Funcore Games

TERMS OF SERVICE

Effective Date:Aguest 4 2020

The terms of thisagreement ("Terms of Service") govern the relationship between youand Funcore Games Oy., a Finnish company (business ID 2336509-6) having itsregistered office at Itämerenkatu 11, 00180 Helsinki, Finland, (hereinafter"Funcore Games" or "Us" or "We") regarding youruse of Funcore Games's games, websites and related services (the"Service"). Use of the Service is also governed by Funcore Games'sPrivacy Policy and other relevant policies, which are incorporated herein byreference.

Before accessingor using the Service, including browsing any Funcore Games website or accessinga game, you must agree to these Terms of Service and the Privacy Policy. Youmay also be required to register an account on the Service (an"Account"). By registering for an Account or otherwise using theService, you affirm that you are the legal age of majority in your country ofresidence. If you are not, your legal guardian must review and agree to theseTerms. If you access the Service from a Social Networking Site("SNS"), such as Facebook or Google+, you shall comply with its termsof service/use as well as these Terms of Service.

BY INSTALLING,USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE.IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OROTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Funcore Gamesreserves the right, at its discretion, to change, modify, add or removeportions of these Terms of Service,  its Privacy Policy and other relevantFuncore Games policies at any time by posting the amended terms on the FuncoreGames Service. You will be deemed to have accepted such changes by continuingto use the Service. If at any point you do not agree to any portion of thethen-current version of our Terms of Service, the Funcore Games Privacy Policy,or any other Funcore Games policy, rules or codes of conduct relating to youruse of the Service, your license to use the Service shall immediately terminate,and you must immediately stop using the Service.

1. License

1.1. Grant ofa Limited License to Use the Service

Subject to youragreement and continuing compliance with these Terms of Service and any otherrelevant Funcore Games policies, Funcore Games grants you a non-exclusive,non-transferable, non-sublicensable, revocable and limited license to accessand use the Service for your own non-commercial entertainment purposes. Youagree not to use the Service for any other purpose.

The followingrestrictions apply to the use of the Service:

• § You accept fullresponsibility for any unauthorized use of the Service by minors. You areresponsible for any use of your credit card or other payment instrument (e.g.paypal) by minors.

• You shall not (or attempt to) purchase, sell, rent orgive away your Account, create an Account using a false identity orinformation, or on behalf of someone other than yourself; You shall not use theService if you have previously been removed by Funcore Games, or previouslybeen banned from playing any Funcore Games game.

• You shall use your Account only for non-commercialpurposes; You shall not use the Service to advertise, or solicit, or transmitany commercial advertisements, including chain letters, junk or spam e-mail orrepetitive or misleading messages to anyone.

Login informationand Your Account

You may berequired to select a password for your Account or you may also use othercredentials to access the Account ("Login Information"). You shallnot share the Account or the Login Information, nor let anyone else access yourAccount or do anything else that might jeopardize the security of your Account.In the event you become aware of or reasonably suspect any breach of security,including without limitation any loss, theft, or unauthorized disclosure of theLogin Information, you must immediately notify Funcore Games and modify yourLogin Information. You are solely responsible for maintaining theconfidentiality of the Login Information, and you will be responsible for alluses of the Login Information, including purchases, whether or not authorizedby you. You are responsible for anything that happens through your Account.

Funcore Gamesreserves the right to remove or reclaim any usernames at any time and for anyreason, including but not limited to claims by a third party that a usernameviolates the third party's rights.

The Servicesupports only one Account per game on a supported device.

LicenseLimitations

Any use of theService in violation of these License Limitations is strictly prohibited, can resultin the immediate revocation of your limited license and may subject you toliability for violations of law.

You agree that youwill not, under any circumstances:

• Engage in any act that Funcore Games deems to be inconflict with the spirit or intent of the Service or make improper use of FuncoreGames's support services.

• § Use or take part(directly or indirectly) in the use of cheats, exploits, automation software,emulators, bots, hacks, mods or any unauthorized third-party software designedto modify or interfere with the Service, any Funcore Games game or any FuncoreGames game experience.

• Modify or cause to be modified any files that are a partof the Service or any Funcore Games game without Funcore Games's express writtenconsent.

• Disrupt, interfere with or otherwise adversely affect thenormal flow of the Service or otherwise act in a manner that may negativelyaffect other users' experience when using the Service or playing Funcore Games'sgames. This includes win trading and any other kind of manipulation ofrankings, taking advantage of errors in the Service to gain an unfair edge overother players and any other act that intentionally abuses or goes against thedesign of the Service.

