Microfun Inc. - Terms of Use

1 About these terms

1.1 These terms apply to your download, access and/or use of Microfun Inc. games, whether on your computer, on a mobile device, on our website or any other website, device or platform (each a "Game" and together the "Games"). These terms also apply to any other services that we may provide in relation to the Games, such as customer support, social media, community channels and other websites that we may. These terms are a legal agreement and contain important information about your rights and obligations in relation to our Games.

1.2 If you do not agree to these terms or any future updated version of them then you must not access, and must cease all access to any of our Games. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to play the Games until you have taken such action.

1.3 These terms represent a legal agreement between you and Microfun Inc. a Washington Corporation whose correspondence address is 620 Kirkland Way Suite 204, Kirkland, WA, 98033. IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN PARAGRAPH 19.

1.5 In these terms references to "Microfun", "we", "us" and "our" are references to Microfun Inc.

1.6 These terms are made available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, Amazon App Store or Windows Phone Store), on any website or platform where you can play our Games such as www.facebook.com, and on our website. You agree that by accessing and/or playing our Games, you are agreeing to these terms and our Privacy Policy.

1.7 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or play our Games.

1.8 You can access the latest version of these terms at any time at http://www.microfun.com/agreement.html.
 We can make changes to these terms at any time in accordance with paragraph 17 below and, except in relation to any amendment to paragraph 21 (Binding Arbitration and Class Action waiver) below, your continued use of our Games after the terms have been updated shall confirm your acceptance of the updated terms.

2 About accessing our Games

2.1 The specific game rules, scoring rules, controls and guidelines for each Game can be found within the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.

2.2 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or playing our Games. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or play our Games.

2.3 There may be times when our Games or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

3 Accounts

3.1 When using our Games you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret.

3.2 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.

3.3 In these terms, references to “log in details" or “account" include your log in details and account for any social network or platform that you may allow our Games to interact with.

3.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or playing our Games and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

3.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.

3.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR GAMES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

3.9 Your account is personal to you and you are not entitled to transfer your account to any other person.

4 Virtual Goods and Virtual Money

4.1 Our Games may include virtual currencies such as gold bars, gold coins, and gems (“Virtual Money") or items or services for use with our Games (“Virtual Goods"). You agree that once purchased Virtual Money and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Money and/or Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money and/or Virtual Goods to anyone else.

4.2 You do not own Virtual Goods and/or Virtual Money but instead you purchase a limited personal revocable license to use them - any balance of Virtual Goods and/or Virtual Money does not reflect any stored value.

4.3 You agree that all sales by us to you of Virtual Money and/or Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Goods or Virtual Money from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 4.3, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Money are successfully credited to your account on our servers.

4.4 If you do not connect your gameplay on a device to an account that is linked to your social network account, we will not be able to restore any Virtual Money or other data associated with your Game to a different device if you lose that device, reset the devices advertising id, or it is damaged. Accordingly, on a device which is not connected in this way:
• any risk of loss of Virtual Money which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.3 above;
• any risk of loss of Virtual Money that you receive from us without making a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on our servers; and
• any risk of loss of other data associated with your gameplay (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such gameplay data is generated.

4.5 If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.

4.6 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.

4.7 We may revise the pricing for Virtual Goods and Virtual Money offered through the Games at any time. We may limit the total amount of Virtual Goods or Virtual Money that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to obtain Virtual Money and Virtual Goods from us or our authorized partners through the Games, and not in any other way.

4.8 Depending on your platform, any Virtual Goods or Virtual Money purchased is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

4.9 Without limiting paragraphs 3.7, 4.4 or 7.1 if we suspend or terminate your account in accordance with these terms you may lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.

