TERMS OF SERVICE

Effective Date: August [31], 2026

Welcome to FUNFLY!

These Terms of Service (these “Terms”) are an agreement between you and FUNFLY PTE. LTD. (“FUNFLY”, “we”, “our”, or “us”). Your agreement is with FUNFLY PTE. LTD. only. No other entity (including any affiliate or subsidiary of FUNFLY in any jurisdiction) is a party to these Terms or has any obligation to you under them.

These Terms govern your use of our applications for mobile platforms or devices and web applications (collectively, “Applications”), our web domains and subdomains, including https://www.firstfun.com/ and https://www.lastwar.com/ (collectively “Sites”), our web forums and messaging boards on our Sites or Applications (“Forums”) and any content, tools, features or functionalities offered on or through our Sites and Applications (collectively, “Services”).

PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND FUNFLY. BY DOWNLOADING, INSTALLING OR ACCESSING ANY OF OUR APPLICATIONS OR OTHERWISE ACCESSING OR USING THE SERVICES YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, AND (2) YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION AND HAVE THE CAPACITY TO FORM A BINDING CONTRACT WITH FUNFLY, OR THAT YOU HAVE OBTAINED THE CONSENT FROM YOUR PARENT OR GUARDIAN WHO FULFILS (1) AND (2) AND WHO AGREES TO BE BOUND BY THESE TERMS AND BE RESPONSIBLE FOR YOUR USE OF THE SERVICES. IF NOT, YOU MUST NOT ACCESS OR OTHERWISE USE THE SERVICES. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY (“PRIVACY POLICY”), AND AGREE TO FUNFLY COLLECTING, USING, DISCLOSING OR PROCESSING YOUR PERSONAL INFORMATION IN ACCORDANCE WITH AND FOR THE PURPOSES AS SET OUT IN OUR PRIVACY POLICY.

IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Agreement, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with FUNFLY. For users who are residents of the United States only, you and FUNFLY agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court as provided below in Section 23 and other limited exceptions set forth in Section 23. You may opt out of the binding individual arbitration and class action waiver as provided below in Section 23 of these Terms.

1. Modification

FUNFLY reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time. We will notify you if we make changes to these Terms that materially impact your rights, and you will be required to consent to the modified Terms in order to continue using our Services. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services. You agree that FUNFLY may change any part of the Services, including its content, at any time or discontinue the Services or any part thereof, for any reason, without notice to you and without liability.

2. No Unlawful or Prohibited Use

By using our Services, you represent and warrant to us that you will not use our Services, or any of the content obtained from our Services, for any purpose that is unlawful or prohibited by these Terms or applicable laws.

3. Right to Use

In order to access the full feature set of our Services, you may need to create an account within our Services. You may be required to provide certain information, and you agree to provide accurate, current and complete information during the process and to update such information to keep it accurate, current and complete. You agree to monitor and restrict access to your account by minors, and you are fully responsible for any unauthorized use of our Services, including any use of your credit cards or other payment methods by minors.

FUNFLY reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, or if we are directed or requested to do so by a court, administrative agency or other governmental body. If you do not have an account, we may allow you to only browse or use in limited ways those parts of our Services that are not limited to users with account only. You agree to take sole responsibility for any activities or actions under your account, whether or not such activities or actions were taken by you or you have authorized such activities or actions. FUNFLY shall be entitled to rely on, and hold you responsible and liable for, such activities or actions, as if such activities or actions were authorized or taken by you. You will immediately notify FUNFLY of any unauthorized use of your account. Even though we use the word “your” to describe an account you created, you agree that you have no ownership or other property interest in such account at all, and you further agree that all rights in and to such account are and always will be owned by and inure to the benefit of FUNFLY.

FUNFLY expressly reserves the right to deny anyone access to the Services at any time due to actual or reasonably suspected breaches of these Terms with or without notice. You agree that FUNFLY may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability.

At our sole discretion, we may require proof that you meet these conditions in connection with the use of the Services (including proof of age). Failure to comply with this condition will result in suspension of your account until satisfactory proof has been provided. Should you deliberately provide us with false or misleading information, we shall have the right to close your account, which will result in loss of all Virtual Items (defined in Section 11 below) accumulated through your use of the Services.

PARENTAL CONSENT AND RESPONSIBILITY FOR MINORS

If you are a parent or guardian of a minor who is under the age of 18 (or the applicable age of majority in your location), please make sure that you have read and agreed to these Terms before allowing your child to create your child’s own account(s) or to use our Services. By permitting your child to use our Services, you agree that you are subject to these Terms and that you are responsible for your child’s activities while using our Services. You agree to supervise your child’s use of our Services and make sure that your child only views the contents that are age-appropriate for them. If a minor makes a purchase and later seeks to disaffirm it, you, as the parent or guardian, agree to indemnify FUNFLY for any amounts owed and authorize FUNFLY to retain the funds spent.

4. Privacy

You acknowledge and agree that FUNFLY will collect from you and your device, use, and share certain personal information as described in our Privacy Policy for respective Services. By accessing and using our Services, you agree that you have read and understood such Privacy Policy, and agree to FUNFLY collecting, using, disclosing or processing your personal information in accordance with and for the purposes as set out in our Privacy Policy.

5. Content

Certain types of content are made available on or through our Services:

(1) User Content: which means text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by a user on or through our Services.