• Disrupt, overburden, or aid or assist in the disruptionor overburdening of any computer or server ("Server") used to offeror support the Service or any Funcore Games game environment.

• Institute, assist, or become involved in any type ofattack, including without limitation distribution of a virus, denial of serviceattacks upon the Service, or other attempts to disrupt the Service or any otherperson's use or enjoyment of the Service.

• Attempt to gain unauthorized access to the Service,Accounts registered to others or to the computers, Servers, or networksconnected to the Service by any means other than the user interface provided byFuncore Games, including but not limited to, by circumventing or modifying,attempting to circumvent or modify, or encouraging or assisting any otherperson to circumvent or modify, any security, technology, device, or softwarethat is part of the Service.

• Post any information that is abusive, threatening,obscene, defamatory, libelous, or racially, sexually, religiously, or otherwiseobjectionable or offensive or engage in ongoing toxic behavior, such as byrepeatedly posting information on an unsolicited basis.

• Post any information that contains nudity, excessiveviolence, or offensive subject matter or that contains a link to such content.

• Attempt to, or harass, abuse, or harm, or advocate orincite harassment, abuse, or harm of another person, group, including FuncoreGames employees, including Funcore Games's customer service representatives.

• Make available through the Service any material orinformation that infringes any copyright, trademark, patent, trade secret,right of privacy, right of publicity, or other right of any person or entity orimpersonates any other person, including without limitation a Funcore Gamesemployee.

• Reverse engineer, decompile, disassemble, decipher orotherwise attempt to derive the source code for any underlying software orother intellectual property used to provide the Service or any Funcore Gamesgame, or to obtain any information from the Service or any Funcore Games gameusing any method not expressly permitted by Funcore Games.

• Solicit or attempt to solicit Login Information or anyother login credentials or personal information from other users of the Serviceor any Funcore Games game.

• Collect or post anyone's private information, includingpersonally identifiable information (whether in text, image or video form),identification documents, or financial information through the Service.

• § Use any FuncoreGames game for gambling, betting or any similar activity in which prizes orrewards can be won (directly or indirectly), including betting on the outcomeof matches in which you participate as a player, irrespective of whether or notthere is a fee or stake involved.

Funcore Gamesreserves the right to determine what conduct it considers to be in violation ofthe rules of use or otherwise outside the intent or spirit of these Terms ofService or the Service itself. Funcore Games reserves the right to take actionas a result, which may include terminating your Account and prohibiting youfrom using the Service in whole or in part.

1.2. Suspensionand Termination of Account and Service

WITHOUT LIMITINGANY OTHER REMEDIES, FUNCORE GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, ORDELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR FUNCOREGAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OFSERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE,WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THESERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANYBENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USEOF THE SERVICE, AND FUNCORE GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FORANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITINGOUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USERACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIRCONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICALAND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THATTHEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THEINTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITHTHE LETTER OR SPIRIT OF OUR TERMS OR   POLICIES. ADDITIONALLY, WE MAY,IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATEACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUALPROPERTY RIGHTS.

FUNCORE GAMESRESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180DAYS.

Funcore Gamesreserves the right to stop offering and/or supporting the Service or aparticular game or part of the Service at any time, at which point your licenseto use the Service or a part thereof will be automatically terminated. In suchevent, Funcore Games shall not be required to provide refunds, benefits orother compensation to users in connection with such discontinued Service
. Termination of your Account can include disabling your access to the Serviceor any part thereof including any content you submitted or others submitted.

You may terminateyour Account at any time and for any reason by following the process describedon our support page located at https://support.Funcore Games.com/ informing FuncoreGames that you wish to terminate your Account.

2. Ownership

2.1.Games and Service

All rights, titleand interest in and to the Service (including without limitation any games,titles, computer code, themes, objects, characters, character names, stories,dialogue, catch phrases, concepts, artwork, animations, sounds, musicalcompositions, audio-visual effects, methods of operation, moral rights,documentation, in-game chat transcripts, character profile information,recordings of games played using a Funcore Games game client, and the FuncoreGames game clients and server software) are owned by Funcore Games. FuncoreGames reserves all rights, including without limitation, all intellectualproperty rights or other proprietary rights, in connection with its games andthe Service.

2.2. Accounts

NOTWITHSTANDINGANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVENO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHERACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALLFOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FUNCORE GAMES.

