details for games-n-fun.com to assess its validity. While we cannot guarantee a response to your notice, we reserve the right to take appropriate action upon receipt.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is strictly prohibited unless specifically authorized by games-n-fun.com. Consequently, such content or Applications may not be utilized on another website without the express written permission of games-n-fun.com.
games-n-fun.com, along with its licensors, holds all rights, titles, and interests, including worldwide intellectual property rights, in the Site and Applications, as well as the trademarks, service marks, logos, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Site and Applications, excluding User Materials (which are covered separately in these Terms) (referred to as the games-n-fun.com Materials). Unless expressly authorized by games-n-fun.com, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the games-n-fun.com Materials.
You are prohibited from removing, altering, or concealing any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Applications, User Materials, or related products and services.
PRIVACY POLICY
games-n-fun.com values your privacy and acknowledges the importance of maintaining control over your personal information as a visitor to games-n-fun.com. In order to ensure transparency and safeguard your privacy, games-n-fun.com has created a Privacy Policy, which we recommend reviewing thoroughly. By using the Site, you indicate your consent to the terms and practices outlined in the Privacy Policy.
ADS AND MALWARE
We devote significant attention and take pride in creating and maintaining this Site. We are vigilant in identifying and addressing any technical issues that may affect the functionality of the Site. While we strive to rectify any glitches on our end, it’s important to note that certain factors beyond our control, such as the configuration of your home computer, may contribute to how you perceive our Site.
If you encounter any abnormal behavior, unusual content, or unexpected ads while browsing the Site, it could be a result of Malware on your computer. Malware, an abbreviation for MALicious softWARE, refers to software installed in a computer system with malicious intent, typically without the owner’s knowledge or consent. Malware encompasses various types, including computer viruses, keyloggers, malicious active content, rogue programs, and dialers. Although we maintain close collaboration with our partners to ensure the proper functioning of the Site, there are instances where Malware programs present on your personal computer may disrupt your experience on our Site and other websites you visit.
Please be aware that we cannot be held responsible for the impact of any third-party software, including Malware, on your computer system. We recommend thoroughly reading the Help or Customer Support sections of any software download site for assistance.
If you suspect the presence of Malware on your system, we advise consulting with a qualified computer technician to address the issue.
SUBMITTING USER MATERIALS AND LICENSE GRANT
games-n-fun.com shall hold full ownership rights, including worldwide intellectual property rights, to any derivative works or compilations created by games-n-fun.com based on User Material. You agree to provide necessary assistance and execute required documents to grant games-n-fun.com the complete benefit of the rights granted by you. It is your responsibility to assess and assume all risks associated with the use of any User Material, including reliance on its accuracy, completeness, or usefulness.
You acknowledge that games-n-fun.com does not guarantee confidentiality for any submissions, whether or not they are published on the Site. games-n-fun.com explicitly states that it does not wish to receive any confidential or proprietary information from you via the Site or email.
In the absence of a separate written agreement between you and games-n-fun.com, any User Material, information, or idea transmitted to games-n-fun.com through any means may be disseminated or utilized by games-n-fun.com or its affiliates without any compensation or liability to you, for any purpose, including but not limited to development, manufacturing, and marketing. It should be noted that other individuals, including games-n-fun.com employees, may have submitted or made publicly available similar or identical materials, and games-n-fun.com may possess the right to use such materials. Your understanding and agreement are sought that games-n-fun.com’s utilization of similar or identical materials does not create an obligation to negotiate or provide compensation. However, this provision does not apply to personal information governed by our privacy policy, which is subject to separate terms.
games-n-fun.com does not claim ownership over User Materials you submit. However, by submitting User Materials to games-n-fun.com in any form, you waive all moral rights associated with the User Materials and grant games-n-fun.com a royalty-free, fully-paid, non-exclusive, worldwide, assignable, sub-licensable (through multiple tiers), perpetual, and irrevocable right and license, without obligation, to use, host, copy, publicly perform, publicly display, reproduce, modify, publish, exhibit, broadcast, edit, compress, adapt, promote, package with other works, convert for streaming, distribute, transmit, translate, manufacture, market, license, rent, lease, and exploit the User Materials, or any portion thereof. Such rights extend to any form, medium, or technology now known or developed in the future, including the Site and third-party websites. Moreover, if you choose to do so, this license permits the copying, transmission, display, and redistribution of User Materials on third-party websites.
Additionally, each user of the Site and Applications is granted a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your User Materials. This license, if you choose, extends to the copying, transmission, display, and redistribution of your User Materials on third-party websites. This granted license ceases when you or games-n-fun.com remove or delete a User Material from the Site. However, the license remains in effect for any sublicenses granted by games-n-fun.com until the termination or expiration of such sublicenses. You do not obtain any rights in any form, media, or technology incorporating the User Materials.
