Terms Of Use

Funkitron, Inc. Terms of Use

July 16, 2026

These Funkitron, Inc. Terms of Use, as amended from time to time (“Terms of Use”), are a legal agreement between you and Funkitron, Inc. and any of its respective successors or
assigns (“Funkitron”, “we” or “us”). These Terms of Use apply to access to and use of the websites, games, software and any related products and services (collectively, the “Funkitron Games”) provided by Funkitron. The Funkitron Games include, without limitation, www.funkitron.com, any other sites on which these Terms of Use are posted or linked, and the Restricted Games and Funkitron Software (as deﬁned below).

By agreeing to these Terms of Use, you are agreeing to be bound by these Terms of Use and the Supplemental Terms. If you do not agree to be bound by these Terms of Use, then
you may not use or access the Funkitron Games.

A few other important notes before diving into the rest of the Terms of Use:
These Terms of Use include a mandatory arbitration provision and waiver of class relief in Section 26. If you do not wish to be subject to arbitration, you must opt out of the
arbitration provision by following the instructions provided in Section 26. For individuals living within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum. It includes additional and alternative terms that may be
applicable depending on where you live. The Global Addendum is part of the Terms of Use. In the event of a conﬂict between any term in the Global Addendum and the main body of
the Terms of Use, the Global Addendum will control to the extent of the conﬂict.
In addition to the Terms of Use, we also publish a Privacy Policy. Although the Privacy Policy is not a part of the Terms of Use, we encourage you to read it to better understand how we collect, use, share and otherwise process information about you.

1. ELIGIBILITY
You must be at least thirteen (13) years of age, or sixteen (16) years of age if you are located in the European Economic Area, Switzerland, or United Kingdom, to create a Funkitron Account (as deﬁned below) or to access or use most Funkitron Games. If you are under the age of 18 (or the age of majority where you live), you may only create a Funkitron Account, or access or play the Funkitron Games under the supervision of a parent, guardian, or carer who has also agreed to these Terms of Use. Parents, guardians, and carers are responsible for their minor’s access and use of the Funkitron Account (if one is created) and Funkitron Games. Funkitron recommends that parents, guardians, and carers familiarize themselves with parental controls on devices used by minors. You must be at least eighteen (18) years of age (or the age of majority where you live) to access or use Funkitron Games involving social casino-style game play (“Restricted Games”), including creating a Funkitron Account for one or more Restricted Games. Restricted Games are intended for amusement purposes only.

You may not create a Funkitron Account or use any other Funkitron Games if: (a) you cannot enter into a binding contract with Funkitron, (b) you do not meet the age requirements set forth above, (c) you are located in, or a resident of, a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country (“Embargoed Jurisdiction”), (d) you are subject to any sanctions administered by an agency of the U.S. government or the United Nations, (e) you are listed on any United States government list of prohibited or restricted parties, or (f) you have previously been banned from playing any Funkitron Game, unless Funkitron has reversed that ban, in its sole discretion.

2. ADDITIONAL TERMS AND AMENDMENTS
Each of your Funkitron Game account(s) (each, a “Funkitron Account”) and access to and use of any other Funkitron Games are governed by these Terms of Use and any applicable additional guidelines, terms, or rules that Funkitron makes available to you or otherwise gives you notice of (the “Supplemental Terms”). The Supplemental Terms are incorporated into these Terms of Use by reference. If there is a conﬂict between these Terms of Use and any Supplemental Terms, the Supplemental Terms will control for that speciﬁc instance of conﬂict.

The Funkitron Games are always evolving, so it is important that you periodically check these Terms of Use as well as the Supplemental Terms for updates. Funkitron reserves the right to change or modify the Terms of Use and the Supplemental Terms at any time and in our sole discretion. We may need to make such changes, to account for changes to the Funkitron Games (such as when new features are added or when older features are retired); for business, legal, regulatory, or security reasons; or to prevent abuse or harm. If Funkitron makes material changes to these Terms of Use or the Supplemental Terms, we will use commercially reasonable efforts to notify you of such changes, such as (by way of example only) by providing notice through the Funkitron Games or by email using the information provided in your Funkitron Account registration. The date at the top of these Terms of Use will indicate the latest update. If we revise these Terms of Use or the Supplemental Terms, such revision(s) will take effect on the date we indicate. Your continued access or use of any Funkitron Game after such posting constitutes your acceptance of the revised Terms of Use or Supplemental Terms. If you do not agree to any revision we make to these Terms of Use or the Supplemental Terms, you must
immediately discontinue playing all Funkitron Games.
If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for information on how this Section applies to you.

3. USE OF FUNKITRON GAMES; ACCOUNT REGISTRATION
Technical requirements. Funkitron Games may require you to have certain minimum technical requirement/s, as provided and detailed for the respective Funkitron Game. While
using and accessing a Funkitron Game, you acknowledge that you read and understand the minimum technical requirements applicable to the Funkitron Game.

Account Registration. You may need to become a Registered User and create a Funkitron Account to access some Funkitron Games. If you create a Funkitron Account, you must provide truthful and accurate information when creating a Funkitron Account and promptly update this information if it changes. You may have no more than one Funkitron Account for any Funkitron Game, and Funkitron reserves the right to limit the number of Funkitron Accounts a user can establish. This limit may change over time in our sole discretion. If you forget your password, you can request a password reset link be sent to your registered e-mail address. For purposes of these Terms of Use, “User,” or “user” is one who has registered a Funkitron Account directly with Funkitron or has a valid account on a social networking service or other third-party service or platform through which the User has connected to the Funkitron Games (each such account, a “Third-Party Account”). When registering a Funkitron Account, you may be required to provide certain information so that we can provide you with a Funkitron Account identiﬁcation number. Keep your Funkitron Account details and passwords secured as further described in sub-section “Registration Data” below. To protect our Funkitron Games, Users and Funkitron itself, we reserve the right, if necessary, to refuse to register any Funkitron Account or to terminate it in accordance with these Terms of Use.