2.3. Virtual Items

Funcore Gamesowns, has licensed, or otherwise has rights to use all of the content thatappears in the Service or in Funcore Games games. Notwithstanding any provisionto the contrary herein, you agree that you have no right or title in or to anycontent that appears in the Service, including without limitation the virtualgoods or currency appearing or originating in any Funcore Games game, whetherearned in a game or purchased from Funcore Games, or any other attributesassociated with an Account or stored on the Service.

3. User Content

3.1. Submission ofUser Content

"UserContent" means any communications, images, sounds, and all the material,data, and information that you upload or transmit through a Funcore Games gameclient or the Service, or that other users upload or transmit, includingwithout limitation any chat text. By transmitting or submitting any UserContent while using the Service, you affirm, represent and warrant that suchtransmission or submission is (a) accurate and not confidential or misleading;(b) not in violation of any laws, contractual restrictions or other third partyrights, and that you have permission from any third party whose personalinformation or intellectual property is comprised in the User Content; (c) freeof viruses, adware, spyware, worms or other malicious code; and (d) youacknowledge and agree that any of your personal information within such contentwill at all times be processed by Funcore Games in accordance with its PrivacyPolicy.

3.1.1. ContentScreening

Funcore Gamesassumes no responsibility for the conduct of any user submitting any UserContent, and assumes no responsibility for monitoring the Service forinappropriate content or conduct. We do not, and cannot, pre-screen or monitorall User Content. Your use of the Service is at your own risk. By using theService, you may be exposed to User Content that is offensive, indecent orotherwise not in line with your expectations. You bear all risks associatedwith the use of any User Content available in connection with the Service. Atour discretion, our representatives or technology may monitor and/or recordyour interaction with the Service or communications (including withoutlimitation chat text) when you are using the Service.

By entering intothese Terms of Service, you hereby provide your irrevocable consent to suchmonitoring and recording. You acknowledge and agree that you have noexpectation of privacy concerning the transmission of any User Content,including without limitation chat text or voice communications.

Funcore Games reservesthe right in its sole discretion to review, monitor, prohibit, edit, delete,disable access to or otherwise make unavailable any User Content (includingwithout limitation your User Content) without notice for any reason or for noreason at any time. If at any time Funcore Games chooses, in its solediscretion, to monitor the Service, Funcore Games nonetheless assumes noresponsibility for User Content and assumes no obligation to modify or removeany inappropriate User Content. We have the right, but not the obligation, inour sole discretion to edit, refuse to post, or remove any User Content.

3.2. InformationUse by Other Members of the Service

3.2.1.Public Discourse

The Service mayinclude various forums, blogs and chat features where you can post User Content,including your observations and comments on designated topics. Funcore Gamescannot guarantee that other members will not use the ideas and information thatyou share. Therefore, if you have an idea or information that you would like tokeep confidential and/or don't want others to use, do not post it on theService. Funcore Games shall have no responsibility to evaluate, use orcompensate you for any ideas or information you may choose to submit.

3.2.2. ResponsibleFor Your Own Content

You are solelyresponsible for the information that you post on, through or in connection withthe Service and that you provide to others. Funcore Games may reject, refuse topost or delete any User Content for any or no reason, including, but notlimited to, User Content that in the sole judgment of Funcore Games violatesthese Terms of Service.

3.2.3. YourLicense to Funcore Games

You hereby grantto Funcore Games an irrevocable, perpetual, transferable, fully paid-up,royalty-free, worldwide license (including the right to sublicense and assignto third party) and right to copy, reproduce, fix, adapt, modify, createderivative works from, manufacture, commercialize, publish, distribute, sell,license, sublicense, transfer, lease, transmit, publicly display, publiclyperform, or provide access to electronically, broadcast, communicate to thepublic by telecommunication, display, perform, enter into computer memory, anduse and practice, in any way, your User Content as well as all modified andderivative works thereof in connection with our provision of the Service,including marketing and promotions of the Service. You also hereby grant to FuncoreGames the right to authorize others to exercise any of the rights granted to FuncoreGames under these Terms of Service. You further hereby grant to Funcore Gamesthe unconditional, irrevocable right to use and exploit your name, likeness andany other information or material included in any User Content and inconnection with any User Content, without any obligation to you. Except asprohibited by law, you waive any rights of attribution and/or any moral rightsyou may have in your User Content, regardless of whether your User Content isaltered or changed in any manner. Funcore Games does not claim any ownershiprights in your User Content and nothing in these Terms of Service is intendedto restrict any rights that you may have to use and exploit your User Content. FuncoreGames has no obligation to monitor or enforce your intellectual property rightsin or to your User Content.