INDEMNITY
You are responsible for indemnifying and protecting games-n-fun.com, its parent company, subsidiaries, affiliates, officers, agents, partners, and employees from any claims or demands, including reasonable attorney’s fees, resulting from your content and User Materials, your usage of the Site, your violation of these Terms, or your infringement upon any third party’s rights, including intellectual property rights, publicity rights, confidentiality, property rights, privacy rights, or any breach of applicable laws.
DISCLAIMER OF WARRANTIES
Your decision to use the Site and Applications is entirely at your own discretion and risk. Unless otherwise expressly provided in a written agreement (such as an End User License Agreement) between you and games-n-fun.com, the Site and Applications, along with the content, User Materials, and related information offered on or through the Site, are provided to you on an “as is” and “as available” basis, with all faults, without any warranty of any kind. games-n-fun.com hereby disclaims, to the maximum extent permitted by law, all warranties, whether expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. This includes the availability of the Site and Applications, the absence of viruses or other harmful code, the accuracy, completeness, reliability, timeliness, currency, or usefulness of any information on the Site, and any duties of reasonable care, workmanlike effort, or lack of negligence in connection with the Site, Applications, or related information. You acknowledge and accept that the entire risk regarding the satisfactory quality, performance, accuracy, and effort of the Site, Applications, and related information rests with you. Please note that some states may not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you. Any advice or information obtained from games-n-fun.com, whether oral or written, will not create any warranty unless expressly stated herein.
Furthermore, games-n-fun.com specifically disclaims any warranties of non-infringement, title, or quiet enjoyment with respect to the Site, Applications, and related information.
ASSUMPTION OF RISKS AND MATURE CONTENT
You are solely responsible for assessing the suitability and accuracy of the Site, Content, User Materials, Applications, and related information for your needs, as well as the uninterrupted, timely, secure, and error-free nature of their functionality. Any Applications downloaded or obtained through the Site, or any other use of the Site, is done at your own discretion and risk, and you bear full responsibility for any damage to your computer or loss of data. By engaging in multiplayer games or participating in chat rooms, you may encounter offensive language or references, and you acknowledge that games-n-fun.com holds no liability for any resulting loss or damage. Additionally, you agree that games-n-fun.com is not responsible for any loss or damage arising from your interactions with third-party advertisers or content providers on the Site.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
To the fullest extent permitted by law, you acknowledge and agree that games-n-fun.com, its officers, employees, affiliates, and agents shall not be liable to you or any other person for any indirect, special, punitive, consequential, or incidental damages arising from or related to the Site, Applications, or related information. This includes, but is not limited to, lost profits, loss of privacy, or failure to fulfill any duty, including duties of good faith, negligence, or workmanlike effort, even if games-n-fun.com has been advised of the possibility of such damages. Regardless of fault, whether it be tort (including negligence) or strict or product liability, games-n-fun.com shall not be held liable for such damages. Please note that some states do not allow the exclusion or limitation of liability for consequential damages, so the above limitation may not apply to you.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
You acknowledge and agree that in the event of any breach of these Terms by games-n-fun.com, or any of its officers, employees, affiliates, or agents, your sole remedy shall, at the option of games-n-fun.com, be one of the following: (1) the substitution or replacement of all or part of the Application or product that caused the damages you incurred in reasonable reliance on games-n-fun.com, or (2) a refund of the amount you paid to games-n-fun.com. You agree that the exclusions of damages set forth in these Terms shall apply even if any remedy fails to achieve its essential purpose.
YOUR REPRESENTATIONS AND WARRANTIES
By using the Site, you make the following representations and warranties for the benefit of games-n-fun.com and any third parties mentioned on the Site, in addition to other representations and obligations set forth in these Terms:
By using the Site, you make the following representations and warranties for the benefit of games-n-fun.com and any third parties mentioned on the Site, in addition to other representations and obligations set forth in these Terms:
(a) You are either 18 years old or an emancipated minor with the legal capacity to enter into and make the representations and warranties contained in these Terms. (b) All information you submit to the Site is true and accurate. (c) You will keep your registration information up to date. (d) You will be responsible for all use of your password, even if such use occurs without your authorization or permission. (e) You will not use the Site for any unlawful or prohibited purposes as outlined in these Terms. (f) You are the rightful creator and owner of the User Materials you submit to the Site, or you possess all necessary licenses, rights, consents, releases, and permissions to use and authorize games-n-fun.com and its users to use your User Materials as required to exercise the granted licenses described in these Terms. (g) The User Materials you submit to the Site do not infringe upon the rights of any third party, including but not limited to copyright, trademark, or publicity/privacy rights. (h) The User Materials you submit to the Site will not slander, defame, or libel any person or entity, and they will be free from viruses, adware, spyware, worms, or any other malicious code. (i) You have obtained the necessary written consent, release, and permission from every identifiable individual person appearing in your User Materials to use their name or likeness, enabling their inclusion and use in accordance with the applicable Site and these Terms of Service. (j) You will not remove, circumvent, disable, damage, or interfere with any security-related features of the Applications or User Materials Submissions, or any features that restrict or prevent the use or copying of accessible content or enforce usage limitations. (k) You will not disrupt or interfere (or attempt to disrupt or interfere) with any web pages, servers, or networks connected to the Site, or violate any requirements, procedures, policies, or regulations of such networks. (l) You will not attempt to probe, scan, test the vulnerability of games-n-fun.com systems or networks, or breach, impair, or circumvent any security or authentication measures protecting the Site or Applications. (m) You agree to defend, indemnify, and hold games-n-fun.com (including its employees, representatives, agents, and assigns) harmless from any breaches of the above representations and warranties, as well as any other breaches of these Terms.
