FunGamesCentral™ Terms and Conditions

Last Updated: October 08, 2007

FunGamesCentral™ Terms and Conditions

Welcome to the FunGamesCentral™ website at www.FunGamesCentral.com (the "Website") brought to you by FunGamesCentral™ ("FunGamesCentral™," "us" or "we"). You must agree to these terms and conditions ("Agreement") before you may access and/or use our Website and/or the online gaming service (the "Service") available at the Website. Please read this Agreement carefully. By accessing and/or using this Website and/or Service, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and to abide by all of its terms and conditions. This Agreement is subject to change at any time and changes are effective upon their posting at the Website. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments and/or changes to the original Agreement. Please review the following provisions of this Agreement carefully. If you do not agree to all the terms and conditions contained in this Agreement in its entirety, you are not authorized to use this Website or the Service in any manner or form.

1. The Service: Through the Service, you have the ability to access and play web-versions of online games from our games database (each, a "Game"). Registration with FunGamesCentral™ is necessary to become a member ("Member") and to fully access the Service. Non-members may view what Games are available through the Service, but must become a Member to download and play Games. When you register to become a Member, you agree to provide accurate, current and complete information about yourself ("Registration Data") as prompted by our registration form. You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. FunGamesCentral™ reserves the right, in its sole discretion, to terminate your membership for inaccurate, untrue, deceptive and/or incomplete Registration Data.

At this time FunGamesCentral™ does not charge a fee to access Games through the Service. However, FunGamesCentral™ reserves the right to charge a fee for access to Games, or a select group of Games, through a premium membership in the future, in FunGamesCentral™' sole discretion. Such fees, if any, will be noted as a requirement to access such Games.

In order to view and play some or all of the Games available at the Service, you may be required to download an application from a third party software developer (such as Macromedia® Shockwave). These applications are made available from third parties who are not affiliated and/or associated with FunGamesCentral™. Accordingly, despite the fact that the installation of the particular application may be necessary to play Games, FunGamesCentral™ shall not be liable or responsible in any manner arising from the application including, without limitation, the inability to download, install and/or use the application in connection with Games. Fees. You agree to pay for all charges incurred by you to obtain a premium membership, if such fee is required, via the payment method you supply. The cost for a premium membership, if any, are provided to you at the Website and/or at the point of purchase, and may change from time to time in FunGamesCentral™' sole discretion. These changes are effective when posted at the Website. Once charged to your credit/debit card, FunGamesCentral™ will continue to charge the monthly premium membership fee each month until such time that you cancel your premium membership. Cancellation/Refund Policy. You may cancel your premium membership at any time and you will no longer be billed for monthly membership fees. However, FunGamesCentral™ will not refund any membership fees to you for any reason, whatsoever, and your membership will remain active until the end of the premium membership period for which you have paid. This FunGamesCentral™ credit policy is disclosed to premium members at the time of purchase and may be changed from time to time, in the sole discretion of FunGamesCentral™, in any manner that FunGamesCentral™ deems reasonable.

2. Eligibility: All visitors and Members must be eighteen (18) years of age or older and a legal resident of either the United States and/or Canada to use the Website and/or Service.

3. Username and Password: As part of the registration process, you will be asked to select a username and password. We may refuse to grant to you any username, in our sole discretion, if the username that you select is invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. You are solely responsible for the confidentiality and use of your username and password. You agree not to transfer or resell your username and/or password, or otherwise provide access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information and immediately notify FunGamesCentral™ of same by e-mailing us at info@FunGamesCentral.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

4. Termination: FunGamesCentral™ reserves the right to terminate your access to the Website for any reason or no reason, in our sole discretion. FunGamesCentral™ may terminate your membership via any reasonable means including, but not limited to, by sending notice to you at the e-mail address that you provide in your application for membership or such other e-mail address(es) as you may later provide to us. Such termination is effective upon transmittal by FunGamesCentral™. However, you obligations of indemnification shall survive any termination of this Agreement or the cancellation of your FunGamesCentral™ membership.