4.10 Paid subscriptions automatically renew until cancelled in the Subscriptions section of your IAP account settings, even after this app is deleted. You will be billed the subscription price continuously for your subscription after the free trial period ends until you cancel. We will notify you if the price of a paid subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period. If you do not wish to renew your subscription, cancel the subscription before the free trial ends or before your next payment date. The cancellation will take effect the day after the last day of the current subscription period. However, if you cancel your payment or paid subscriptions before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you believe you are entitled to receive a refund of any payment to Microfun Inc., please contact customer support.

5 User conduct and content

5.1 You must comply with the laws that apply to you in the location that you access our Games from. If any laws applicable to you restrict or prohibit you from using our Games, you must comply with those legal restrictions or, if applicable, stop accessing and/or playing our Games.

5.2 You promise that all the information you provide to us on accessing and/or playing our Games is and shall remain true, accurate and complete at all times.

5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Games by you or another user (“Content"). You understand and agree that all Content that you may be sent when playing our Games, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Games.

5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
• that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
• that is or could reasonably be viewed as invasive of another's privacy;
• that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
• which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
• which infringes any intellectual property right or other proprietary right of others;
• which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
• which contains software viruses 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.

5.5 You agree that you will not:
• use our Games to harm anyone or to cause offence to or harass any person;
• create more than one account per platform to access our Games;
• use another person or entity’s email address in order to sign up to use our Games;
• use our Services for fraudulent or abusive purposes (including, without limitation, by using our Games to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Games);
• disguise, anonymize or hide your IP address or the source of any Content that you may upload;
• use our Games for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
• remove or amend any proprietary notices or other ownership information from our Games;
• interfere with or disrupt our Games or servers or networks that provide our Games;
• attempt to decompile, reverse engineer, disassemble or hack any of our Games, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
• 'harvest', 'scrape' or collect any information about or regarding other people that play our Games, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags', cookies, or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
• sell, transfer or try to sell or transfer an account with us or any part of an account, Virtual Money and/or Virtual Goods;
• disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
• disobey any requirements or regulations of any network connected to our Games;
• use our Games in violation of any applicable law or regulation;
• use our Games to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Games, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
• use our Services in any other way not permitted by these terms.
If you are concerned that someone else is not complying with any part of these terms, please contact customer support.

5.6 We do not control Content posted on our Games by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when playing our Games, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Games.

5.7 We have the right to remove uploaded Content from our Games if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Games into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Games and we make no undertaking to do so.

5.8 You are solely responsible for your interactions with other users of our Games.

6 Playing our Games with other users

6.1 Some of our Games allow you to play against an opponent or to play socially with other users. You may be able to:

6.1.1 choose to play against another user or to play socially with another user whom Microfun selects for you, or

6.1.2 play against, or play socially with, one of your contacts on a platform or social network which you have allowed our Games to interact with. Some of our Games may also allow you to search for your friends (for example, by player ID) in order to find them to play against or play socially with. We may also display the display names of your past opponents so that you can easily find them to play again.

6.2 Where Microfun selects another user for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores, your country, or the level you have reached in the Game or your other gameplay activity).

6.3 By accessing and/or playing our Games, you agree that your display name, scores, avatar, country location, online/offline status and other related details may be displayed to other users. You also understand and agree that other users may find you by searching for you with your player ID. Please note that we will only show your display name publicly and not your player ID; another user must already know your player ID themselves in order to search for you.

7 Your breach of these terms

7.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:

• delete, suspend and/or modify your account or parts of your account;
• otherwise suspend and/or terminate your access to our Games;
• modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;
• reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.

Without limitation, any breaches of paragraphs 4.1, 4.7, 5.4 or 5.5 are likely to be considered material breaches.

7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

8 Availability of the Services

Subject to the next sentence, we do not guarantee that any of our Games will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Money and/or Virtual Goods or any other part of our Games which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Games in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Games which has been paid-for with real money). We make no warranty or representation regarding the availability of the Games which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Games then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Games or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.

9 Limitation of Liability

9.1 We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.

9.2 We are not responsible for:

• losses or harm not caused by our breach of these terms or negligence;
• losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
• any damage that may be caused to any device on which you access or use any of our Games that is caused in any way by our Games unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Games or other Services;
• any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
• technical failures or the lack of availability of any of our Games where these are not within our reasonable control.