Visitors and Guests. If you are a visitor, you may be able to view and use certain features of the Funkitron Games that are available without registration. You do not need to register
with Funkitron to simply visit and view websites, the public information on the Funkitron Games, or to download certain applications. You may also have the option to play certain Funkitron Games as a guest, if available.

Access through Third-Party Platforms. If you access the Funkitron Game(s) through a social networking service or other third-party service (each a “Third-Party Platform”) as part of the functionality of the Funkitron Game, you may link your Funkitron Account with Third-Party Accounts by allowing Funkitron to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Funkitron and/or grant Funkitron access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Funkitron to pay any fees or making Funkitron subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identiﬁable information that you post to your Third-Party Accounts may be available on and through your Funkitron Account. You have the ability to disable the connection between your Funkitron Account and your Third-Party Accounts at any time by accessing the “Settings” section of the applicable Funkitron Game. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND FUNKITRON DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD- PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Additionally, you agree and understand that Funkitron does not control those Third-Party Platforms and their content. You are subject to and should read the terms of use/service agreements and privacy policies that apply to such Third-Party Platforms.

Registration Data. In registering for the Funkitron Game(s), you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Funkitron
Game’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. To the fullest extent
permitted by law, you are responsible for all activities that occur under your Funkitron Account. You may not share your Funkitron Account or password with anyone, and you agree to (a) notify Funkitron immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Funkitron Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Funkitron has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Funkitron has the right to suspend or terminate your Funkitron Account and refuse any and all current or future use of the Funkitron Games (or any portion thereof). To the fullest extent permitted by law, Funkitron reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.

Network Access. When you access a Funkitron Game(s) through a mobile network, your network or roaming provider’s messaging, data, and other rates and fees will apply. You are
required to pay any fees to connect to a mobile network, the Internet, and for data or cellular usage to download and use the Funkitron Games. Downloading, installing, or using certain services may be prohibited or restricted by your network provider and not all features of the Funkitron Game(s) may work with your network provider or device.

Mobile Device Usage. You may choose to use the Funkitron Games on a mobile device. If you do, you may need an account with Funkitron that provides your mobile application
marketplace provider identiﬁer, like an Apple ID. You may need to update mobile device software from time to time to receive the Funkitron Games. We provide Funkitron Games, and you are required to provide the equipment (computer, phone, tablet, etc.) and pay any fees related to your use of the Funkitron Games on a mobile device, which may include app
stores.

4. ELECTRONIC COMMUNICATIONS
When you access a Funkitron Game, send e-mails to, or electronically chat with Funkitron, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Funkitron Games. You agree that all agreements, notices, disclosures, and other communications that Funkitron provides to you electronically satisfy any legal requirement that such communications be in writing.

5. OWNERSHIP; LIMITED LICENSE
The Funkitron Games, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Funkitron or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms of Use, all rights in and to the Funkitron Games are reserved by us or our licensors. Subject to your compliance with these Terms of Use, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Funkitron Games for your own personal, noncommercial use. Any use of the Funkitron Games other than as speciﬁcally authorized by these Terms of Use, without our prior written permission, is strictly prohibited, and violates our intellectual property rights.

6. VIRTUAL ITEMS
Certain Funkitron Games may provide you with the opportunity for us to license to you a variety of virtual items such as virtual currency, virtual goods, and content packs (“Virtual Items”) that can be used while playing the Funkitron Game. You may be required to pay a fee to obtain Virtual Items (“Paid Virtual Items”). When you use Virtual Items within a Funkitron Game, any Paid Virtual Items that you have purchased will be deemed used before any Virtual Items that you have earned. VIRTUAL ITEMS, LICENSED TO YOU IN ACCORDANCE WITH THESE TERMS OF USE, ARE NOT PREPAID PAYMENT INSTRUMENTS OR OTHERWISE ITEMS OF MONETARY VALUE. You have no property interest in any Virtual Items. Virtual Items obtained through Funkitron Games are provided to you under a limited, nontransferable, revocable, non-sublicensable license to use those Virtual Items within the applicable Funkitron Game. Virtual Items may not be transferred or resold, including, without limitation, by means of any direct sale or auction service.
You may not, and may not attempt to, purchase, sell, trade, or sublicense Virtual Items from any individual or entity via cash, barter, or any other transaction. Virtual Items have no monetary value and cannot be used to purchase or use products or services other than within the applicable Funkitron Game and then only to the extent offered within such applicable Funkitron Game. Virtual Items cannot, except as stated in the Global Addendum if appliable to you, be refunded or exchanged for cash or any other tangible value.
Funkitron may manage, regulate, control, modify or eliminate your Virtual Items in our sole discretion and without limitation or restriction, and Funkitron will have no liability to you or anyone or any entity for exercising those rights. In addition, all Virtual Items are unconditionally forfeited if your Funkitron Account is deleted, terminated, cancelled, or suspended for any reason, whether by you or Funkitron. If Funkitron discontinues any Funkitron Game or any portion or feature of any Funkitron Game, you also unconditionally forfeit any Virtual Items connected to the discontinued Funkitron Game. Funkitron has no liability for a third-party hacking or loss of your Virtual Items. Funkitron has no obligation to, and will not, reimburse you for any Virtual Items lost due to your violation of these
Terms of Use, disruption, interruption, or discontinuance of the Funkitron Game or service downtimes related to the same. Funkitron reserves the right, without prior notiﬁcation, to limit the order quantity on any Virtual Items and/or to refuse to provide you with any Virtual Items. Price and availability of Virtual Items are subject to change without notice.
If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for legal guarantees and refund rights applicable to your Virtual Items.