(2) FUNFLY Content: which means all data and content posted, generated, provided, or otherwise made available in or through the Services, including text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, FUNFLY or our licensors’ trademarks and logos, FUNFLY Applications, any Customizations and other content made available by FUNFLY on or through our Services, but excludes User Content. For the avoidance of doubt, the following constitute FUNFLY Content: user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs as generated by the system, game recordings and broadcasts, locations, location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual goods, in-game currency, audio-visual effects, character likenesses, methods of operation, Virtual Items and gameplay. “Customizations” means the modifications, designs or enhancements to FUNFLY Content as a result of a user’s customization of a FUNFLY Content, but does not include User Content.

6. Ownership

Our Services and FUNFLY Content are protected by copyright, trademark, and other laws of the applicable jurisdiction. Except as expressly provided in these Terms, FUNFLY and our licensors exclusively own all right, title and interest in and to the Services and FUNFLY Content, including all associated intellectual property rights, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights (“Intellectual Property Rights”). FUNFLY will exclusively own all right, title and interest in and to any Customizations. In exchange for the rights licensed to you under these Terms, you hereby assign to us all right, title and interest that you may have in such Customizations you create, including all intellectual property rights therein. You also hereby waive any and all rights you may have in any Customizations under copyright law or otherwise. You agree that any Customizations you create will comply with these Terms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or FUNFLY Content.

7. FUNFLY Content License

Subject to your compliance with these Terms, FUNFLY hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use an object code copy of the Application including FUNFLY Content for the account on the device owned or leased solely to you. FUNFLY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Services including FUNFLY Content that are not part of the Application. Use of the Services or FUNFLY Content shall be solely for your own, private, personal and non-commercial entertainment purposes and for no other purpose. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or FUNFLY Content, except only as expressly permitted by these Terms or otherwise expressly authorized in writing by FUNFLY on a case-by-case basis. No licenses or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by FUNFLY or its licensors, except for the licenses and rights expressly granted by these Terms. You may not create any work of authorship based on the FUNFLY Content except as expressly permitted by us.

You may not: (i) modify, disassemble, decompile or reverse engineer the Services; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Services to any third party or use the Services to provide time sharing or similar services for any third party; (iii) make any copies of the Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; or (v) delete the copyright and other proprietary rights notices on the Services. You acknowledge that FUNFLY may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that FUNFLY has no obligation to do so. You consent to such automatic upgrading on your device, and agree that these Terms will apply to all such upgrades. For clarity, the foregoing license grant is not a sale of the Application or any copy thereof, and FUNFLY and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.

You acknowledge that the Services and FUNFLY Content contain confidential and proprietary information, including but not limited to source code, object code, technical architecture, logic, structure, algorithms, network protocols, game data, and security measures. You agree to hold in the strictest confidence all such information and not to copy, reproduce, distribute, disclose, or otherwise make available to any third party any non-public information relating to the design, operation, or technical elements of the Services or FUNFLY Content, except as expressly authorized by FUNFLY in writing.

8. User Content

The Services may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics. FUNFLY cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Services. FUNFLY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS.

FUNFLY may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Services. You acknowledge that chats, postings, materials or other User Content posted by users are neither endorsed nor controlled by FUNFLY, and these items should not be considered reviewed or approved by FUNFLY. By using the Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that FUNFLY will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to remove or delay in removing User Content.

By making available any User Content on or through our Services, you hereby grant to FUNFLY a worldwide, irrevocable, perpetual, non-exclusive, transferable, license-fee-free and royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of our Services, or for any other purpose related to the Services, including to improve and promote the Services. You agree that this license includes the right to pass these rights along to others with whom we have contractual relationships related to the provision of the Services, and the right to make your User Content available to others to use as part of their own use of the Service (except for your User Content that you post privately for non-public display on the Services). FUNFLY does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to FUNFLY the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or FUNFLY’s use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate any third party’s rights (including without limitation to Intellectual Property Rights and rights of publicity or privacy), defame any third party, or result in the violation of any applicable law or regulation.

To the fullest extent permitted by applicable law, FUNFLY shall have the right to disable or remove your User Content, including where we, in our sole discretion, deem your User Content to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms or in the violation of any applicable laws. Without limitation to the foregoing, if we are requested, ordered or directed to do so by a court, administrative agency or other governmental body, we may also, depending on the nature of your User Content and our obligations under applicable laws, require you to post correction notices, disable access to your User Content by other users, stop delivery of your User Content to particular users, restrict your account from interacting with other users, or remove your User Content from the Applications or Services.

9. No Infringing Use

You will not use our Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise infringes, violates, or promotes the infringement or violation of the Intellectual Property Rights of any third party.

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a written notification by mail to our copyright agent at Funfly Pte. Ltd. c/o 2010 El Camino Real, PMB 3002, Santa Clara, CA 95050, or by email at legal@firstfun.com. The notification should contain the following information:

• identification of the copyrighted work that is claimed to be infringed;

• identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;

• information for our copyright agent to contact you, such as an address, telephone number and e-mail address;

• a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;

• a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

• the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

We will evaluate your notice and take the appropriate action at our discretion, which may include disabling or terminating the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

10. Ratings, Chat, Comments & Feedback

The Services may allow you to chat and make comments about content made available on or through our Services (“Comments”). FUNFLY advises you to exercise caution and good judgment when leaving such Comments. We do not generally monitor, review or moderate your Comments. Once you complete and submit your Comments on or through our Services, you should not expect to be able to go back and edit your Comments, nor should you expect us to make modifications to, or deletions of, your Comments on your behalf. You should be aware that you could be held legally responsible to a third party based on the content of your Comments, e.g. you could be liable for damage to someone’s reputation if your Comments are deemed to be defamatory. Without limiting any other terms or conditions of these Terms, FUNFLY may, but is under no obligation to do so, monitor or censor Comments and disclaims any and all liability relating thereto.

