Terms of Use
Effective Date: 2026/1/15
PLEASE READ THESE TERMS OF USE
CAREFULLY!
Welcome!
These Terms of Use (“TOU”) describe the terms and conditions applicable to your
access and use of the websites, mobile sites, mobile applications, and other portals
owned, operated, branded, or made available by FunPanda Games and/or its
affiliates (collectively "Company", "we", "our",
and "us") from time to time (collectively, the "Services").
This document is a legally binding agreement between you as the user(s) of the
Services (referred to as "you", "your", or "User"
hereinafter) and the Company.
1. Application and Acceptance of
the TOU
By using the Services, you
represent and warrant that:
a.
Your use of the Services does not violate any applicable law or regulation;
b.
You are 13 years of age or older; and
c.
You are of sufficient legal age or otherwise have the legal capacity to enter
into these TOU.
If
you do not agree to these TOU, you must not use our Services. Our Privacy
Policy is incorporated into and governed by these TOU. By agreeing to these
TOU, you agree to be bound by the terms of our Privacy Policy and acknowledge
that we may use information collected from you in accordance with its terms.
2. Provision of Services
a.
The Company grants each User a non-exclusive, limited, non-transferable, and
revocable license to use the object code version of the application
("App") for personal, non-commercial purposes. You may make one copy
of the App for archival or backup purposes, provided you include all copyright
and other proprietary notices. You are prohibited from reverse engineering,
decompiling, disassembling, or otherwise attempting to derive the source code
of the App, except to the extent expressly permitted by applicable law.
b.
You may not transfer or assign the App, these TOU, or any rights or obligations
hereunder without the prior written consent of the Company.
c.
Your rights under these TOU will terminate automatically if you materially
breach any provision herein.
d.
Upon termination, you must immediately cease all use of the App and delete all
copies from your devices.
e.
All rights not expressly granted herein are reserved by the Company.
3. Third-Party Services
The
Services may contain links to third-party websites or services. We are not
responsible for and do not endorse, support, or guarantee the lawfulness,
accuracy, or reliability of any content, products, or services provided by
third parties. We bear no responsibility for your use of or relationship with
any such third-party services. Your use of any third-party services is subject
to their respective terms and conditions.
4. Our Intellectual Property Rights
All
intellectual property rights in and to our Services, software (including any
updates or upgrades), and related content are and shall remain the exclusive
property of the Company and its licensors. Except as expressly granted in these
TOU, you acquire no right, title, or interest in any such intellectual
property.
5. Indemnity
You
agree to indemnify, defend, and hold harmless FunPanda Games, its parents,
subsidiaries, affiliates, and their respective officers, directors, employees,
agents, and advisors from and against any and all claims, liabilities, damages,
losses, costs, and expenses (including reasonable attorneys' fees) arising out
of or related to your breach of these TOU or your use of the Services.
6. In-Game Currency and Virtual
Goods
a.
The Services may allow you to acquire virtual, in-game currency ("Virtual
Currency") and digital items ("Virtual Goods"). You acknowledge
that such Virtual Currency and Virtual Goods are licensed, not sold, to you.
They have no monetary value, cannot be redeemed for real money, and are for
personal, non-commercial use within the Services only.
b.
The Company grants you a limited, personal, non-exclusive, non-transferable,
and revocable license to use purchased Virtual Currency and Virtual Goods
solely within the applicable Service.
c.
If you are a minor in your jurisdiction, you may only make payments with the
involvement of your parent or legal guardian, who must read and agree to these
TOU.
d.
All purchases of Virtual Currency or Virtual Goods are final and
non-refundable, except as otherwise required by applicable law. You consent to
the immediate provision of digital items upon purchase.
e.
You authorize the Company to charge your chosen payment method for all
transactions. Refund requests will be handled in accordance with applicable law
and Company policy. For refund inquiries, please contact us at
noblecatking@gmail.com.
f.
The Company reserves the right to manage, modify, or discontinue Virtual
Currency and Virtual Goods at its sole discretion.
g.
The Company may implement different pricing for its Services across regions and
platforms.
h.
Some transactions may be processed through third-party stores (e.g., app
stores), and may be subject to additional terms set by those stores.
i.
You acknowledge that the Services provide access to licensed digital features
and do not involve the sale of physical goods.
7. Disclaimer of Warranties
THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO
NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR
MEET YOUR REQUIREMENTS. WE MAY MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF THE
SERVICES AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY,
ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICES.
OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO
THESE TOU OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO THE
COMPANY IN THE PAST SIX MONTHS, OR FIFTY US DOLLARS (USD $50), WHICHEVER IS
GREATER.
9. Governing Law and Dispute
Resolution
These
TOU shall be governed by and construed in accordance with the laws of the Hong
Kong Special Administrative Region, without regard to its conflict of law
principles.
Any
dispute, controversy, or claim arising out of or relating to these TOU,
including their formation, validity, breach, or termination, shall be referred
to and finally resolved by arbitration administered by the Hong Kong
International Arbitration Centre (HKIAC) under the HKIAC Administered
Arbitration Rules in force at the time the notice of arbitration is submitted.
The seat of arbitration shall be Hong Kong. The arbitration proceedings shall
be conducted in English. There shall be one arbitrator.
10. Contact
If
you have any questions regarding these TOU, please contact us at:
noblecatking@gmail.com.
Attachment: Additional Terms for
Residents of the Republic of Korea
THIS
SECTION APPLIES TO ALL CONSUMERS WHO ARE RESIDENTS OF THE REPUBLIC OF KOREA.
You
have the right to cancel your purchase of Virtual Currency or Virtual Items
within 7 days from the date of purchase. To exercise this right, please contact
our customer service at noblecatking@gmail.com.
1. Paid content may be canceled if it remains
unused within 7 days of purchase or availability. Upon cancellation, the
Company will promptly revoke access to the relevant items.
2. The right to cancel is restricted in the
following cases (with prior notice provided):
i. Items consumed or applied immediately upon
purchase.
ii. Items provided free of charge during
normal use of the application.
iii. Items obtained through in-game events.
iv. Items that provide additional benefits.
v. Bundled items, if any part has been
used.
vi. Probabilistic items (e.g., chests, loot
boxes) whose contents are determined upon opening.
3. Refunds will be processed according to the
policies of the relevant payment service provider, which may vary by device
operating system.
4. Paid content acquired as a reward through
events (internal or external) and not via direct purchase is not eligible for
refund.
5. For cancellation or refund requests, the
Company will verify purchase history with the platform/payment provider and may
contact you for additional information or documentation.
6. Payments made by a minor without
parental/guardian consent may be canceled by the minor or guardian, subject to
verification. Proof of identity for both the minor and the legal representative
may be required.
7. Payment methods are provided by third-party
payment processors. Overpayment refunds must typically be requested from the
relevant payment company, though the Company may assist in the process.
8. Refunds for gifted paid content are generally
not permitted, except in cases of defect, where a refund may be issued to the
original purchaser/sender.
9. The Company will process eligible refunds
promptly upon receipt of all required documentation.