Last updated: April 22th, 2022
Welcome to the game applications operated by FingerFun Limited ("Game Apps”)!
1.1 How do we collect and use your Personal Data
1.3 How do we process children’s Personal Data
1.4 How do we share your Personal Data and entrust the processing of your Personal Data
1.5 How do we protect your Personal Data
1.6 How do we store your Personal Data
1.7 Lawful basis for processing Personal Data (applicable to players located in the EU/EEA)
1.8 Your data subject rights
1.10 How to contact us
The Personal Data we collect depends on how you use our Game Apps and what services you use. The details of our collection of your Personal Data for different purposes are summarized in the below.
Registration and login. When you register with our Game Apps and log in through a third party platform (e.g., Facebook, Google, Twitter, VK, Apple, GameCenter), we will collect your player ID, OpenID, username, profile photo and other data from the third party platform through its Application Program Interface (API). Alternatively, if you choose to register with our Game Apps via your personal email or mobile phone number, we will collect this data to help you complete your registration and login to the game.
Top-up and payment. We will collect your top-up amount, payment time, payment method and order number through the APIs provided by the relevant third parties (e.g., Google Play Store and Apple App Store) to help you complete the top-up process for your player ID.
Maintaining game operation and account security. In order to maintain the normal game operation and account security and to check your game equipment and gaming records in your account, we will collect your operation data related to the game playing, including your profile photo, login status, game battle status, achievement data, game character data, device data (including MAC/IMEI/Android ID/IDFA/IP address), etc. In addition, to provide you with a better gaming experience, we will also collect game-related data generated during your play of our games, including data about the players' virtual property such as virtual currency, virtual transactions, redemption codes, as well as your voice data when you send voice messages through our Game Apps.
Customer services. We provide customer service to you based on the support of third-party built-in service systems such as Helpshift and we may collect your player ID, character data, and other information necessary to provide customer service.
Customer survey. To know your opinions about Game Apps and to improve our products and services, we will use third-party built-in questionnaire systems such as SurveyMonkey to collect your player ID and responses to our survey questions.
Certain technical modules of the functions of Game Apps and the safe and stable operation of Game Apps are supported by third-party Software Development Kits (SDKs). The processing of your Personal Data by these SDK providers will be governed by the privacy policies of the relevant SDK providers.
Please note that we may collect and process Personal Data of children under the age of 13. Children can play our games with parental or guardian consent. We also give parents or guardians controls and choices over the processing of their children’s information in Game Apps where we think necessary.
For the Personal Data of children we collect upon the consent of parents or guardians, we will only use or disclose such data to the extent where permitted by laws, explicitly authorized by parents or guardians, or necessary for the protection of children.
In order to provide gaming services, we may engage third parties (such as those who support the functions of online payment, login by third-party accounts, customer service and survey, personalized ads, cloud service, etc.) to process your Personal Data. We will enter into confidentiality terms with such third parties and require them to adopt sufficient security measures as required by the applicable laws and regulations when processing your Personal Data. We do not sell your personal data and only share non-personally identifiable, aggregated, and public data with third parties.
We may share your Personal Data with third parties in the following circumstances:
• To the relevant competent law enforcement body, regulatory, government agency, court or other third party where we believe that such disclosure is to (i) comply with an applicable law or regulation; (ii) exercise, establish or defend our legal rights, or (iii) protect your vital interests or those of any other person.
• A notice regarding the usage and order of deduction for multiple types of in-game currency will be posted on the game's support page and/or within the in-game currency top-up detail page.
• We reserve the right to adjust prices, billing methods, and terms that apply to in-game currency, items, or any other purchases. These changes may be stated in this User Agreement, in separate agreements, or published on the Official Website.
In the event of any accident, force majeure event or other circumstances leading to the breach of your Personal Data, we will make every effort to control the situation and promptly inform you of the cause, the security measures we have taken and you can take, and other relevant information when required by the applicable laws and regulations. In the event of a security incident related to your Personal Data, we will report such incident to the competent authorities in accordance with the requirements of the applicable laws and regulations, promptly investigate the problem, and take the corresponding remedial measures.
We may store the Personal Data that we collect from you within the jurisdiction where you locate in accordance with the applicable laws and regulations.
We will store your Personal Data to the extent as necessary to the proper business needs of our company (e.g., for the purposes of providing gaming services to you or complying with the requirements of laws, tax and finance), except as provided otherwise by the applicable laws or regulations. When there is no such business need to use your Personal Data or the time limit for the retention expires according to the applicable laws or regulations, we will delete or anonymize your Personal Data, or if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion or anonymization is possible.