Notwithstanding the foregoing, to the fullest extent permitted by applicable law, FUNFLY does reserve the right, in its sole discretion, to remove any Comments, including Comments that it deems to be improper, inappropriate or inconsistent with the online activities that are permitted under these Terms, or if we are requested or directed to do so by a court, administrative agency or other governmental body.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to our Services (“Feedback”). You may submit Feedback by emailing us via email listed in Contact Us below, or by submitting through our Feedback system within our Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of FUNFLY and you hereby irrevocably assign to FUNFLY and agree to irrevocably assign to FUNFLY free of any fee or encumbrance all of your right, title, and interest in and to all Feedback, including without limitation all worldwide Intellectual Property Rights therein. Further, we are under no obligation to provide compensation for any Feedback. At FUNFLY’s request, you will execute documents and take such further acts as FUNFLY may reasonably request to assist us to acquire, perfect, and maintain the Intellectual Property Rights and other legal protections in the Feedback.

11. Virtual Items

From time to time during your use of the Services, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; (b) virtual in-game points, and (c) virtual currency, including but not limited to virtual coins, cash or points, all for use in the Services (together with virtual in-game items, “Virtual Items”). You do not in fact own the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items solely in connection with your permitted use of the Services. Virtual Items have no monetary value, no cash value, and no value outside of the Services, are not the personal property of any user, and are not redeemable for money or anything of real-world value. FUNFLY reserves the right, at any time and without prior notice, to modify, rebalance, disable, replace, or remove any Virtual Items (including but not limited to weapons, cosmetics, skins, and other in-game content) in its reasonable discretion, including to address gameplay balance, update content, or maintain the integrity of the Services, and you acknowledge that no such action shall entitle you to any refund, credit, or other compensation. You further acknowledge and agree that FUNFLY may take actions that impact the perceived value or purchase price of Virtual Items at any time, and that FUNFLY shall have no liability to you or any third party for any such change in perceived value.

The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your account, termination of these Terms, and/or the discontinuation of the Services. FUNFLY prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Services, or the purported sale, gift or trade of anything that appears or originates in the Services, unless otherwise expressly authorized by FUNFLY in writing. Accordingly, you may not sublicense, trade, buy, sell or attempt to buy or sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without FUNFLY’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination. You acknowledge and agree that: (a) FUNFLY may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) FUNFLY has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. FUNFLY reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that FUNFLY shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. FUNFLY may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. FUNFLY owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from FUNFLY.

You acknowledge and agree that FUNFLY does not represent or guarantee that the purchase of any Virtual Item will provide, preserve, or protect any competitive advantage, standing, progress, or outcome within the Services, and that any such advantage, if any, is not guaranteed and may be affected by the conduct of other users and by changes to the Services. You further acknowledge and agree that all purchases of Virtual Items are made voluntarily and at your own discretion, and that you are not relying on any statement, advertisement, or representation regarding price, discount, value, savings, scarcity, availability, competitive advantage, or the likelihood of any particular outcome in deciding to purchase Virtual Items.

12. Orders, Payments and Refunds

12.1 You may purchase, with real-world money, limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licenses to use Virtual Items within the Services. You acknowledge and agree that Virtual Items are licensed, not sold, have no monetary value, and are not redeemable for real money or items of value outside the Services.

12.2 The provision of Virtual Items for use in FUNFLY’s games constitutes a service provided by FUNFLY that commences immediately upon FUNFLY’s acceptance of your purchase. By completing the purchase, you expressly request and consent to FUNFLY beginning performance of the Services and delivering the Virtual Items before the expiration of any applicable statutory withdrawal period. You acknowledge and agree that, to the extent permitted by applicable law, your statutory right of withdrawal may no longer apply once the performance has begun or the Virtual Items have been delivered, accessed, or used.

12.3 Except as expressly stated in these Terms, as provided in the game, or otherwise required under applicable law, all purchases are final and non-refundable. Where refund is otherwise granted, the corresponding Virtual Items may be removed or your account may be adjusted. For clarity, purchases made through third-party marketplaces may also be subject to the marketplaces’ own refund policies and procedures.

12.4 If a refund or chargeback is successfully processed through a third-party platform while the corresponding Virtual Items have already been performed, delivered or used, FUNFLY may remove such Virtual Items or restrict access to certain Services.

You acknowledge that repeated, abusive, or bad-faith refund behavior may result in account restrictions, suspension, or termination.

12.5 If you are under the age of legal majority in your jurisdiction, purchases may be made only with the involvement and consent of your parent or legal guardian. Refund requests based on minor status may require reasonable verification materials. Except as expressly stated under applicable laws, failure to provide the requested verification materials, or provision of incomplete information, may result in rejection of the refund request.

12.6 You acknowledge and agree that certain purchases of Virtual Items in the game are processed by third-party billing systems (including but not limited to Google Play, App Store and other applicable platforms). Accordingly, we may not be able to provide bills or invoices relating to such transactions; however, you may view the orders and records through the corresponding third-party billing platform.

13. Taxes

You are responsible for and will pay all fees and applicable taxes incurred by you or anyone using an account linked to you.

14. Mobile Operating Software Providers and Third-Party Publishers

Providers of operating software for mobile devices (“OS Providers”) offer virtual storefronts and marketplaces for you to browse, locate and download, among other things, mobile applications, such as Google’s Play Store. If you download FUNFLY Applications from a virtual storefront or marketplace operated by your OS Provider, please note that, in addition to complying with these Terms, you must also comply with the terms and conditions of such virtual storefront or marketplace.