7. REVIEWS, COMMUNICATIONS AND SUBMISSIONS
Our Funkitron Games may allow you and other users to create, post, store, and/or share content, including usernames, messages, text, photos, videos, software, and other materials
(collectively, “User Content”). Except for the license you grant below, as between you and Funkitron, you retain all rights in and to your User Content, except for any text, graphics, images, photographs, videos, illustrations, or other content contain in or derived from the Funkitron Games included in your User Content. You grant Funkitron and its subsidiaries and aﬃliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content, including any name, likeness, voice, biography, or signature provided by you in connection with your User Content, in all media formats and channels now known or later developed without compensation to you. Depending on your account settings and which Funkitron
Game you are interacting with, when you post or otherwise share User Content in or through a Funkitron Game, your User Content and any associated information (such as your
username, city and state location, skill level, favorite game and favorite genres) may be visible to others. If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for information on the license you grant Funkitron to your User Content. You may not create, post, store or share any User Content that violates these Terms of Use, that does not comply with our Review Guidelines, or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of your User Content as permitted by these Terms of Use, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit, or monitor User Content, we may (a) monitor any communications within the Funkitron Games, including, without limitation, to ensure that appropriate standards of online conduct are being observed and (b) block, edit, delete, or remove any User Content at any time and for
any reason with or without notice. Funkitron does not endorse or approve any User Content that you or other users post or communicate on or through any Funkitron Games. Funkitron does not assume any responsibility or liability for any content that is generated, posted, or communicated by any user on or through the Funkitron Games.

8. PROHIBITED CONTENT AND CONDUCT
You are solely responsible for your conduct while using the Funkitron Games. You may not use the Funkitron Games if you engage in, encourage, or promote any prohibited conduct or
content. On a high level, that means you must not violate any applicable laws, contracts, intellectual property rights, or other third-party rights or cause, or threaten to cause, anyone else harm. Without limiting the generality of the policies and standards in these Terms of Use (including, without limitation, our Review Guidelines) this means you may not post, transmit, promote, or distribute any User Content that : is threatening, inciteful, deceptive, inappropriate, obscene, defamatory, crude, illegal, immoral or offensive;
contains a virus, corrupted data, malware, spyware, adware, or any other malicious, invasive harmful, disruptive, or destructive code or program; is for a purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”; contains any private or personal information of a third party without that third party’s consent; or acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.

Additionally, you may not: engage in any harassing, threatening, intimidating, predatory or stalking conduct; discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
impersonate another person, including by indicating that you are a Funkitron employee or a representative of Funkitron (if you are not); attempt to obtain a password, other account information, or other private information from any other user of a Funkitron Game, or a User on a Third-Party Platform; disrupt the normal ﬂow of dialogue, or otherwise act in a manner that negatively affects or disrupts other users; use features of the Funkitron Games or Third-Party Platforms to access a Funkitron Game for anything other than their intended purpose; make use of any payment methods or refund systems to access, purchase or refund Funkitron Games for fraudulent purposes, or without permission of the authorized owner, or otherwise concerning a criminal offense or other unlawful activity; improperly use any Funkitron Game support functions or complaint buttons, such as by making false complaints or other reports to Funkitron representatives; use or launch any automated system, including, without limitation, any spider, bot, cheat utility, scraper or oﬄine reader that accesses a Funkitron Game, or any other unauthorized script or software that interacts with a Funkitron Game; modify, translate, reverse-engineer, reverse-compile or decompile, disassemble, or create derivative works from any part of the Funkitron Games, including any Funkitron Game(s) available on or through Third-Party Platforms, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
use a false e-mail address or otherwise disguise the source of any content that you submit within a Funkitron Game or Third-Party Platform, such as by anonymizing your internet
protocol address; create a “username” or a “persona” in a Funkitron Game or Third-Party Platform that uses your real name, that uses a username or persona that is already used by someone else or that includes materials Funkitron determines are vulgar or offensive or violates someone else’s rights; interfere with or circumvent any Funkitron Game security feature or any other feature that is intended to restrict or enforce limitations on use of or access to a Funkitron Game, or any part thereof, including any Funkitron Game available on or through any Third-Party Platforms; sell, lease, loan, or rent any part of a Funkitron Game, including, without limitation, any Virtual Items, Funkitron Accounts and access to them, including any Funkitron Game available on or through any Third-Party Platforms; or
Engage in cheating, including, but not limited to, by using bots, hacks, add-ons, malware, scripts, or mods not expressly authorized by Funkitron.

Content standards may vary depending on the specific Funkitron Game and the expectations of the relevant game community. You must always use good, respectful, and
conservative judgment in interacting as part of any game play, and submitting any User Content, such as a review or post to any forums or message boards, within a Funkitron Game. If you violate this Section 8, Funkitron may take enforcement actions, including, without limitation, terminating, or suspending your Funkitron Account in accordance with Section 14.

Enforcement of this Section 8 is solely at Funkitron’s discretion, and failure to enforce this Section 8 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 8 does not create any private right of action on the part of any third party or any reasonable expectation that the Funkitron Games will not contain any content that is prohibited by such rules.