Lawful basis (as applicable)
Collect your Personal Data to complete the registration and login process.
Collect your Personal Data to maintain the normal operation of Game Apps and account security.
Collect your Personal Data to provide customer service and survey and to answer your inquiries.
Collect your Personal Data to provide personalized services and marketing communications.
“The necessity of entering into and/or performing a contract” or “the legitimate interests” to provide the products and/or services as the lawful basis for processing Personal Data.
Collect your Personal Data to complete top-up and payment process.
“Performing a contract” as the lawful basis for processing Personal Data.
Collect Personal Data of children to provide access to the use of Game Apps.
“Parental or guardian consent” as the lawful basis for processing Personal Data of children.
Collect your Personal Data to comply with regulatory, compliance, or legal obligations and/or requirements, or to assist law enforcement and government authorities as permitted or required by applicable laws and regulations.
“The necessity for the performance of legal obligations” as the lawful basis for processing Personal Data.
We will respond to your requests of exercising your data subject rights in accordance with the requirements of the applicable laws and regulations within the required time limit. To the extent as permitted by the applicable laws and regulations, we may not respond to your requests of exercising your data subject rights under certain circumstances. For instance, if your request is contrary to our performance of legal obligations under the applicable laws and regulations, or may infringe our trade secrets, we may refuse to respond to your request. Besides, if we have sufficient evidence of your subjective malice or abuse of your data subject rights, or response to your request would infringe other individuals' significant legitimate rights and interests, we may also decline your request. Under such circumstances, we will simultaneously provide you with our reason of refusal in the response.
If we terminate our services or operations, we will notify you at least thirty (30) days in advance and will delete or anonymize your Personal Data after termination of services or operations.
Online Customer Service:
Suite 603, 6/F, Laws Commercial Plaza, 788 Cheung Sha Wan Road, Kowloon, Hong Kong
FINGERFUN reserves the right, in its sole discretion, to modify or change FINGERFUN Terms at any time by posting the changes on or within the Game or other parts of the FINGERFUN Services. Your continued use of FINGERFUN Services following the posting of such changes constitutes your acceptance of the revised FINGERFUN Terms. FINGERFUN may use reasonable commercial efforts to provide notice of material changes to you. If the modified FINGERFUN Terms are not acceptable to you, your only recourse is to discontinue your use of FINGERFUN Services. You agree that FINGERFUN may change any part of FINGERFUN Services, including its content, at any time or discontinue the FINGERFUN Services or any part thereof, for any reason, without notice to you and without liability.
You can review the most current version of this EULA by clicking on the “EULA” link located on the Game or on https://coc.fingerfun.com/t2/395/6218.html. You are responsible for checking this EULA periodically for changes.
• While participating in the Game, you also agree to comply with certain rules of conduct that govern your use of the Game (“Rules of Conduct”), for example you may not:
• eHarass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
• Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
• Impersonate another person (including celebrities), indicate falsely that you are an FINGERFUN employee or a representative of FINGERFUN, or attempt to mislead users by indicating that you represent FINGERFUN or any of FINGERFUN ’s partners or affiliates.
• Attempt to get a password, access information, or other private information from anyone else on FINGERFUN Services.
• Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit versions of the Game and software.
• Upload files that contain a virus or corrupted data.
• Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
• Improperly use web support or complaint buttons or make false reports to FINGERFUN staff.
• Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
• Modify any part of the FINGERFUN Services that FINGERFUN does not specifically authorize you to modify.
• Post or communicate any user’s real-world personal information using an FINGERFUN Service.
• Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an FINGERFUN Service.
• Attempt to use FINGERFUN Software on or through any service that is not controlled or authorized by FINGERFUN.
• Exploit the Game or any of its parts thereof or FINGERFUN Services, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site; (b) for gathering in-game virtual, items or resources for sale outside the Game; or (c)performing in-game services in exchange for payment outside the Game, e.g., power-leveling.
• Interfere with the ability of others to enjoy playing an FINGERFUN Service or take actions that interfere with or materially increase the cost to provide an FINGERFUN Service for the enjoyment of all its users.
• Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage.
• Reverse engineer, decompile or disassemble all or any portion of the Game.
• Facilitate, create or maintain any unauthorized connection to the Game, including without limitation and (b) any connection using programs or tools not expressly approved by FINGERFUN;
• Sell, exchange, trade, give, convert, redeem or otherwise transfer Virtual Goods outside the Game, or sell, exchange trade, give, convert, redeem or otherwise transfer Virtual Goods inside the Game, except as expressly permitted by this EULA, the FINGERFUN Terms or otherwise permitted in the gameplay.