In addition, FUNFLY may from time to time offer access to third-party mobile applications available via our Services, which are designed by third-party publishers. You understand and agree that access to, and use of, any third-party mobile application shall be subject to terms and conditions of use provided by the third-party publisher of such third-party mobile application.

You further acknowledge and agree that (1) FUNFLY has no control over such OS Providers or third-party publishers, and shall under no circumstance be deemed a party to any agreement or arrangement between you and them; (2) FUNFLY shall have no obligation to review the services or products provided by such OS Providers or third-party publishers, makes no representations or warranties as to such services or products, and shall not be deemed to endorse any OS Providers or third-party publishers or their products and services; and (3) you shall not hold FUNFLY liable for, and shall release FUNFLY from any liabilities, losses or damages (whether direct, indirect, incidental, consequential, special, exemplary, punitive, enhanced or otherwise) that may be caused by such OS Providers or third-party publishers or incurred by you as a result of using any products or services provided by such OS Providers or third-party publishers.

15. Interactions between Users

You are solely responsible for your interactions (including any disputes) with other FUNFLY users. Even if we choose to offer report user, block user, or similar features on our Services, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Services and disclosing personal information to other FUNFLY users. You agree to take reasonable precautions in all interactions with other FUNFLY users, particularly if you decide to meet a FUNFLY user offline, or in person. Your use of our Services, FUNFLY Content, User Content and any other content made available through our Services is at your sole risk and discretion and FUNFLY hereby disclaims any and all liability to you or any third party relating thereto. FUNFLY reserves the right to contact users, in compliance with applicable laws and regulations, in order to evaluate compliance with these Terms and any other applicable rules. You agree to cooperate fully with FUNFLY to investigate any suspected unlawful, fraudulent, improper or inappropriate activity.

16. General Prohibitions

You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and these Terms herein. You undertake that you shall not defraud, or attempt to defraud, FUNFLY or other users, and that you shall not act in bad faith in your use of the Services. If FUNFLY determines that you do act in bad faith in violation of these Terms, or if FUNFLY determines that your actions fall outside of reasonable community standards, FUNFLY may, at its sole discretion, make adjustments to the Virtual Items associated with your account, including, without limitation, removing or reversing any credits, rewards, in-game currency and/or any value obtained, and may terminate your account and/or prohibit you from using the Services. Without limiting the generality of the foregoing, you specifically agree that you shall not:

(1) Violate the FUNFLY Code of Conduct;

(2) Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:

a. infringes, misappropriates or violates a third party’s Intellectual Property Rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

b. is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

c. is violent or threatening or promotes violence or actions that are threatening to any other person; or

d. promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

(3) Use, display, mirror, frame or utilize framing techniques to enclose our Services, or any individual element or materials within our Services, FUNFLY’s name, any FUNFLY or FUNFLY’s licensor’s trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without FUNFLY’s express written consent;

(4) Access, tamper with, or use non-public areas of our Services, FUNFLY’s computer systems, or the technical delivery systems of FUNFLY’s providers;

(5) Attempt to probe, scan, or test the vulnerability of any FUNFLY system or network or breach any security or authentication measures;

(6) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FUNFLY or any of FUNFLY’s providers or any other third party (including another FUNFLY user) to protect our Services or FUNFLY Content;

(7) Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;

(8) Attempt to access or search our Services or FUNFLY Content, or download FUNFLY Content from our Services, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FUNFLY or other generally available third-party web browsers;

(9) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(10) Use any meta tags or other hidden text or metadata utilizing a FUNFLY or FUNFLY licensor’s trademark, logo URL or product name without FUNFLY’s express written consent;

(11) Use our Services or FUNFLY Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms, including but not limited to (a) operating in a cyber cafe, gaming center, or any other physical location; (b) collecting Virtual Items or other in-game resources for sale outside the Services; or (c) offering in-game services for payment outside the Services, such as power leveling;

(12) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use our Services or FUNFLY Content to send altered, deceptive or false source-identifying information;

(13) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Services or FUNFLY Content;

(14) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Services, or upload to, store on, transmit through or make available through our Application or Services any computer code, files, scripts and programs, including any malware and/or software, that is intended or known to be harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorized disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, ransomware and any new type of threats (collectively “Harmful Code”);

(15) Collect or store any personally identifiable information from our Services, or from other users of our Services, without their express permission;

(16) Impersonate or misrepresent your affiliation with any person or entity;

(17) Violate any applicable law or regulation;

(18) Post User Content or take any action that infringes or violates the rights of another user: bully, harass or intimidate any user of the Services; solicit user login credentials from another user or collect User Content or otherwise access the Services by automated means including but not limited to, bots, robots, spiders;

(19) Create an account for anyone other than yourself;

(20) Use your user profile for personal commercial gain; use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users, or modify or interfere with the Services;

(21) Abuse, exploit, distribute or publicly inform other users of a bug, glitch, game error or mechanism on the Services which gives users an unintended advantage; or engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation;

(22) Posting spam or reposting removed content in the Forums. This includes but is not limited to posting the same content multiple times or reposting a thread or topic that has been removed from the Forums;

(23) Unsportsmanlike behavior;

(24) Account sharing, including but not limited to the sharing of username and password for others to login for you;

(25) Interfere with the ability of other users to enjoy using the Services, including but not limited to, disrupting FUNFLY’s game environment, or taking actions that interfere with or increase the cost to provide the Services for the enjoyment of other users;

(26) Engage in any act that conflicts with the spirit or intent of the Services, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;

(27) To the extent the Services functionality permits, post or communicate any person’s ‘real world’ personal information whilst using the Services or via any chat rooms or forums; or

(28) Encourage, assist or enable any other individual or group to do any of the foregoing.