5. License Grant: As a user of this Website, you are granted a non-exclusive, non-sublicensable, non-transferable, revocable and limited license to access and use the Website and Service in accordance with this Agreement. This license shall terminate upon any termination of this Agreement. In addition, FunGamesCentral™ may terminate this license at any time for any reason.

You may access and use the Website, Service and any available Game on one computer for your own personal, non-commercial use. No part of the Website, Service or Game may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Service, Games or any portion thereof. FunGamesCentral™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on FunGamesCentral™ infrastructure.

Your right to use the Website, Service and Games is not transferable. Access to, and use of, the Website, Service and/or Games may be through a combination of user name and password ("Login"). If you access the Website, Service and/or Games through a Login, you must keep your Login strictly confidential. You agree that you are responsible for protecting your Login at all times. Accordingly, you are responsible for notifying FunGamesCentral™ if there has been any unauthorized use of your Login. For security reasons, FunGamesCentral™ will not release passwords for any reason, other than to the applicable user, except as may be specifically required by law or court order. Unauthorized access to the Website, Service and/or Games is a breach of this Agreement and a violation of applicable law.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT EACH GAME MAY BE SUBJECT TO ITS OWN EULA, TO WHICH YOU PRIOR ACCEPTANCE MAY BE REQUIRED PRIOR TO DOWNLOADING AND/OR ACCESSING SUCH GAME.

6. Proprietary Rights: We reserve the right, in our sole discretion, to edit or delete any documents, information or other content appearing on the Website and Service. The Games, content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, service and other matters related to the Website and Service, are the sole property of FunGamesCentral™ and its licensors and protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website and Service is strictly prohibited, unless otherwise explicitly contained within this Agreement. You do not acquire ownership rights to any Games, content, document, software, service or other materials viewed at or through the Website and Service. The posting of information or materials at the Website by FunGamesCentral™ does not constitute a waiver of any right in such information and materials. Games are owned by their respective copyright holder and used by FunGamesCentral™ with permission from the respective copyright licensors. Where a trademark, service mark and/or other indicia of origin appear in connection with a Game, such use is by license granted to FunGamesCentral™ and FunGamesCentral™ claims no ownership rights with respect to such trademark, service mark and/or other indicia of origin.

7. Online Content: FunGamesCentral™ does not guarantee the accuracy, completeness or usefulness of any information available on the Website and/or through the Service including, without limitation, any Games. You understand and agree that FunGamesCentral™ will not be responsible for, and user hereby agrees to hold FunGamesCentral™ harmless from , any and all loss or damage resulting from anyone's reliance on information, Games or other content posted on the Website, available through the Service or that which is otherwise transmitted to Members.

8. Online Conduct: As a Member, you agree to use the Service in a manner consistent with any and all applicable laws and regulations. Without limiting the generality of the foregoing, you agree not to: use or post any offensive anatomical or sexual references, offensive language, confidential information of any third person, any photographs or other images containing offensive, pornographic, obscene and/or confidential information; impersonate any person or entity; "stalk" or otherwise harass any person via the Website and/or Service; engage in advertising to, or solicitation of, other Members to buy or sell any products or service through the Website and/or Service; transmit any chain letters, spam or junk e-mail to other Members; express or imply that any statements you make are endorsed by FunGamesCentral™; harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained on the Website; interfere with or disrupt the Service and/or Website, or the servers and/or networks connected to the Service and/or the Website; post, e-mail or otherwise transmit any material that 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; forge headers or otherwise manipulate identifiers in order to disguise the origin of any e-mail greeting card transmitted through the Service; "frame" or "mirror" any part of the Website, without our prior written authorization; use metatags or code or other devices containing any reference to FunGamesCentral™, the Service or the Website in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in the immediate termination of your membership without notice, in the sole discretion of FunGamesCentral™, pursuant to the terms of this Agreement. FunGamesCentral™ reserves the right to pursue any and all legal remedies against users who engage in the aforementioned prohibited conduct.