• This above-referenced list of prohibitions only provides examples of unacceptable conduct and is not intended to be a complete or exclusive list of prohibited conduct. Your online conduct should be guided by common sense and respect for others who access and use the Game (whether or not such third parties are registered users of the Game) and for the employees and representatives of FINGERFUN. You must also obey all federal, provincial, state, and local laws, regulations and rules that apply to your activities when you use the Game. FINGERFUN reserves the right to terminate this EULA and to prevent your use of any and all FINGERFUN Services if your Access is used to engage in illegal activity, violates these rules of conduct, or otherwise any FINGERFUN Terms.
If you decide to use the FINGERFUN Services, subject to your agreement and compliance with FINGERFUN Terms, FINGERFUN hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Game for one registered account on one mobile device owned or leased solely by you. FINGERFUN also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of FINGERFUN Services that are not part of the Game.
Use of FINGERFUN Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If FINGERFUN Services or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Game or any other part of FINGERFUN Services, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Game; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Game to any third party or use the Game to provide time sharing or similar services for any third party; (iii) make any copies of the Game; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Game, features that prevent or restrict use or copying of any content accessible through the Game, or features that enforce limitations on use of the Game; or (v) delete the copyright and other proprietary rights notices on the Game.
The foregoing grant of license shall be automatically revoked as of the moment that any of the foregoing conditions are no longer met by you.
The Game may require or allow you to download software, software updates or patches, or other utilities and tools from FINGERFUN or its licensors (collectively, “FINGERFUN Software”). In such cases, FINGERFUN grants to you a non-exclusive, limited license to use FINGERFUN Software solely for the purpose stated by FINGERFUN at the time the FINGERFUN Software is made available to you. If an End User License Agreement is provided with the FINGERFUN Software, your use of the FINGERFUN Software is subject to the terms of that license agreement in addition to these FINGERFUN Terms. You may not sub-license, or charge others to use or access FINGERFUN Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from FINGERFUN Software. You may not modify FINGERFUN Software or use it in any way not expressly authorized in writing by FINGERFUN. You understand that FINGERFUN ’s introduction of various technologies may not be consistent across all platforms and that the performance of FINGERFUN Software and related FINGERFUN Services may vary depending on your Device and other equipment.
From time to time, FINGERFUN may provide you with updates or modifications to the Game. You understand that certain updates and modifications may be required in order to continue the use of the Game. You agree that FINGERFUN may stop to support previous versions of the Game upon availability of an updated version.
FINGERFUN Services and all title, ownership rights and intellectual property rights in and to the Game (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Game, individually or in combination) are owned by FINGERFUN or FINGERFUN ’s licensors and are protected by laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Game or a FINGERFUN Service unless our terms expressly authorize you to do so.You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Game. FINGERFUN reserves all rights in FINGERFUN owned and licensed Game and FINGERFUN Services that are not expressly granted to you in this EULA or FINGERFUN Terms. You acknowledge that FINGERFUN and/or third-party content providers remain the owners of all materials posted in the Game, and that you do not acquire any of those ownership rights by downloading copyrighted materials.
Making unauthorized copies of the Game may result in the termination of this EULA, prohibition on use of FINGERFUN Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property.
The Game may, from time to time, feature virtual goods. Virtual goods include but are not limited to virtual items (characters, accessories, items such as “character customization”, power-ups), points, credits, tokens and currency (collectively, “Virtual Goods”) for use in the Game.
You may “earn” Virtual Goods within the Game or we may allow you to “purchase” Virtual Goods with “real money” or virtual currencies. Certain Virtual Goods in the Game may be unavailable if not purchased.
Virtual Goods (such as virtual currency) purchased on other platforms such as Steam, PlayStation, or Xbox will be subject to those platforms’ terms and conditions. Please review those platforms’ terms and conditions for further information before completing your purchase. FINGERFUN does not control how you can pay or how refunds may be issued on those platforms. When you make a payment through a third-party platform, you are agreeing to the third party’s payment terms, and FINGERFUN is not a party to the transaction.
Virtual Goods are licensed to you, not sold. You do not own the Virtual Goods, and you acknowledge and agree that all Virtual Goods represent a limited, personal, nonexclusive, non-transferable, non-assignable and fully revocable license to use the Virtual Goods, for your individual, non-commercial, entertainment purposes only. You have no right, title, interest, or ownership in or to any Virtual Goods. We may terminate your license at any time and at our sole discretion.
FINGERFUN has the absolute right to regulate, discontinue, update, modify or eliminate any Virtual Goods at any time in its sole discretion an FINGERFUN shall have no liability to you or anyone else for these actions.