FUNFLY will have the right to investigate and prosecute violations of any of the above, including Intellectual Property Rights infringement and Services security issues, to the fullest extent of the law. FUNFLY may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that FUNFLY has no obligation to monitor or record your access to or use of our Services or FUNFLY Content, or to monitor, record, or edit any User Content, but agree that we have the right to do so for the purpose of operating or improving our Services, to ensure your compliance with these Terms, or to comply with applicable laws and regulations or the order or requirement of a court, administrative agency or other governmental body.

You acknowledge and agree that you have no expectation of privacy concerning uploads, transmissions, or submissions of any User Content. FUNFLY reserves the right, at any time and without prior notice, to remove or disable access to any User Content that FUNFLY, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to our Services.

17. Gameplay Integrity and Fair Play

To maintain a safe, fair, and competitive gameplay environment for all users, FUNFLY strictly prohibits cheating, as well as any prohibited activities that grant an unfair advantage or otherwise undermines the integrity of the Services. Prohibited activities include, but are not limited to:

a) Using Cheats: Utilizing any unauthorized programs, methods, or tools (including software or hardware), such as bots, hacks, scripts, gameplay-altering mods, malware, or other third-party software designed to modify the Services or provide an unfair advantage.

b) Unauthorized Exploitation: Abusing or exploiting unintended game features, bugs, or design flaws for personal gain.

c) Improper Conduct: Engaging in activities such as account sharing, win-trading, or colluding with other players to manipulate game outcomes.

17.1 Anti-Cheat Technologies

To enforce these rules, FUNFLY may deploy or require you to install security and anti-cheat software or services (the “Anti-Cheat Solutions”). These Anti-Cheat Solutions may be included with the Application or require separate installation and updates.

The Anti-Cheat Solutions may monitor your gameplay and device’s RAM, running processes, and game-related files to detect and prevent cheating. These tools are designed solely for the purpose of identifying and preventing the use of unauthorized third-party programs and prohibited activities.

Information collected by the Anti-Cheat Solutions for this purpose may include data about your account, gameplay, device, and programs or processes identified as potential cheats. All data collection is subject to our Privacy Policy, which you are encouraged to review for detailed information.

Refusal to install, disabling, or interfering with the Anti-Cheat Solutions may result in the suspension or termination of your access to the Services.

17.2 Enforcement and Consequences

If FUNFLY reasonably determines that you have violated this section, we may take enforcement actions against your account. These actions may range from a warning to temporary suspension, feature restrictions, or permanent termination of your account and license, depending on the severity and frequency of the violation.

We will notify you of any suspension or termination and provide an opportunity to appeal the decision through our official support channels, unless doing so would compromise our detection methods or is otherwise prohibited by law. While we are not required to disclose the specific details of our detection methodologies, we will inform you of the grounds for our action.

17.3 In-Game Communications

You acknowledge and agree that FUNFLY may collect, record, process, and retain all communications transmitted through the Services, including text chat, voice chat, and any text generated by speech-to-text or text-to-speech conversion (collectively, "In-Game Communications"), when reasonably necessary to enforce these Terms, investigate violations, resolve disputes, protect its rights and property, or maintain the safety and integrity of the Services. The scope, retention, and processing of In-Game Communications are further described in our Privacy Policy.

18. Links and Third-Party Materials

Our Services may contain links to third-party websites or resources. You acknowledge and agree that FUNFLY is not responsible or liable for:

(1) the availability or accuracy of such websites or resources; or

(2) the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement by FUNFLY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. If you elect to use our Services on mobile carrier networks, such carrier’s normal billing rates will apply. In addition, certain content, products, and services available via our Services may include materials from third parties. You agree that FUNFLY is not responsible for examining or evaluating third-party content, or such content’s accuracy, and FUNFLY does not warrant and will not have any liability or responsibility for any materials, products, or services of third parties. You agree that you will not use any third-party mobile applications, or other third-party materials, in a manner that would infringe or violate the rights of any other party, and that FUNFLY is not in any way responsible for any such use by you.

19. Sweepstakes and Contests

To the extent allowed by applicable law, FUNFLY may offer sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules of each Promotion in which you participate through the Services, as they may contain additional important information about FUNFLY’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion.

20. Updates to the Site and Services; Maintenance

You acknowledge and agree that FUNFLY may update the Services with or without notifying you. FUNFLY may require that you accept updates to the Services and you may also need to update third party software from time to time in order to receive the Services.

FUNFLY conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Services will not be available during maintenance periods.

21. Termination of Accounts

Without limiting other remedies, FUNFLY may at any time suspend or terminate your account and refuse to provide access to our Services if FUNFLY is requested, ordered or directed to do so by a court, administrative agency or other governmental body, or if FUNFLY suspects or determines, in its own discretion, that you may have or there is a significant risk that you have:

(1) failed to comply with any provision of these Terms or any policies or rules established by FUNFLY;

(2) engaged in actions relating to or in the course of using our Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, FUNFLY users, FUNFLY or any other third parties or our Services; or

(3) infringed the proprietary rights, rights of privacy, or Intellectual Property Rights of any person, including as a repeat infringer.

In addition, FUNFLY may notify authorities or take any other actions it deems appropriate, without notice to you, in the event of any of the above.

You may terminate your account at any time and for any reason by contacting our customer service in the game, or via email listed in Contact Us below.