9.3 For any losses or harm (other than those mentioned in paragraph 9.1 and subject to paragraph 9.2) in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.

9.4 Subject to paragraph 9.5 below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Games and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Games is to discontinue your use of our Games.

9.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.

10 Intellectual Property

10.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Games (other than Content which is contributed and owned by players) is owned by or licensed to us.

10.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Games (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Games for anything else. These terms also apply to any update or patches which we may release or make available for any of the Games and any such update or patch shall be deemed part of the Games for the purposes of these terms.

10.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR GAMES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute, make available to the public or create any derivative work from our Games or any part of our Services unless we have first agreed to this in writing.

10.4 In particular, and without limiting the application of paragraph 10.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Games, including providing access to any Virtual Money and/or Virtual Goods, whether on a free of charge basis or otherwise.

10.5 By submitting Content (as defined in paragraph 5.3) via our Games you:

• are representing that you are fully entitled to do so;
• grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
• acknowledge that you may have what are known as “moral rights" in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and
• agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.

10.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to customer support.
• a description of the intellectual property rights and an explanation as to how they have been infringed;
• a description of where the infringing material is located;
• your address, phone number and email address;
• a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

11 Privacy

Please see our privacy policy at http://www.microfun.com/privacy/privacy.html.

12 Links

We may link to third party websites or services from our Games. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

13 Transferring these terms

We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

14 Entire agreement

These terms set out the entire agreement between you and us concerning our Games (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us.

15 Changes to these terms

15.1 You can find these terms at any time by visiting http://www.microfun.com/privacy/privacy.html.

15.2 Without affecting paragraph 19.8 below, we reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Games.

16 Severability

If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.

17 Waivers of our rights

Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

18 Complaints and dispute resolution

18.1 Most concerns can be solved quickly by contacting us at customer support.

18.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the United States.

19 BINDING ARBITRATION AND CLASS ACTION WAIVER:

19.1 These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you if you are domiciled in and/or access, download and use our Games in the United States. These provisions may also apply to you if you are domiciled in and/or download or use our Services from outside the United States. See JURISDICTION AND APPLICABLE LAW below for details.

19.2 Initial Dispute Resolution: If you have any concerns or queries regarding our Services, our customer support team can be reached through our customer support email. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

19.3 Binding Arbitration: If the parties do not reach a mutually agreed solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph above, then either party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these terms and the Privacy Policy (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of any of the Games shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of these terms notwithstanding any other choice of law provision contained in these terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these terms, including without limitation any claim that all or any part of these terms or the Privacy Policy is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

19.4 Location: If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Los Angeles County, California, and you and we agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

19.5 Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

19.6 Exception - Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these terms. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

19.7 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration," "Location," and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: Microfun Inc., 620 Kirkland Way Suite 204, Kirkland, WA, 98003, United States, Attn: Microfun Inc. Legal. The notice must be sent within 30 days of the earlier of your first download of the applicable Game or commencing use of our Games (or if no purchase was made, then within 30 days of the earliest of the date on which you first download the applicable Game or access or commence use the applicable Service); otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.

19.8 Changes to this section: We will provide 60-days’ notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.

20. JURISDICTION AND APPLICABLE LAW

Our Games and other Services are made available subject to these terms. This section explains which laws apply to these terms.

20.1 You are contracting with Microfun Inc. whose address is 620 Kirkland Way Suite 204, Kirkland, WA, 98033, United States and the laws of the United States shall govern the interpretation of these terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident. If there is a dispute between us regarding these Terms of Use, then that dispute will be subject to the jurisdiction of the courts of United States unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.

20.1 If you are resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States, then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions above.

21 Questions about these terms

If you have any questions about these terms or our Services you may contact customer support. These terms were last updated on 28 July 2017.