Virtual Goods have no monetary value, and in no event may you sell, transfer, trade, exchange, give, convert or redeem Virtual Goods for “real” money or other goods or services, including other Virtual Goods, inside or outside the Game except as expressly permitted by this EULA, the FINGERFUN Terms or otherwise permitted in the gameplay.
All purchase of Virtual Goods, whether made with “real money” or virtual currencies, are non-refundable and non-returnable and are not redeemable for any sum of money or monetary value or virtual currency from FINGERFUN at any time.
FINGERFUN reserves the right to modify the price for Virtual Goods that may be “purchased” at any time and the retail price for Virtual Goods does not need to be linear.
Note that depending on the country in which you are located, the validity period of purchased Virtual Goods may be limited to a certain period under applicable laws of certain jurisdiction.
THE GAME MAY BE PROTECTED BY DIGITAL RIGHTS MANAGEMENT SOFTWARE (“DRM SOFTWARE”). IN SUCH CASE, YOU HEREBY AGREE, ACKNOWLEDGE AND CONSENT TO THE FOLLOWING REGARDING THE DRM SOFTWARE: (I) THE INSTALLATION OF THE GAME WILL CAUSE THE DRM SOFTWARE TO BE INSTALLED ON YOUR DEVICE; (II) THE DRM SOFTWARE MAY LIMIT THE NUMBER OF INSTALLATIONS OF THE GAME; (III) THE DRM SOFTWARE MAY INSTALL ON YOUR DEVICE ADDITIONAL COMPONENTS REQUIRED FOR COPY PROTECTION; AND (IV) DURING THE INSTALLATION AND/OR THE FIRST LAUNCH OF THE GAME, AN ONLINE CONNECTION MAY BE REQUIRED TO UNLOCK THE GAME THROUGH THE DRM SOFTWARE. IN NO EVENT SHALL FINGERFUN BE LIABLE IN CONNECTION WITH THE COMPONENTS THAT MAY BE INSTALLED ON YOUR DEVICE BY ANY DRM SOFTWARE. FOR FURTHER INFORMATION, PLEASE VISIT THE WEBSITE OF THE DRM SOFTWARE APPEARING DURING THE INSTALLATION OF THE GAME. RESTRICTIONS OF AGE MAY BE IMPOSED TO ACCESS ONLINE SERVICES AND FEATURES IN COMPLIANCE WITH LOCAL LAWS.
This EULA is effective from the earlier of the date you purchase, download or use the Game, until terminated according to its terms. Both you and FINGERFUN (or its licensors) may terminate this EULA at any time for any reason or for no reason. Termination by FINGERFUN will be effective upon notice to you, termination or deletion of your Account (if any), or FINGERFUN ’s decision to permanently discontinue offering and/or supporting the Game, which it may do at any time in its sole discretion. You may terminate this EULA (and consequently, your Account (if any)) at any time by notifying FINGERFUN at email@example.com. Upon termination of this Agreement, your right to use the Game shall immediately cease you must immediately uninstall the Game and destroy all copies of the Game in your possession.
You will not receive any compensation or reimbursement for any Virtual Goods upon termination of this EULA for any reason, whether such termination was voluntary or involuntary, except as required by law or as expressly provided in FINGERFUN Terms.
FINGERFUN reserves the right to collect fees, surcharges or costs incurred before you terminate this EULA.
This Section shall survive termination of this EULA.
A. Limitations on Warranty & Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE GAME OR ANY OTHER FINGERFUN SERVICE, FINGERFUN SOFTWARE, CONTENT, AND THE INTERNET IS AT YOUR SOLE RISK. THE GAME, FINGERFUN SERVICES, FINGERFUN SOFTWARE, CONTENT, FINGERFUN ’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES MAY NOT BE EXCLUDED BY LAW. FINGERFUN PROVIDES THE GAME AND FINGERFUN SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL BE ABLE TO ACCESS OR USE FINGERFUN SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FINGERFUN WILL HAVE ADEQUATE CAPACITY FOR FINGERFUN SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA OR THAT THE FINGERFUN SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE FINGERFUN SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATION FEATURES OF THE WEBSITE, IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FINGERFUN OR ITS LICENSORS IS TO STOP USING THE GAME AND ANY FINGERFUN SERVICES. YOU ACKNOWLEDGE AND AGREE THAT FINGERFUN, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON ANY FINGERFUN SERVICES OR USE OF FINGERFUN SOFTWARE. IN NO CASE SHALL FINGERFUN OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “FINGERFUN’S AFFILIATES “) LIABILITY TO YOU EXCEED five hundred dollars (＄500). IN NO CASE SHALL FINGERFUN OR FINGERFUN’S AFFILIATES BE LIABLE FOR DIRECT, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUES, ARISING FROM YOUR USE OF FINGERFUN SERVICES, FINGERFUN SOFTWARE, CONTENT, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF FINGERFUN SERVICES OR ACCOUNTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, FINGERFUN’S AND FINGERFUN’S AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Upon FINGERFUN’s request, you agree to defend, indemnify and hold harmless FINGERFUN and its affiliates, licensors, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this EULA, or any other FINGERFUN Terms, for which you are responsible. Without limiting the generality of the foregoing, you agree to indemnify and hold FINGERFUN harmless for any improper or illegal use of the Game.