9. COMMERCIAL ACTIVITY AND UNSOLICITED E-MAIL
You may use the Funkitron Games for your own individual, personal, noncommercial use only. This means you may not use any portion of the Funkitron Games to collect information, including login names, about other users, and use of such information to send unsolicited communications, or for any other purpose, is strictly prohibited. You may not advertise any goods or services in any Funkitron Games or otherwise exploit your participation on or through any Funkitron Games for any commercial purpose.

10. UNSOLICITED SUBMISSIONS
Please be aware that Funkitron does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, games, game ideas, game names, or other potential creative content. This is to avoid the possibility of future misunderstanding when projects developed by Funkitron staff, studios, or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. So please do not send Funkitron any unsolicited submissions. If you do send Funkitron, our staff, studio(s), or representative(s) an unsolicited submission, you understand and agree that your unsolicited submission does not create any ﬁduciary relationship between you and Funkitron, and that Funkitron is under no obligation to refrain from using the unsolicited submission (in whole or in part), to keep it conﬁdential, or to compensate you if Funkitron or any of its aﬃliates make any use of it.

11. FUNKITRON SOFTWARE LICENSE
To access some Funkitron Games, you may need to install certain software provided by Funkitron or its aﬃliated or related entities onto your computer or mobile device (such software and any associated media or documentation, “Funkitron Software”). The Funkitron Software is part of the Funkitron Games. Accordingly, your access to and use of Funkitron Software is subject to these Terms of Use.

The license granted to you to use Funkitron Software is limited to only permitting you to install and use the Funkitron Software on computers, tablets and mobile devices owned or controlled by you and solely to allow you to participate in the Funkitron Games. You may also be required to agree to a separate end-user license agreement (“EULA”) with Funkitron or its aﬃliates when you download or install Funkitron Software. In the event of a conﬂict
between a EULA you agreed to in connection with Funkitron Software and the terms of these Terms of Use, the terms of the EULA control with regard to the Funkitron Software.

12. REPORTING CONTENT
If you believe that anything within a Funkitron Game infringes any of your intellectual property rights, including copyright that you own or control, or to report other prohibited content or conduct within a Funkitron Game, you may notify Funkitron at:

Funkitron, Inc.

29 Water Street

Newburyport, MA 01950

USA
Email Address: support@funkitron.com.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you are submitting a notice under the DMCA, please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notiﬁcation. Also, please note that if you knowingly misrepresent that any activity or material in a Funkitron Game is infringing, you may be liable to Funkitron for certain costs and damages.

13. THIRD-PARTY LINKS, CONTENT, AND SERVICES
Any and all software, content, and services (including advertising) within a Funkitron Game that are not owned by Funkitron are “third-party content and services.” Funkitron acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third-party content and services.

In addition, and without limiting the generality of the foregoing, certain Funkitron Games may include links to sites, such as social networking sites or payment sites, operated by third parties, including, without limitation, advertisers, payment providers and other content providers (“Other Sites”). We are not responsible for any Other Sites, and such a link does not mean we endorse or approve the Other Site or any information you obtain from it. To the extent permitted by law, we are not liable for any claim relating to any content, goods, and/or services offered by or obtained from any Other Sites. Those Other Sites may collect data or solicit personal information from you. Funkitron does not control such Other Sites, and you agree that Funkitron is not responsible for the content, business
practices or policies of Other Sites or third-party content and services, or for the collection, use, sharing, or disclosure of any information those Other Sites may collect. Any and all use of any Other Sites is at your sole risk, cost, and responsibility.

14. TERMINATION OF ANY FUNKITRON ACCOUNT
Funkitron and you each have the right to terminate any of your Funkitron Account(s), if applicable, at any time for any reason or no reason. Funkitron reserves the right to collect fees, surcharges or costs incurred before termination of your Funkitron Account(s) or a particular subscription. In the event that your Funkitron Account is terminated, unless otherwise agreed by Funkitron in writing,no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Funkitron Account(s) or anything associated with it (such as points, tokens or Virtual Items). If your Funkitron Account is terminated, you will need to cancel any subscriptions you enrolled in with App Providers (as explained in Section 23). Funkitron cannot cancel such subscriptions on your behalf. Any delinquent or unpaid Funkitron Accounts must be settled before Funkitron may allow you to create any new or additional Funkitron Accounts. All Virtual Items are unconditionally forfeited if your Funkitron Account is terminated for any reason,
including terminations in Funkitron’s sole discretion.

Deleting your Account: You may stop using a Funkitron Game and voluntarily delete or request we delete your Funkitron Account at any time. You may delete your Funkitron Account using the settings within the applicable Funkitron Game or submit an online message to support@funkitron.com to request deletion of your Account.

Unless applicable law requires otherwise, Funkitron is not required to provide refunds, beneﬁts, or other compensation if you request deletion of your Account. If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for information on how this Section applies to you.

15. TRADEMARKS
Funkitron, Inc. and the names and logos, product or service names, slogans and the look and feel of the Funkitron Games are protected by copyright, trademark, trade dress and
other intellectual property rights owned by Funkitron. These elements may not be copied, imitated, reverse engineered, or used, in whole or in part, without the prior written permission of Funkitron. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Funkitron Games are the property of their respective owners, who may or may not be aﬃliated with or connected to Funkitron. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation by us.

16. FEEDBACK
If you choose to provide to Funkitron any ideas, suggestions, or other feedback regarding any Funkitron Games, or any proposed software or offerings (collectively “Feedback”), you hereby grant Funkitron a perpetual, irrevocable, non-exclusive, worldwide, fully sublicensable, royalty-free, fully paid, right and license to use and exploit (including, without limitation, commercially exploit) in any manner, means, language and/or media, whether now known or hereafter devised such Feedback without restriction, including in connection with any Funkitron Game, or other products or services of Funkitron. You understand that Funkitron may treat Feedback as nonconﬁdential.