3.3. UserInteractions

You are solely responsiblefor your interactions with other users of the Service and any other partieswith whom you interact through the Service and/or Funcore Games games. FuncoreGames reserves the right, but has no obligation, to become involved in any waywith these disputes. You will fully cooperate with Funcore Games to investigateany suspected unlawful, fraudulent or improper activity, including, withoutlimitation, granting Funcore Games access to any password-protected portions ofyour Account.

If you have adispute with one or more users, you release us (and our officers, directors,agents, subsidiaries, joint ventures and employees) from claims, demands anddamages (actual and consequential) of every kind and nature, known and unknown,arising out of or in any way connected with such disputes.

4. Fees andPurchase Terms

4.1.Purchases

In the Service youmay purchase, with "real world" money, a limited, personal,non-transferable, non-sublicensable, revocable license to use (a) "virtualcurrency", including but not limited to virtual cash or diamonds, all foruse in Funcore Games games; (b) "virtual in-game items" (togetherwith "virtual currency", "Virtual Items"); and (c) othergoods or services ("Merchandise"). You are only allowed to purchaseVirtual Items from us or our authorised partners through the Service, and notin any other way.

Funcore Games maymanage, regulate, control, modify or eliminate Virtual Items and/or Merchandiseat any time, with or without notice. Funcore Games shall have no liability toyou or any third party in the event that Funcore Games exercises any suchrights.

The transfer ofVirtual Items and Merchandise is prohibited except where expressly authorizedin the Service. Other than as expressly authorized in the Service, you shallnot sell, purchase, redeem or otherwise transfer Virtual Items or Merchandiseto any person or entity or attempt any of the aforesaid, including but notlimited to Funcore Games, another user or any third party.

ALL PURCHASES ANDREDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL ANDNON-REFUNDABLE.

The provision ofVirtual Items for use in Funcore Games games is a service provided by FuncoreGames that commences immediately upon acceptance by Funcore Games of yourpurchase.

4.2. Payment ofFees

You agree to payall fees and applicable taxes incurred by you or anyone using an Accountregistered to you. Funcore Games may revise the pricing for the goods andservices offered through the Service at any time. YOU ACKNOWLEDGE THAT FUNCOREGAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOTRECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT ISCLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. Updates to theService

You understandthat the Service is an evolving one. Funcore Games may require that you acceptupdates to the Service and to Funcore Games's games you have installed on yourdevice or computer. You acknowledge and agree that Funcore Games may update theService and Funcore Games games, with or without notifying you. You may need toupdate third party software from time to time in order to receive the Serviceand play Funcore Games games.

6. Disclaimer ofWarranties

WITHOUT LIMITING FUNCOREGAMES'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "ASIS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OFANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ANDTHOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. FUNCORE GAMES DOES NOTWARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE     THE SERVICE AT THE TIMES OR LOCATIONS OF YOURCHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTSWILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHERHARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties.Accordingly, some of the above disclaimers may not apply to you.

7. Limitation ofLiability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUMEXTENT PERMITTED BY LAW, FUNCORE GAMES SHALL NOT BE LIABLE TO YOU FOR ANYINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILARDAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATAOR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES AREQUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE ORTHE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY,AND WHETHER OR NOT FUNCORE GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, FUNCORE GAMES SHALL NOT BE LIABLETO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FUNCORE GAMES IN ACCORDANCEWITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THEDATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOUHAVE NOT PAID ANYTHING TO FUNCORE GAMES DURING SUCH TIME PERIOD, YOUR SOLEREMEDY (AND FUNCORE GAMES'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH FUNCOREGAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESETERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDEOR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCTOF FUNCORE GAMES OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE ORFRAUD OF FUNCORE GAMES.

You agree toindemnify, defend and hold Funcore Games (and our officers, directors, agents,subsidiaries, joint ventures and employees) harmless from any claim, demand,damages or other losses, including reasonable attorneys' fees, asserted by anythird-party resulting from or arising out of your use of the Service, or anybreach by you of these Terms of Service, however the foregoing does not applyif the infringement of rights is not attributable to your intentional ornegligent behavior.