9. Privacy: Use of the Website and/or Service is governed by our Privacy Policy, which may change from time to time. FunGamesCentral™ reserves the right to use your personal information in any manner consistent with our Privacy Policy.

10. Indemnification: You agree to indemnify, defend and hold FunGamesCentral™, its parents, subsidiaries and affiliates, and each of their respective officers, executives, employees, owners, and authorized agents (each a "Covered Party"), harmless from any and all loss, liability, claims and/or demands (including reasonable attorneys' fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website, the Service and/or arising from your breach of this Agreement.

11. WARRANTIES/LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT ACCESS AND/OR USE OF THE WEBSITE, SERVICE AND/OR GAMES IS AT YOUR SOLE RISK. THE WEBSITE, SERVICE AND GAMES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE, SERVICE AND/OR GAMES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FunGamesCentral™ AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICE AND/OR GAMES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FunGamesCentral™ AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FunGamesCentral™ AND YOU. THE WEBSITE, SERVICE AND GAMES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FunGamesCentral™ THROUGH THE WEBSITE AND/OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

FunGamesCentral™ IS NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR MEMBER COMMUNICATIONS; 2) THE CONDUCT OF ANY MEMBER, WHETHER ONLINE OR OFFLINE INCLUDING, WITHOUT LIMITATION, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR OTHER CONDUCT OF ANY OTHER PARTY; 3) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR PROVIDED IN CONNECTION WITH WEBSITE, SERVICE AND/OR GAMES, WHETHER CAUSED BY FunGamesCentral™, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE WEBSITE, SERVICE AND/OR GAMES; 4) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 5) ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

THE MAXIMUM LIABILITY OF FunGamesCentral™ AND THE COVERED PARTIES TO YOU OR TO ANY THIRD-PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID TO FunGamesCentral™ FOR THE WEBSITE, SERVICE AND/OR GAMES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FunGamesCentral™ SHALL NOT BE LIABLE TO YOU FOR ANY SERVICE, GOODS AND/OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE, SERVICE AND/OR GAMES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, SERVICE AND/OR GAMES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE CANCELLATION OF YOUR MEMBERSHIP AND TO DISCONTINUE USE OF THE WEBSITE, SERVICE AND/OR GAMES.

12. Third-party Websites: The Website and/or Service may provide hyperlinks, banner advertisements, pop-ups and/or other online methods to redirect you to other third party Internet websites and/or resources. Because FunGamesCentral™ has no control over such websites and/or resources, you hereby acknowledge and agree that FunGamesCentral™ is not responsible for the availability of such third party websites and/or resources. Furthermore, FunGamesCentral™ does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or resources, or for any damages and/or losses arising therefrom.

13. Copyright Claims: FunGamesCentral™ respects the intellectual property rights of others, and we ask our Members to do the same. The content available at the Website, Service and Games is solely the property of FunGamesCentral™ and its licensors. FunGamesCentral™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members who may be infringing the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FunGamesCentral™' copyright agent with the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FunGamesCentral™ to locate the material.
Information reasonably sufficient to permit FunGamesCentral™ to contact you, such as an address, telephone number and, if available, an e-mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or under applicable laws.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FunGamesCentral™' agent for notice of claims of copyright and other intellectual property right infringement can be reached as follows:

By mail: Copyright Claims c/o Traffix, Inc., One Blue Hill Plaza, Pearl River, New York 10965

By email: copyrightclaims@traffixinc.com

14. Miscellaneous: You are solely responsible for providing all personal computer and communications equipment necessary to gain access to the Website and Service. FunGamesCentral™ does not guarantee continuous, uninterrupted or secure access to our Service, and operation of the Website may be interfered with by numerous factors outside of FunGamesCentral™' control. Terms that, by their nature, would survive any termination of this Agreement including, without limitation, Sections 9, 10, 11 and 14, shall survive any termination of this Agreement. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Website or Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. FunGamesCentral™' failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

15. Legal Warning: Any attempt by any individual, whether a Member or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, Service and/or Games, is a violation of criminal and civil law and FunGamesCentral™ will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
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