22. Effects of Termination, Suspension of Account

Upon termination of your account for any reason by you or us, you will lose all access to such account. Terminated accounts cannot be reinstated; any account that may be created by you after termination of an account is a unique account. If your account is terminated for any reason by you or us, you understand and agree that any Virtual Items to which you had access via your account at the time of termination will be lost and no longer be available to you, and you will have no right to them. If your account is terminated for any reason by you or us, you understand and agree that FUNFLY may redeem and use the Virtual Items in the account at the time of termination for any purpose that it may choose, and that on termination you will have no right to those Virtual Items.

In addition, if there is no activity in your account for 1 year (inactive account), you understand and agree that (i) FUNFLY may redeem and use the Virtual Items in the inactive account at such time for any purpose that it may choose, and that on the account becoming an inactive account you will have no right to those Virtual Items; and (ii) any Virtual Items to which you had access via the inactive account up to the account becoming an inactive account will be lost and no longer be available to you, and you will have no right to them. You agree that FUNFLY is not required to provide a refund for any reason except as required by law, and that you will not receive money or other compensation for unused Virtual Items in an inactive account or that was in a terminated account, no matter how either came about.

After any termination, you understand and acknowledge that we will have no further obligation to provide our Services and all licenses and other rights granted to you by these Terms will immediately cease. FUNFLY will not be liable to you or any third party for termination of our Services or termination of your use of our Services. Upon any termination or suspension of your account, any content, materials or information (including User Content) that you have submitted on our Services or that which is related to your account may no longer be accessed by you. Furthermore, FUNFLY will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to FUNFLY under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

23. Dispute Resolution and Arbitration Agreement

If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and FUNFLY agree that all Disputes, as defined below, between you and FUNFLY will be settled by binding arbitration in accordance with the terms of this Section 23 (“Arbitration Agreement”), unless otherwise provided herein.

This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this Arbitration Agreement, (2) if you opt out of this Arbitration Agreement as described in Section 23(e) below, or (3) to certain types of Disputes described in Section 23(f)(3) below. Please read this provision carefully.

1. Purpose and Disputes Covered

This Dispute Resolution and Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and FUNFLY.

Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).

You have the right to opt-out of this Arbitration Agreement as described in Section 23(e) below. If this is the first time you have agreed to any version of these Terms, and you opt out in accordance with Section 23(e) below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms that you agreed to will govern.

For the purpose of these Terms, including this Arbitration Agreement specifically, “Dispute” means any dispute, claim, or controversy between you and FUNFLY arising out of or relating in any way to your access to or use of the Services, any communications you receive from FUNFLY, Virtual Items, these Terms, or any aspect of your relationship with FUNFLY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. “Dispute” shall also include disputes that arose or involve facts occurring before the existence of this or any prior version of these Terms as well as claims that may arise after the termination of these Terms. “Dispute” is to be given the broadest possible meaning that will be enforced.

2. Agreement to Arbitrate / Waiver of Right to Jury Trial (where such right to jury trial is applicable)

YOU AND FUNFLY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND FUNFLY FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING.

You understand and agree that by entering into this agreement you and FUNFLY are each waiving the right to a jury trial (where applicable) or a trial before a judge in a public court. In the absence of this Arbitration Agreement, you and FUNFLY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

3. Class Action Waiver

YOU AND FUNFLY AGREE THAT, except as specified in Section 23(f)(7), YOU AND FUNFLY MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND FUNFLY EACH AGREE THAT YOU AND FUNFLY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.

Except as otherwise provided in this Arbitration Agreement, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and FUNFLY specifically agree to do so following initiation of the arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim(s).

Notwithstanding any other provision of these Terms or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.

If you choose to pursue your Dispute in court by opting out of this Arbitration Agreement, as specified in Section 23(e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.

4. Pre-Arbitration Claim Resolution

There may be instances when a Dispute arises between you and us. If that occurs, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by the Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you also agree to participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing.

Notice to FUNFLY that you intend to initiate an Informal Dispute Resolution Conference should be sent to:

For all United States users: legal@firstfun.com.

For all other users: support@lastwar.com

That Notice must include (1) your name, (2) your address, (3) your numerical User ID for each Application at issue; (4) the name, telephone number and e‐mail address of your counsel, if any; and (5) a description of your Dispute, including the Application or Services at issue.

The Notice must also specify a proposed date and time when you are available for an Informal Dispute Resolution Conference; however, you agree to cooperate in good faith with FUNFLY in scheduling a mutually agreeable date and time if your proposed date and time is not convenient for FUNFLY.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. As set forth in Section 23(f)(3), any disputes related to compliance with the Informal Dispute Resolution Conference requirement—including any challenge to the enforceability of the requirement—must be resolved in court, and the arbitral authority has no jurisdiction over any matter between the parties before such dispute is resolved. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section 23(d). Failure to appear for the Informal Dispute Resolution Conference without prior notice or extenuating circumstances will be deemed a failure to participate in good faith.

5. Exclusions from Arbitration/Right to Opt Out

For Users who are residents of the United States only: Notwithstanding the above, you or FUNFLY may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies for and is initiated and remains in small claims court; or (ii) YOU PROVIDE FUNFLY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”).

To opt-out of these arbitration procedures, you must provide written notification to: 2010 El Camino Real, PMB 3002, Santa Clara, CA 95050

Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each Application at issue; and (4) a clear statement that you do not wish to resolve disputes with FUNFLY through arbitration. Your decision to opt-out of this Arbitration Agreement will have no adverse effect on your relationship with FUNFLY. If you do not provide FUNFLY with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in (i) above.