8. DisputeResolution and Law

If a disputearises between you and Funcore Games, we strongly encourage you to firstcontact us directly to seek a resolution by going to our customer support siteat https://support.Funcore Games.com/. If you are a resident of the UnitedStates, these Terms of Service and any dispute arising out of or related to itor Privacy Policy or the Service shall be governed in all respects byCalifornia law, without regard to conflict of law provisions. You agree thatany claim or dispute you may have against Funcore Games must be resolvedexclusively by a court located in San Francisco, California. If you are aresident outside of the United States, you agree that all disputes between youand Funcore Games shall be governed by the laws of Finland, without regard toconflict of law provisions. You agree that any claim or dispute you may haveagainst Funcore Games must be resolved exclusively by a court located inHelsinki, Finland.

9. Severability

You and FuncoreGames agree that if any portion of these Terms of Service or of the FuncoreGames Privacy Policy is found illegal or unenforceable, in whole or in part byany court of competent jurisdiction, such provision shall, as to suchjurisdiction, be ineffective solely to the extent of such determination ofinvalidity or unenforceability without affecting the validity or enforceabilitythereof in any other manner or jurisdiction and without affecting the remainingprovisions of the terms, which shall continue to be in full force and effect.

10. GeneralProvisions

10.1. Assignment

Funcore Games mayassign or delegate these Terms of Service and/or the Funcore Games PrivacyPolicy, in whole or in part, to any person or entity at any time with orwithout your consent. You may not assign or delegate any rights or obligationsunder the Terms of Service or Privacy Policy without Funcore Games's priorwritten consent, and any unauthorized assignment and delegation by you isineffective.

10.2. SupplementalPolicies

Funcore Games maypublish additional policies related to specific services such as forums,contests or loyalty programs. Your right to use such services is subject tothose specific policies and these Terms of Service.

10.3. EntireAgreement

These Terms ofService, any supplemental policies and any documents expressly incorporated byreference herein (including the Funcore Games Privacy Policy), contain theentire understanding of you and Funcore Games, and supersede all priorunderstandings of the parties hereto relating to the subject matter hereof,whether electronic, oral or written, or whether established by custom,practice, policy or precedent, between you and us with respect to the Service.

10.4. No Waiver

The failure of FuncoreGames to require or enforce strict performance by you of any provision of theseTerms of Service or the Funcore Games Privacy Policy or failure to exercise anyright under them shall not be construed as a waiver or relinquishment of FuncoreGames's right to assert or rely upon any such provision or right in that or anyother instance.

The express waiverby Funcore Games of any provision, condition, or requirement of these Terms ofService or the Funcore Games Privacy Policy shall not constitute a waiver ofany future obligation to comply with such provision, condition or requirement.

Except as expresslyand specifically set forth in this these Terms of Service, no representations,statements, consents, waivers, or other acts or omissions by Funcore Gamesshall be deemed a modification of these Terms of Service nor legally binding,unless documented in physical writing, hand signed by You and a duly appointedofficer of Funcore Games.

10.5. Notices

We may notify youvia postings on www.Funcore Games.com, and viae-mail or any other communications means to contact information you provide tous. All notices given by you or required from you under these Terms of Serviceor the Funcore Games Privacy Policy shall be in writing and addressed to: FuncoreGames Oy. Attn: Legal, Itämerenkatu 11-13, FI- 00180 Helsinki, Finland. Anynotices that you provide without compliance with this Section on Notices shallhave no legal effect.

10.6. EquitableRemedies

You acknowledgethat the rights granted and obligations made under these Terms of Service to FuncoreGames are of a unique and irreplaceable nature, the loss of which shallirreparably harm Funcore Games and which cannot be replaced by monetary damagesalone so that Funcore Games shall be entitled to injunctive or other equitablerelief (without the obligations of posting any bond or surety or proof ofdamages) in the event of any breach or anticipatory breach by you.

You irrevocablywaive all rights to seek injunctive or other equitable relief, or to enjoin orrestrain the operation of the Service or any Funcore Games game, exploitationof any advertising or other materials issued in connection therewith, orexploitation of the Service or any content or other material used or displayedthrough the Service and agree to limit your claims to claims for monetarydamages, limited by Section 7 (if any).

10.7. ForceMajeure

Funcore Gamesshall not be liable for any delay or failure to perform resulting from causesoutside the reasonable control of Funcore Games, including without limitationany failure to perform hereunder due to unforeseen circumstances or causebeyond Funcore Games'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 ormaterials.