LINKS, ADVERTISERS
The Site may include links to third-party websites that are beyond the control of games-n-fun.com. Please note that games-n-fun.com is not responsible for the content of any linked site. If you choose to access a third-party site from the Site, you do so at your own risk. The inclusion of these links is solely for convenience, and it does not imply endorsement or acceptance of any responsibility for the content on those third-party sites by games-n-fun.com.
Furthermore, any interactions, transactions, or engagements with advertisers found on the Site, including the purchase and delivery of goods, are solely between you and the respective advertisers. Any additional terms and warranties are also the responsibility of the advertisers. games-n-fun.com disclaims any liability for any loss or damage incurred in connection with your dealings with such advertisers.
INTERNATIONAL USAGE
games-n-fun.com operates and controls this Site from its offices. Please be aware that games-n-fun.com does not guarantee that the Site, Applications, or related information offered by games-n-fun.com are appropriate or available in all locations. If you choose to access the Site or use the Applications, you do so at your own initiative and are responsible for complying with local laws, if applicable. The legality of online gaming varies among jurisdictions, with some jurisdictions prohibiting certain forms of online gaming. We do not provide any assurance regarding the legality of (1) accessing and using the Site and/or Applications, or (2) depositing or receiving funds from games-n-fun.com, under any applicable laws. We do not intend for the Site and/or Applications to be used in places where such use is illegal. The availability of the Site and/or Applications does not constitute an offer or invitation by us to use them in any jurisdiction where such use is prohibited by law. You are solely responsible for determining the legality of your use of the Site and/or Applications under applicable laws. If you have any concerns about the legality of accessing and using the Site and/or Applications, or depositing or receiving funds from games-n-fun.com, please consult legal counsel in your jurisdiction. We reserve the right to disclose your identity to relevant authorities, other online operators, online service providers, banks, credit card companies, electronic payment providers, or other financial institutions in the event of suspected unlawful, fraudulent, or improper activity. You agree to cooperate fully with us in any investigation related to such activity. In addition to any other rights, you agree to indemnify games-n-fun.com for any unauthorized use of the Site or Applications.
TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, games-n-fun.com has the right to immediately terminate or cancel your access to the Site and/or Applications without prior notice. In such cases, games-n-fun.com may also block your usage of the Site and/or Applications or instruct you to stop using them. If you repeatedly violate these Terms, games-n-fun.com may permanently suspend your access rights to the Site and/or Applications. You acknowledge that games-n-fun.com reserves the sole discretion to terminate or cancel your access rights to the Site and/or Applications, and to delete your account and user profile, in whole or in part, without prior notice, for any reason or no reason at all. Furthermore, games-n-fun.com has the right to modify or discontinue the Site, Applications, or any part thereof, at any time, with or without notice. You understand and agree that games-n-fun.com shall not be liable to you or any third party for any modifications, suspensions, or discontinuations of the Site, Applications, or any part thereof. Any suspected fraudulent, abusive, or illegal activities may be reported to the appropriate law enforcement authorities. These remedies are in addition to any other remedies that games-n-fun.com may have under applicable laws or in equity.
Any suspension, termination, or cancellation of your access to the Site and/or Applications will not release you from your obligations to games-n-fun.com under these Terms. Your responsibilities related to ownership, indemnification, and limitation of liability, among others, will continue to apply and remain in effect even after any suspension, termination, or cancellation occurs. These obligations are intended to endure and be binding upon you, regardless of such actions taken by games-n-fun.com.
ENTIRE AGREEMENT
These Terms, along with your registration forms, the disclosures provided by games-n-fun.com, and your consents, constitute the complete agreement between you and games-n-fun.com. If any provision of these Terms and/or the Privacy Policy is deemed unlawful, void, or unenforceable for any reason, it will be considered separate from these Terms and/or the Privacy Policy, without affecting the validity and enforceability of the remaining provisions. games-n-fun.com’s failure to take action in response to a breach by you or others does not waive its right to take action in response to subsequent or similar breaches.
NOTICES
All notices or communications required to be given under these terms shall be in writing and may be provided by games-n-fun.com via email (to the email address you provide), by posting on the Site, or by you via email to contact@games-n-fun.com or any other addresses specified by games-n-fun.com in writing. The date of receipt shall be considered the date on which the notice is transmitted.