17. DISCLAIMERS
YOU AGREE THAT THE USE OF ANY FUNKITRON GAME, FUNKITRON SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL FUNKITRON GAMES AND FUNKITRON SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FUNKITRON DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE FUNKITRON GAMES OR FUNKITRON SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE FUNKITRON GAMES, FUNKITRON SOFTWARE, NEWSLETTERS, E-MAILS, OR OTHER COMMUNICATIONS SENT FROM FUNKITRON ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

If you are located in a country which provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modiﬁed, or only to a limited extent, then nothing in these Terms of Use is intended to exclude, restrict, or modify such mandatory guarantees or obligations. If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the warranty terms that apply to you.

18. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUNKITRON AND EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, LICENSORS, LICENSEES, OFFICERS, AND DIRECTORS (INDIVIDUALLY AND COLLECTIVELY, THE “FUNKITRON PARTIES”) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
SPECIAL DAMAGES OR LOST PROFITS, EVEN IF FUNKITRON OR THE OTHER FUNKITRON PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE FUNKITRON PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FUNKITRON IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF FUNKITRON OR THE OTHER FUNKITRON PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SUCH LIABILITY SHALL INSTEAD BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

IF YOU ARE A RESIDENT OF NEW ZEALAND OR AUSTRALIA, THIS SECTION 18 DOES NOT EXCLUDE, RESTRICT, OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED, OR MODIFIED INCLUDING THOSE CONFERRED BY THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 AND THE AUSTRALIAN CONSUMER LAW(COMPETITION AND CONSUMER ACT 2010). UNDER THESE ACTS ARE GUARANTEES WHICH INCLUDE THAT GOODS AND SERVICES ARE OF ACCEPTABLE QUALITY. IF THESE GUARANTEES ARE NOT MET, THERE ARE ENTITLEMENTS TO HAVE THE SOFTWARE REMEDIED (WHICH MAY INCLUDE REPAIR, REPLACEMENT, OR REFUND). IF A REMEDY CANNOT BE PROVIDED OR THE FAILURE IS OF A SUBSTANTIAL CHARACTER, THE ACTS PROVIDE FOR A REFUND.

If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the limitations of liability that apply to you.

19. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify and hold harmless, and at Funkitron’s request defend, Funkitron and the Funkitron Parties from and against any and all losses, liabilities, claims demands, costs and expenses (“Claims”) arising out of or related to (a) your access to or use of the Funkitron Games; (b) your User Content or Feedback; (c) your violation of these Terms of Use; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Funkitron Games. You agree to promptly notify Funkitron Parties of any third-party Claims, cooperate with Funkitron Parties in defending such Claims, if requested by Funkitron, and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). Without limiting your indemniﬁcation obligations described herein, Funkitron reserves the right to assume the exclusive control of the defense or settlement of Claims otherwise subject to
indemniﬁcation by you. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Funkitron or the other Funkitron Parties.

If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you.

20. IMPORT TAXES AND FEES
When you buy physical goods (e.g. disc) through any Funkitron Game for delivery outside the United States, you are considered an importer and, as between you and Funkitron, you will be responsible for payment of all taxes, duties, fees, or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Note that cross-border deliveries are subject to opening and inspection by customs authorities.

21. CORRECTIONS
Funkitron reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order was submitted and accepted) in any order, price, advertisement, promotion, or giveaway.

If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the correction terms that apply to you.

22. NON-WAIVER
The failure of Funkitron to exercise or enforce our rights under these Terms of Use does not operate as a waiver of such right or provision. Any waiver of our rights, including any waiver of any breach or default, must be in a writing signed by Funkitron.

23. PROCESSING CREDIT AND DEBIT CARD PAYMENTS
Access to the Funkitron Games, or to certain features of the Funkitron Games, may require you to pay fees. Funkitron may give you different payment options. We reserve the right to change our payment options at any time and for any reason. Before you become obligated to pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Except as stated in the Global Addendum, all fees are non- refundable, to the fullest extent permitted under applicable law. Funkitron may change any or all of its fees (or impose new fees) upon notiﬁcation to you of such changed or new fees. Such
notiﬁcation will be made reasonably in advance, and you may terminate any subscriptions or other Funkitron Games subject to the price change if you do not agree with the change;
however, and to the extent not prohibited under applicable law, you will be deemed to have accepted the changes and such changed or new fees will be applicable after the end of the notice period if you have not terminated the subscription or other Funkitron Games subject to the price change. Funkitron or its payment processor will charge the payment method you specify at the time of purchase. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (a) the payment information you supply to us is accurate and complete, (b) you are an authorized user of the payment method, (c) charges incurred by you will be honored by your ﬁnancial institution, and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. You authorize Funkitron or its payment processor to charge all sums as described in these Terms of Use, for the Funkitron Games you select, to that payment method. If you pay any fees with a credit card, Funkitron or its payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Fees for the Funkitron Games are processed in the United States, and foreign transaction fees may apply if you are located outside the United States.

In the event it becomes necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds, when issued directly by Funkitron, will typically be made to the same method of payment and account used to place the order. Depending on where you reside and when your purchase was made, any taxes you paid on an order may not be included in a credit or refund issued directly by Funkitron that you receive for the order.

If you live within the European Economic Area, Switzerland, or United Kingdom, please see the Global Addendum for refund terms applicable to you.

