By using www.joygames.me ("JoyFun") services ("Services", "platform" or "Games") will mean that you agree to the Terms of Service("these Terms"). Please read them carefully before using our Services.
Using Our Services
Our Games are protected by copyrights and are owned by JoyFun or its publishing partners. When you download our Games or register an account on our platform, we are granting you a non-exclusive, limited license to use the software only in connection with our Services for non-commercial entertainment purposes.
When you register an account and play our Games, you agree to receive emails periodically from JoyFun. To stop receiving these emails, you can at anytime unsubscribe from JoyFun by clicking on the link provided in the emails.
We may change any nature of our Games or Services, hours of availability, content, data, software or equipment needed to access the Game or the Services, we also may remove and add games, or impose limits on certain features or restrict your access to parts or all of the Game at anytime without notice or liability.
Using our Services in any way other than within these Terms is prohibited and may subject you to litigation and criminal pursuits. The privileges granted to you under these Terms will terminate immediately and automatically without notice from JoyFun if, in our sole discretion, you fail to comply with any term or provision of these Terms. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under these Terms.
Your Account
You must register and create a valid account to use our Services. Please keep your password secret and do not reveal it to anyone. We will never ask for your password. You may hold several accounts; however you may not exploit this privilege.
You acknowledge and agree that you shall have no ownership or other property interests in any account stored or hosted in an JoyFun system, including without limitation any JoyFun account or our Games account, and you further agree that all rights in and to such accounts are and shall forever be owned by and inure to the benefit of JoyFun.
You may not use any name that
1. Belongs to another person with the intent to impersonate that person, including without limitation a "Game Master" or any other employee or agent of JoyFun.
2. Incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or otherwise objectionable.
3. Is comprised of gibberish (e.g., "Sdfasdf", "Jjxcmi", "Hvldrm").
4. JoyFun determines may cause deception or confusion.
Ownership/Selling Virtual Accounts/Items
JoyFun does not recognize the transfer of our Games accounts or JoyFun accounts. You may not purchase, sell, gift or trade any account, or offer to purchase, sell, gift or trade any account, and any such attempt shall be null and void. JoyFun owns, has licensed, or otherwise has rights to all of the content that contained in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any account.
JoyFun does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the "real world" of anything that contained or originates in the Game. Accordingly, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of the Game.
Your Password
At the time your account is opened, you must set a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorization of the disclosure of your password or from any person's use of your password to gain access to your account or account name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Services. Should it be determined that you did reveal your password to any third parties, JoyFun reserves the right to disable the account.
Your Content/Conduct in Our Services
JoyFun is a service provider and is not responsible or liable for your content or conduct. JoyFun' platforms enable users to interact online and display and communicate information and content chosen by those users, and that users likewise can alter the service environment on a real-time basis. JoyFun does not control or endorse the content of communications between users or users' interactions with each other in our Services.
You acknowledge that JoyFun does not guarantee and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such user conduct or content, nor any identity information about such user.
By using our Services, you grant JoyFun a perpetual, worldwide, none-exclusive right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content.
Chat and Interaction With Other Users
Communicating in-game with other users and JoyFun representatives by text or any other method, is an integral part of the Game and the Services and is referred to as "Chat." When engaging in Chat, you may not:
1) Transmit or post any content or language which, in the sole and absolute discretion of JoyFun, is deemed to be libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above.
2) Send repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a chat area, including without limitation continuous advertisements to sell goods or service.
3) Use the chat facility to harass, threaten, scam or deceive other users, or solicit other users to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise).
4) Impersonate any real person, including without limitation any "game master" or any other JoyFun agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or is otherwise posted by any JoyFun agent or employee.
5) Post website links or URLs in the Game that point to content deemed by JoyFun to be inappropriate, including, without limitation, any website links or URLs directed to other commercial products or service, nor may you post website links or URLs to any materials (including software and other information) that could harm (or is designed to harm) other players' computers or would allow others to inappropriately access software or websites.