You are solely responsible for any damage caused to FINGERFUN, its licensors, providers and contractors, other users of the Game or any other individual or legal entity as a result of your violation of this EULA.
FINGERFUN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to FINGERFUN in that matter.
C. Updates: Possible Setbacks and Loss of Data
IMPORTANT: FINGERFUN MAY FIND IT NECESSARY TO MAKE UPDATES, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE GAME AND FINGERFUN SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE GAME AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL, AND YOU MAY LOSE ACCESS TO ANY VIRTUAL GOODS YOU MAY HAVE “EARNED” OR “PURCHASED”. FINGERFUN RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
D. Third-Party Features
As applicable, certain parts of the Game may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. As such, please review such additional terms and costs carefully.
A. Equitable Remedies
You hereby acknowledge and agree that FINGERFUN would suffer irreparable harm if this EULA or any of the FINGERFUN Terms were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that FINGERFUN shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this EULA or any other FINGERFUN Terms.
B. Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to this EULA or any other FINGERFUN Terms (“Dispute”), you and FINGERFUN agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration proceeding. Such informal negotiations commence upon written notice from one person to the other. FINGERFUN will send its notice to your billing address (if provided) and email you a copy to the email address you have provided to us. You agree to send your notice to FINGERFUN via email to firstname.lastname@example.org or in writing and addressed to: FINGERFUN LIMITED at Suite 603,6/F, Laws Commercial Plaza, 788 Cheung Sha Wan Road, Kowloon, Hong Kong.
C. Formal Dispute Resolution
If you and FINGERFUN are unable to resolve a Dispute through informal negotiations, either you or FINGERFUN may elect to have the Dispute finally and exclusively resolved by the arbitration centre of Hong Kong.
If any part of this EULA or the FINGERFUN Terms is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of FINGERFUN, and the remaining portions shall remain in full force and effect.
FINGERFUN may assign this EULA, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this EULA without FINGERFUN ’s prior written consent, and any unauthorized assignment by you shall be null and void.
The failure of FINGERFUN (or its licensors) to exercise or enforce any right or provision of this EULA or any FINGERFUN Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by FINGERFUN (or its licensors) of any provision, condition or requirement of this EULA or any FINGERFUN Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
E. Force Majeure.
FINGERFUN shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FINGERFUN, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond FINGERFUN ’s control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
F. Governing Law.
The laws of Hong Kong, excluding its conflicts-of-law rules, govern this EULA and any other FINGERFUN Terms; and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with FINGERFUN or relating in any way to this EULA, any other FINGERFUN Terms, or your use of any FINGERFUN Services resides in the Hong Kong International Arbitration Centre (HKIAC), and you further agree and expressly consent to the exercise of jurisdiction in HKIAC in connection with any such dispute including any claim involving FINGERFUN or its affiliates, employees, contractors, officers, directors, vendors and content providers. The arbitration will be conducted in Hong Kong in accordance with the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The arbitral award is final and binding upon both parties. The arbitration shall be held in English language.
Those who choose to access the Game or any other FINGERFUN Service from all locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Should a court of competent jurisdiction determine that other laws apply, this EULA shall be enforced to the fullest extent permitted by the laws of the applicable jurisdiction and be interpreted to give maximum effect to the terms and conditions hereof.
G. Entire Agreement.
For any questions concerning this EULA, you may contact FINGERFUN at the following address: email@example.com.
H. Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Game that FINGERFUN provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that FINGERFUN Terms are between you and FINGERFUN 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.
FINGERFUN, 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 FINGERFUN, 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 FINGERFUN Terms and any law applicable to us as provider of the iOS App.
You agree that FINGERFUN, and not Apple, shall be responsible, to the extent required by FINGERFUN 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 FINGERFUN Terms as they relate to your license to use the iOS App. Upon your acceptance of FINGERFUN Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce FINGERFUN 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 Game that FINGERFUN provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that FINGERFUN Terms are between you and FINGERFUN 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.
FINGERFUN, 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 FINGERFUN Terms.
Date of Last Revision: April 22th, 2022