For transactions made via a distribution platform like the Apple App Store or Google Play (each an “App Provider”), the App Provider’s refund policy will apply. Customers who completed a transaction through an App Provider will need to contact the App Provider directly with any refund requests.

The Funkitron Games may include functionality for activating, updating, or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Funkitron Games, you authorize Funkitron to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Funkitron Games to update or cancel any existing authorized one-time or recurring payment, it may take several business days forthe update or cancellation to take effect.

24. EXPORT CONTROL LAWS
Certain Funkitron Games may be subject to United States and international export controls. You will not export any Funkitron Games to any person or place to which the United States,
European Union, United Kingdom, Switzerland, Australia, or New Zealand has embargoed goods of the nature of Funkitron Games. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Funkitron Games that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.

25. OTHER LEGAL TERMS
You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reﬂect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modiﬁed to the extent necessary to make them legal and enforceable, and will remain, as modiﬁed, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Funkitron relating to this subject matter, and cannot be changed or terminated orally.

26. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION 26 CAREFULLY, BECAUSE IT REQUIRES ARBITRATION OF CERTAIN DISPUTES WITH FUNKITRON AND IT LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. THIS SECTION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS AGAINST FUNKITRON, INCLUDING ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). ALL ARBITRATIONS (AND LITIGATION, WHERE ALLOWED) SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION.

Most of your concerns can be resolved quickly and satisfactorily by contacting Funkitron customer support through links available in your Funkitron Account, within the app (where available). We encourage you to try Funkitron customer support before beginning any formal dispute procedures, but you are not required to.

Scope of Arbitration. All disputes, claims, or controversies (except those listed below) arising out of or relating to these Terms of Use, the Funkitron Games, the use of any Funkitron Game by You or any third party, any applicable Supplemental Terms, or the relationship between the parties, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of these Terms of Use, except for (i) claims regarding the infringement, protection or validity of either party or its licensors’ trade secrets, copyright, trademark, or patent rights; (ii) claims by residents of Australia to enforce a statutory consumer right under Australian consumer law; and (iii) claims brought in small claims court in the county of your billing address (collectively, “Disputes”, and each a “Dispute”) shall be determined exclusively by binding individual arbitration. Any question about the arbitrability of any Dispute shall be determined by the arbitrator. The parties waive their rights to a jury trial and to have any Disputes resolved in court.

Informal Negotiations. The parties shall ﬁrst attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations begin upon the
sending of a properly addressed written notice from one party to the other (“Notice of Dispute”). The Notice of Dispute must: (i) include the full name and contact information of the complaining party; (ii) additional information to positively identify the complaining party, such as, but not limited to, email address used to establish the Funkitron Account, Friend Code(s), player identiﬁcation, device ID; (iii) describe the nature and basis of the claim or Dispute; and (iv) set forth the speciﬁc relief sought. Funkitron will send its Notice of Dispute to the other party’s billing or email address. The Notice of Dispute to Funkitron shall be sent to: Funkitron, Inc. Attn: 29 Water Street, Newburyport, MA 01950. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrators have determined the amount of the award, if any, to which either party is entitled.

Location of Arbitration and Applicable Rules. The parties agree that any Disputes not resolved through informal negotiations will be ﬁnally and exclusively resolved by binding
arbitration. Any election to arbitrate by one party shall be ﬁnal and binding on the other. The parties agree that such arbitration shall occur in Boston, Massachusetts unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 26, a “consumer” means a person using the Funkitron Games for personal, family, or household purposes. The parties agree that Disputes will be held in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”).

For in-person arbitration proceedings, either party may request to appear in such proceedings telephonically. Unless the parties agree otherwise, such arbitration shall be conducted by a panel of three arbitrators in accordance with the JAMS Rules, as modiﬁed by these Terms of Use. Unless the parties agree otherwise, within 30 days after the commencement of arbitration, each party shall select one person, who must be a retired federal judge and a member of the JAMS panel of neutrals, to act as arbitrator, and the two so selected shall select a third arbitrator within 60 days of the commencement of the arbitration. The third arbitrator preferably will be, but is not required to be, a retired federal judge who is a member of the JAMS panel of neutrals. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. All arbitrators shall serve as neutral, independent, and impartial arbitrators.
Authority of Arbitrator. The parties agree that these Terms of Use affect interstate commerce and that the enforceability of this Section 26 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual, unless all involved parties consent to such consolidation.

Conﬁdentiality. You, Funkitron and the arbitrator shall maintain the conﬁdential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator will have the authority to make appropriate rulings to safeguard conﬁdentiality unless the law provides to the contrary.

Allocation of Arbitration Fees. If you assert a Dispute as a consumer, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any
arbitration under this Section, and Funkitron will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. You will still be responsible for paying your own attorneys’ fees.

STATUTE OF LIMITATIONS. ANY DISPUTE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE RELEVANT CLAIM AROSE; OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT THE PARTIES WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
WAIVER OF CLASS RELIEF. ALL ARBITRATIONS AND LITIGATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND FUNKITRON WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OTHER REPRESENTATIVE ACTION OR
PROCEEDING, OR ANY ACTION PURSUANT TO ANY STATUTE THAT ALLOWS RECOVERY ON BEHALF OF, FOR THE BENEFIT OF, OR OF AMOUNTS LOST OR SPENT BY OTHER
INDIVIDUALS (INCLUDING IN A PRIVATE ATTORNEY GENERAL CAPACITY). YOU AND FUNKITRON ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PAST, PENDING, OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING.