Cheats/Hacking
You are not permitted under any circumstances or for any reason to cheat or utilize third-party applications or code in order to win at, or gain game points or items from any of our Games. Punishment of violators will be determined on a case-by-case basis. JoyFun shall be entitled to file a claim for monetary compensation from anyone deemed to have violated these rules in any way.
You agree not to design, disseminate or use any third party programs designed to change any Game played on JoyFun site, nor assist in the design of a third party program that changes any Game played on the site. You will be responsible for any damages to JoyFun resulting from any of your use, dissemination or design of such programs, and you agree to pay JoyFun liquidated damages in the sum of Hundred Thousand Dollars for each such program, or in the sum of One Thousand Dollars for each time you use a program.
You may not:
1) Reverse-engineer, decompile or modify any of the game clients and use it in any way.
2) Exploit any cheats or errors which you find in our service. Any cheats or errors you discover
3) Attempt to access any other user's account.
4) Misuse any of our customer service facilities.
5) Deliberately enter false information into any of the forms on our website.
6) Encourage, or attempt to trick other players into breaking our rules.
Denial of Access
JoyFun, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of our Services or Games. JoyFun may suspend, terminate, modify, or delete any JoyFun account or Our Games account at any time for any reason with or without any notice to you.
You agree to cease and desist immediately from any attempt to access the site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access our Services.
Interruption of Our Services
Our Games are subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable. JoyFun may on occasion need to interrupt the Services with or without prior notice. You agree that JoyFun will not be liable for any interruption of the Services (whether intentional or not), and you understand that you will not be entitled to any refunds of fees or other compensation for interruption of our Services.
Advertising in Our Services
If you download and play our Games you will receive advertising messages that appear within and around the game environments. If you do not wish to receive advertising messages, do not use our Services.
The advertising in our Games or on our website generated by third parties does not constitute an endorsement by JoyFun or its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites or advertisers. JoyFun explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained on such sites. Further, JoyFun is not responsible for the quality or delivery of the products or service offered, accessed, obtained by or advertised on such sites. As such, neither JoyFun nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained on such sites.
Price and Payment
JoyFun reserves the right at any time to change the pricing for the access to our Services.
JoyFun offers several different payment types on its service:
1) Paypal: The owner of the Paypal account if under 18 must have the permission from its legal parents to use this account for payments on our website.
2) Paymentwall: The owner of the Paymentwall account if under 18 must have the permission from its legal parents to use this account for payments on our website.
Your right to use our Service is subject to any limits established by JoyFun or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to JoyFun for any reason, including chargeback, JoyFun reserves the right to either suspend or terminate your access and account, thereby terminating this Terms and all obligations of JoyFun hereunder.
Indemnification
You agree to indemnify, defend and hold harmless JoyFun, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you. JoyFun reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with JoyFun in asserting any available defenses.
Disclaimer
JoyFun SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WHEN PERMITTED BY LAW, JoyFun DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JoyFun DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JoyFun DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT JoyFun) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Liability for Our Services
WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE SHALL JoyFun BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE OUR SERVICES OR ANY OTHER WEB SITE, EVEN IF JoyFun HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL JoyFun'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
Miscellaneous
JoyFun may modify these Terms effective with or without prior notice; provided however, that such changes to these Terms will not be applied retroactively. You should look at these Terms regularly. If you do not agree to the modified terms, you should discontinue your use of our Games. Your continued use of our Games following any revision to these Terms constitutes your complete and irrevocable acceptance of any and all such changes.
These Terms control the relationship between JoyFun and you, and cannot be changed or terminated orally. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have, we may take action in the future.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
JoyFun operates and controls the Site from its offices in Hong Kong. JoyFun makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and all matters or disputes arising out of or relating to these Terms or the Services will be governed by, construed and enforced in accordance with the Laws of Hong Kong, China (without regard to any principles of conflicts of laws). All claims arising out of or relating to these Terms or the Services or the site shall be litigated exclusively in the courts located in Hong Kong, China, and you hereby expressly consent to personal jurisdiction in those courts.