Additionally, notwithstanding the above, you and FUNFLY reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.

If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

6. Arbitration Procedures applicable to users who are resident in the United States only

These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the informal dispute resolution process described above does not resolve the Dispute satisfactorily within sixty (60) days after receipt of the Notice, you and FUNFLY agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, www.jamsadr.com, 1-800-352-5267, an established alternative dispute resolution provider. You and FUNFLY agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that you and FUNFLY agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. See Section 23(f)(7). The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. If JAMS is not available to arbitrate, the parties will in good faith jointly decide on an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS rules.

If the Parties are not able to resolve the Dispute through the mandatory informal dispute resolution process referenced above, either party may initiate an arbitration proceeding by sending a demand to the other party that describes the nature and basis for the claim and includes all of the information required in the arbitration notice (“Arbitration Notice”). The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process. The Arbitration Notice must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, the account username (if applicable), and the numerical User ID at issue, as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the informal dispute resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Arbitration Notice shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Arbitration Notice. By signing the Arbitration Notice, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Arbitration Notice is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Subject to the applicable JAMS rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. You and FUNFLY agree that all materials, documents, testimony, and information exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree in writing to keep all materials and documents exchanged during the arbitration proceedings confidential. You and FUNFLY agree that any decision by the arbitrator shall be maintained as confidential and enforced by a court, as needed, subject to a mutually agreeable protective order. During the arbitration, the amount of any settlement offer made by you or FUNFLY must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. The parties may bring any dispositive motion(s) during the course of the proceedings.

1. Location of Arbitration

Unless the Mass Arbitration process discussed in Section 23(f)(7) is triggered, the seat of the arbitration shall be San Francisco, California. Unless contrary to law, both you and FUNFLY shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, FUNFLY will pay the cost of the arbitrator’s travel.

2. Arbitrator

Except as provided in the Mass Arbitration Procedures in Section 23(f)(7), the arbitral tribunal shall consist of a single arbitrator appointed in accordance with the prevailing JAMS International Arbitration Rules & Procedures, save that unless the parties agree otherwise, the arbitrator must be a retired State or Federal Judge with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and FUNFLY agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding, except as provided in Section 23(f)(7).

3. Authority of Arbitrator

All issues shall be for the arbitrator to decide, including without limitation the scope and enforceability of this Arbitration Agreement or any portion of it, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable, except for the following which shall be dealt with by a court of competent jurisdiction: (1) all Disputes arising out of or relating to Section 23(c), including any claim that all or part of Section 23(c) is unenforceable, illegal, void or voidable, or that Section 23(c) has been breached; (2) to enjoin any arbitration proceedings that do not comply with these Terms, including Section 23 specifically; (3) all Disputes regarding either party’s satisfaction of any condition precedent to arbitration, which for the avoidance of doubt encompasses any party’s assertion that it is not required to satisfy the condition precedent (for example, because it is allegedly unenforceable, or for any other reason).

The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 23(f)(7).

4. Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

5. Payment of Arbitration Fees and Costs

Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, you are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.

6. Attorneys’ Fees and Costs

The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Arbitration Notice was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in such action, including in securing the order compelling arbitration. The prevailing party in any court or arbitration action relating to whether either party has satisfied any condition precedent to arbitration, including the informal dispute resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

7. Additional Procedures for Mass Arbitration (Batch Arbitration)

To increase the efficiency of administration and resolution of arbitrations, you and FUNFLY agree that in the event that there are twenty-five (25) or more individual Arbitration Notices of a substantially similar nature filed against FUNFLY by or with the assistance of the same law firm, group of law firms, or organizations, JAMS shall proceed via the JAMS Mass Arbitration Procedures and Guidelines. You and FUNFLY agree that JAMS will (1) administer the arbitration demands in batches of 100 Arbitration Notices per batch (plus, to the extent there are less than 100 Arbitration Notices left over after the batching described above, a final batch consisting of the remaining Arbitration Notices), or in a single batch if there are fewer than 100 Arbitration Notices in total; (2) appoint one arbitrator for each batch; (3) administer the batches concurrently to the extent administratively feasible or in a staged process to be determined by a JAMS administrator to ensure that arbitration remains efficient and cost-effective for the parties; and (4) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). Any applicable limitations periods (including any statutes of limitations) are tolled from the date of filing with JAMS consistent with the above until your dispute is adjudicated, resolved, or withdrawn.

You and FUNFLY (and your and our counsel, if represented) agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for each batch, as well as any steps to minimize the burdens and costs of arbitration. You and we (and your and our counsel, if represented) agree to work together in good faith throughout the Batch Arbitration process to streamline procedures, modify the number of arbitrations to proceed per batch as appropriate, increase efficiencies, and seek to resolve disputes, including through participating in global mediation as appropriate.

All parties agree that Arbitration Notices are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.

Section 23(d) of these Terms, and its mandate to engage in good faith informal efforts to resolve disputes, also applies to Batch Arbitration. To the extent the parties disagree on whether or how the Batch Arbitration process should apply to their arbitrations, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to resolve that disagreement (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by us. You and FUNFLY agree to cooperate in good faith with JAMS to implement the Batch Arbitration Procedure. This Batch Arbitration provision shall in no way be interpreted as authorizing a class and/or collective arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

You and FUNFLY agree that the JAMS Optional Appeal Procedures shall apply should there be an award of greater than $100,000, which can be in a single arbitration or the cumulative amount of awards in any one Batch Arbitration above and can include the costs attributable to any injunctive relief.