Procedure to Opt Out of Arbitration. You may opt out of the binding arbitration requirement by sending written notice via U.S. Mail, or by any nationally recognized delivery service
(e.g., UPS, Federal Express) to Funkitron, Inc., 29 Water Street, Newburyport, MA 01950. For your opt out to be effective, you must send such notice within thirty (30) days of your acceptance of these Terms of Use. You must sign and date the notice, and include in it your name, email address connected to your Funkitron Account (if you have a Funkitron Account), address, and any other information to positively identify you, such as, but not limited to, Friend Code(s), player identiﬁcation, or device ID, and a clear statement that you do not wish to resolve disputes with Funkitron through arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in
accordance with Section 27.

If any portion of this Section 26 is determined by a court to be unenforceable or invalid for any reason, (i) the unenforceable or invalid provision shall be severed from these Terms of
Use; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 26 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 26; and (iii) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 26 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 26 will be enforceable.

If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the dispute resolution terms that apply to you.

27. APPLICABLE LAW, JURISDICTION, AND VENUE
These Terms of Use and the rights of the parties hereunder, including with respect to the use by You or by any third party of the Funkitron Games and including all claims whether sounding in contract, tort, any statutory cause of action, or any other legal theory, shall be governed by and construed in accordance with the laws of the State of Massachusetts except to the extent preempted by U.S. federal law, without regard to conﬂict or choice of law rules or principles (whether of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between you and Funkitron arising from these Terms of Use or your use of Funkitron Games that is not subject to arbitration and cannot be heard in small claims court will be resolved in the state or federal courts of Massachusetts and the United States, respectively. The parties irrevocably consent to the jurisdiction of such venues.

If you live within the European Economic Area, Switzerland, or United Kingdom, this Section does not apply to you. Please see the Global Addendum for the dispute resolution terms that apply to you.

28. CALIFORNIA NOTICE
Under California Civil Code Section 1789.3, California consumers are entitled to the following speciﬁc consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952- 5210.

If you have any questions about these Terms of Use or our Funkitron Games, please contact support@funkitron.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

GLOBAL ADDENDUM
The following special provisions apply if you live in a country located in the European Economic Area, Switzerland, or United Kingdom.

1. ADDITIONAL TERMS AND AMENDMENTS
Notwithstanding anything in the “Additional Terms and Amendments” section of the Terms of Use (Section 2 above), you are only subject to those Supplemental Terms that you have
expressly agreed to. This includes the Supplemental Terms that are listed in the Terms of Use and any additional Supplemental Terms that you agree to through the Funkitron Games.
When we materially change or modify the Terms of Use and any Supplemental Terms, we will provide you with reasonable advance notice of the changes and the opportunity to review the changes, except (a) when the changes are beneﬁcial to you; (b) when the changes only address a new service or feature being launched; or (c) when the changes are to address an urgent situation, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to the new terms, you should stop using Funkitron Games and, if you have one, close your Funkitron Account.

2. USER CONTENT
Notwithstanding anything in the “Reviews, Communications and Submissions” section of the Terms of Use (Section 7 above), the license you grant Funkitron to your User Content only lasts for as long as your User Content is protected by intellectual property rights.

3. TERMINATION OF ANY FUNKITRON ACCOUNT
Notwithstanding anything in the “Termination of Any Funkitron Account” section of the Terms of Use (Section 14 above), we will only terminate your Funkitron Account or your access to and use of other Funkitron Games for good cause. There is good cause if, taking into account all the circumstances of the speciﬁc case and weighing the interests of both parties, we cannot reasonably be expected to continue the contractual relationship, such as if you materially or repeatedly breach these Terms of Use. We may also suspend your Funkitron Account and access to our Funkitron Games for a period of up to ninety (90) days while we investigate suspected misconduct if the misconduct would qualify as good cause and we reasonably believe that misconduct may have occurred.

4. LEGAL GUARANTEES (SWITZERLAND AND UNITED KINGDOM ONLY)
If you live in Switzerland or the United Kingdom, this Section applies to you. The Funkitron Games will be provided using a commercially reasonable level of care and skill. Other than as expressly stated in these Terms of Use, Funkitron does not make any commitments about the reliability of the Funkitron Games or the ability of the Funkitron Games to meet your needs and disclaims all other warranties.

5. LEGAL GUARANTEES (EEA ONLY)
If you live in the European Economic Area, this Section applies to you. Consumer laws where you live provide that Funkitron is liable to you for supplying digital content and services that comply with any contract you have with Funkitron and with the objective and subjective criteria set out by the law.

Under these consumer laws, Funkitron is liable for any lack of conformity that you discover:
Within two years for digital goods that Funkitron supplies to you on a one-off basis;
At any time for digital content or services that Funkitron supplies to you on a continuous basis; or During any longer guarantee period provided by the laws of the country where you live. Funkitron will not, however, be liable for the non-conformity if Funkitron can demonstrate that the lack of conformity is directly attributable to the incompatibility between the digital content or service and your digital environment and that you had been informed by Funkitron of the technical compatibility requirements of that content or service before the conclusion of the contract.

You are required to cooperate with Funkitron, to the extent reasonably possible, necessary, and least intrusive for you, to determine whether the lack of conformity is caused by that
incompatibility. If you want to make a guarantee claim, please contact us at the address provided in Section 12 of the Terms of Use.
6. MODIFICATIONS TO THE FUNKITRON SERVICES (EEA ONLY)
If you live in the European Economic Area, this Section applies to you. Funkitron may modify and adapt Funkitron Games and functionality beyond what is necessary to maintain the contractual conformity of the Funkitron Games (a “Modiﬁcation”), for reasons such as (a) to implement changed legal requirements or case law, (b) to implement changed technical requirements such as a new technical environment or for other operational reasons, in particular to make necessary enhancements for the safety of users or other third parties, (c) to adapt to changed market conditions such as increased user numbers or signiﬁcant changes of speciﬁc and veriﬁable open market costs, (d) due to changes in licenses we hold from third parties or other third party compliance requirements, and (e) for your beneﬁt or to your advantage.
If such a Modiﬁcation negatively impacts your access to or use of a Funkitron Game and such negative impact is more than minor, (“Negative Modiﬁcation”), Funkitron will provide you with reasonable advance notice of the Negative Modiﬁcation (“Modiﬁcation Notice”), except in urgent situations such as a modiﬁcation to prevent abuse, to respond to legal requirements, or to address security or operability issues. The Modiﬁcation Notice will include information on what the modiﬁcation is, when the modiﬁcation will take place, and your right to end your contract with us.

In the event of a Negative Modiﬁcation, you have the right to terminate the agreement related to the respective Funkitron Game free of charge with a notice period of 30 days. The 30-day period begins with your receipt of the Modiﬁcation Notice. If the Negative Modiﬁcation is made after you receive the Modiﬁcation Notice, the period shall begin to run only from the date of the Negative Modiﬁcation. The termination of the agreement is excluded if Funkitron enables you to maintain access and use of the Funkitron Games without the Negative Modiﬁcation and without additional costs. Even after termination, Sections 2, 3, 4, 6-9, 14-22 and 26-27 of the Terms of Use, each as may be modiﬁed by the Global Addendum, will stay in effect.

7. LIMITATIONS OF LIABILITY
Notwithstanding anything in the “Limitations of Liability” section of the Terms of Use (Section 18 above), nothing in the Terms of Use will limit Funkitron’s liability for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by Funkitron or its vicarious agents or for damages based on an intentional breach of duty or grossly negligent breach of duty by Funkitron or its vicarious agents.
For all other damages, Funkitron is only liable for its simple negligent violation of essential contractual obligations and such liability shall be limited to the damage foreseeable and typical for the contract at the time of conclusion of these Terms of Use. To be clear, essential contractual obligations are those whose fulﬁllment characterizes the contract and on which the user may rely. Otherwise, liability is excluded.

Insofar as the liability of Funkitron is limited or excluded, the limitations or exclusions shall also apply to the personal liability of any and all Funkitron employees, legal representatives, and vicarious agents. The limitations and exclusions of liability according to this Section do not affect the liability of Funkitron according to the mandatory legal provisions of product liability acts in the countries where users are located. For users located in Germany, this includes liability due to the fraudulent concealment of a defect as well as the assumption of a guarantee for the quality of an item under the Product Liability Act.

8. CORRECTIONS
Funkitron exercises reasonable care to ensure that the price it lists for Funkitron Games are correct. However, errors may occur. If we accept and process an order for a Funkitron Game where a pricing error was obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract and refund you any sums you have paid.

9. DISPUTE RESOLUTION
These Terms of Use and your access to and use of the Funkitron Games will be governed by and construed and enforced in accordance with the laws of the country where you live, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In the event you bring legal proceedings in respect of these Terms of Use in the courts of the country where you live, you will beneﬁt from any mandatory provisions of the law of the jurisdiction in which you are a resident. Nothing in these Terms of Use affects your rights as a consumer to rely on mandatory provisions of the jurisdiction in which you are a resident. We prefer to solve your requests directly with you and therefore, unless otherwise agreed to by Funkitron in writing, we do not participate in alternative consumer dispute resolution proceedings. If you would like to bring a matter to our attention, please contact us.

10. RIGHT OF WITHDRAWAL
Statutory withdrawal right: Notwithstanding any references to limited refund policies in the Terms of Use, if you purchase a Funkitron Game (or a Paid Virtual Item) for your own
personal (non-commercial) use directly from Funkitron, you have the right to withdraw from the transaction within fourteen (14) days from the date of the transaction as long as none of the exceptions explained below apply.

Withdrawal procedure: To exercise the right of withdrawal, you must inform Funkitron of the decision to withdraw by providing written notice to support@funkitron.com of your desire to withdrawal.

Effects of withdrawal: If you withdraw from a transaction made directly with Funkitron, we will reimburse you for all payments we have received from you within fourteen (14) days after receiving your withdrawal notice. Reimbursements may be limited, however, if you have lost your right to complete withdrawal from a contract (as explained below). For this reimbursement, we will typically use the same means of payment that you used for the original transaction, unless we have expressly agreed otherwise with you.

Losing your withdrawal right: You will lose your withdrawal right under the following circumstances: When the contract is for a Funkitron Game that is digital content only, not supplied on a tangible medium and you expressly agree to have Funkitron supply the
digital content to you before the end of the withdrawal period. In such cases you lose your right of withdrawal and will not be entitled to any reimbursements.

When the contract is for a Funkitron Game that is a digital service and you expressly agree to have Funkitron supply the digital content to you before the end of the withdrawal period, you may only exercise your withdrawal right with regard to any part of the services not yet performed, meaning that the refund you receive after withdrawing will be
prorated based on the proportion of the services already provided by the time you notify us of your decision to withdraw.

Transactions with third parties: Funkitron is unable to refund transactions made via a distribution platform like the Apple App Store or Google Play. The App Provider’s refund policy will apply to such transactions, and customers who completed a transaction through an App Provider will need to contact the App Provider directly with any refund requests. See Section 23 of the Terms of Use for more information about how you can request a refund from an App Provider.