7. Arbitration Procedures – Users Outside the United States

For Disputes between FUNFLY and users who are not residents of the United States that are not resolved through the informal dispute resolution process set forth above, both parties agree that such Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitration shall be conducted exclusively in Singapore. The seat of the arbitration shall be Singapore. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Singapore. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.

8. Severability

Except as provided in 23(c) and Section 23(f)(7), if any clause within this Arbitration Agreement is found to be invalid or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. For the avoidance of doubt, this means that, (i) if the Class Action Waiver clause in Section 23(c) is found to be invalid or unenforceable, this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court of competent jurisdiction, and (ii) if the Mass Arbitration provision in Section 23(f)(7) is found to be invalid or unenforceable to any extent, then you agree that the entire Arbitration Agreement shall be of no force and effect.

9. Continuation

This Arbitration Agreement shall survive these Terms, the termination of your account (if applicable), and/or your access to or use of the Services.

24. Governing Law and Venue

For Users who are residents of the United States only: To the extent these Terms allow you or FUNFLY to initiate litigation in a court, other than for small claims court actions, you and FUNFLY agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and FUNFLY each hereby waive any objection to jurisdiction and venue in such courts.

Except as provided in Section 23: Dispute Resolution and Arbitration Agreement (above), these Terms, your use of the Services, and all Disputes, claims, or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.

For Users who are not residents of the United States: These Terms and any action related thereto will be governed by the laws of Singapore without regard to its conflict of laws provisions.

25. Disclaimer of Warranties

To the maximum extent permitted by law, our Services, FUNFLY Content, and User Content are provided as is, without representation or warranty of any kind, whether, express, implied, statutory or otherwise. Without limiting the foregoing, to the maximum extent permitted by law, FUNFLY explicitly disclaims any representations and warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any representations and warranties arising out of course of dealing or usage of trade. FUNFLY makes no representation or warranty that our Services, FUNFLY Content or User Content will meet your requirements or be available on an uninterrupted, secure, Harmful Code-free or error-free basis. FUNFLY makes no warranty regarding the quality of any products, services or content purchased or obtained through our Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through our Services. No advice or information, whether oral or written, obtained from FUNFLY or through our Services, FUNFLY Content or User Content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that FUNFLY does not screen or inquire into the background of any users of the Services, nor does FUNFLY make any attempt to verify the statements of users of the Services. FUNFLY makes no representations or warranties as to the conduct of users of the Services or their compatibility with any current or future users of the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section may not apply to you but only to the extent prohibited by applicable law.

26. Savings

Nothing in these Terms limits any rights you may have under consumer protection laws that cannot be waived by contract. If any part of these Terms conflicts with such rights, your statutory rights prevail.

27. Indemnity

You agree to defend, indemnify, and hold FUNFLY, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach or alleged breach of any terms, conditions, obligations, representations or warranties contained under these Terms; (ii) any materials, User Content or other information provided by you or on your behalf; (iii) your violation of any applicable laws or third-parties’ rights and interests; and/or (iv) your other illegal or inappropriate behavior.

28. Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our Services, FUNFLY Content, and User Content therein remains with you. Neither FUNFLY nor any other party involved in creating, producing, or delivering our Services or FUNFLY Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss or corruption of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or in connection with these Terms or from the use of or inability to use our Services or content therein, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not FUNFLY has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that FUNFLY is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, FUNFLY will have no liability to you or to any third party for any User Content or third-party content uploaded onto or downloaded from or through our Services. To the extent permitted by law, in no event and under any theory of liability will our liability exceed the lesser of (a) the actual price paid by you (if any) for the license to use Virtual Items or any other part of the Services that are in dispute; or (b) the amount you paid to us during the twelve (12) months prior to the date which you notify us of the assertion of your claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between FUNFLY and you.

29. Trademarks & Other Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of FUNFLY or our licensors used in association with the Services are trademarks or registered trademarks of FUNFLY or our licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the respective owners of same.

Unless we grant you a license in signed writing, you shall not use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of our Services, or use of the Services not in accordance with these Terms, is expressly prohibited and may result in severe civil and/or criminal penalties.

30. Additional Mobile Application Terms

The following additional terms and conditions apply with respect to any Application that FUNFLY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

You acknowledge that these Terms are between you and FUNFLY only, and not with Apple, Inc. (“Apple”).

Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.

FUNFLY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.

You agree that FUNFLY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.

You agree that FUNFLY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.

The following additional terms and conditions apply with respect to any application that FUNFLY provides to you designed for use on an Android-powered mobile device (an “Android App”):

You acknowledge that these Terms are between you and FUNFLY only, and not with Google, Inc. (“Google”). Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.

FUNFLY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.

31. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between FUNFLY and you regarding our Services and FUNFLY Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FUNFLY and you regarding our Services and FUNFLY Content.

32. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without FUNFLY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. FUNFLY may freely assign these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

33. Notices

You consent to the use of: (i) electronic means to complete these Terms and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms or your use of our Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by FUNFLY via email (in each case to the address that you provide) or (ii) by posting on or through our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

34. Waiver and Severability

The failure of FUNFLY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FUNFLY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

35. Affiliate Publishers

You agree that (i) these Terms are intended to cover any publisher who is an affiliate of FUNFLY (“Affiliate Publisher”); (ii) your obligations to FUNFLY under these Terms extend to Affiliate Publishers as applicable unless otherwise agreed under any third-party terms with any such Affiliate Publisher; and (iii) Affiliate Publishers are third party beneficiaries under these Terms who may rely on and directly enforce these Terms against you as such.

36. Contact Us

If you have any questions about these Terms, please contact us via customer service or send an email to support@lastwar.com.