Terms of Service

(Effective date: March 28, 2022)

Fanda Entertainment ("Company", "we", "us" or "our") maintains these Terms of Service ("TOS") which describe the terms and conditions applicable to the use of our gaming applications for personal computers and mobile devices and applications accessible on social networking services ("SNS") (each, an "Application" and collectively, "Applications"). Use of the Applications is always subject to these TOS, our privacy policy ("Privacy Policy") and any additional end user license agreements (the "EULA") that may apply. Any inconsistencies between this TOS, the Privacy Policy or any EULA will be resolved by the Company in its sole and absolute discretion.

EACH TIME YOU USE OR ACCESS AN APPLICATION, YOU AGREE TO COMPLY WITH THESE TOS AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO COMPLY (OR CANNOT COMPLY WITH) THESE TOS, DO NOT USE OR ACCESS THE APPLICATIONS. YOUR CONTINUOUS ACCESS TO AND USE OF ANY APPLICATION SHALL CONSTITUTE THAT YOUR AGREEMENT IS LEGALLY BOUND BY THESE TOS, AS THEY MAY BE CHANGED FROM TIME TO TIME. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO YOU AND SUCH PERSON AND ENTITY TO ACT ON YOUR BEHALF, IF ANY.

In some cases, these TOS and separate terms of service, rules, policies or guidelines set out additional conditions that may apply to an Application, including, without limitation, the Apple iTunes Store Terms and Conditions, the Google Play Terms of Service , Google Business Play Terms of Service, Program and Policies and any applicable SNS terms and conditions (collectively, the "Additional Terms"). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise in its sole and absolute discretion.

1. LICENSE

(a) Grant of License. Subject to the terms and conditions of these TOS, the Privacy Policy and any Additional Terms (each of which are incorporated by this reference), the Company grants you a limited, non-exclusive, non-transferable, revocable right and license to: (i) download, install and use the Applications in question (excluding the source code) on your personal computer and/or mobile device, and (ii) access and use the Application through the SNS in question. The Company may terminate this license without notice in the event that you fail to comply with these TOS, the Privacy Policy or any Additional Terms. Upon expiration of the license, you must immediately stop accessing and using all Applications.

(b) Limitations. The license granted to you is subject to the following limitations. You must not or allow another person to: (i) in whole or in part, (1) modify or create any derivative work of the Company Materials (defined below), User Content or another user's Application, or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile or otherwise attempt to derive the source code, underlying ideas, algorithms, structure or organization of any Application;

(ii) modify, alter or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends on any other user's Company Materials, User Content or Application; (iii) sell, warrant or transfer reproductions of any Company Materials, User Content or another user's Application to other parties in any manner not expressly authorized herein; (iv) assign, rent, lease, distribute or license any other user's Company Materials, User Content or Application to any third party; (v) exploit any other user's Company Materials, User Content or Application or any part thereof for any commercial purpose; (vi) use any third party software to modify any Application;

(vii) use any Application to access, copy, transfer, transcode or retransmit content in violation of the intellectual property rights of any third party; or

(viii) create or maintain, under any circumstances, any unauthorized connections to any Application. All connections to the Applications may only be made through methods and means expressly approved by the Company. Under no circumstances will you connect to or create tools that allow you or others to connect to the proprietary interface or interfaces that are not expressly provided by the Company for public use.

(c) Additional Agreements. (i) You agree to use the Applications only in compliance with these TOS, the Privacy Policy, the Additional Terms and applicable rules, laws and regulations, including applicable tax laws. (ii) By accessing and using the Applications, you represent and warrant that you are not prohibited from receiving exports or services under the United States or other export laws applicable. (iii) You agree that by accessing and using the Applications, you may be exposed to content that you may find offensive, indecent or objectionable and that you access and use the Applications at your own risk. Failure to comply with the restrictions and limitations listed above and elsewhere in these Terms of Service will result in automatic termination (without notice) of the license granted hereunder and may subject you to civil and/or criminal liability.

2. IP OWNERSHIP

(a) Company Materials. The Company, its licensors and/or certain third parties (as applicable) retain exclusive rights, title and interest (including all intellectual property rights) in and to all materials that form part of the Applications (including past, present and future versions) (excluding User Content), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and brands; and service marks; any and all copyrighted material; the "look and feel"; the compilation, assembly and arrangement of materials for the Applications; and all other materials or content made available on the Applications (collectively, the "Company Materials") and such Company Materials are protected from unauthorized use, copying and dissemination by copyright,

(b) Trademark Notice. All words and logos in an application marked with the ™ or ® symbols are trademarks and service marks of the company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing in the Applications are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names such as "meta tags" for any purpose not expressly authorized in these Terms of Service is strictly prohibited.

(c) Application. The Company and/or its licensors retain exclusive rights, title and interest (including all intellectual property rights) in and to all Applications, copies thereof and all error corrections, bug fixes, patches, updates, derivative works , improvements, modifications. (whether made by the Company, its licensors, you or otherwise), any titles, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, locations, concepts, artwork, inventories of characters, structural or landscape designs, animations, sounds, musical compositions, audiovisual effects, storylines, character likenesses, methods of operation, moral rights, in-game currency, in-game accessories or incentive points, any related documentation, and "applets" embedded in Forms. The rights described in the preceding sentence are copyrighted works of the Company and/or its licensors and are protected by United States copyright laws, international copyright treaties and conventions, and/or other applicable laws. The Application may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any breach of these Terms of Service.

(d) Third parties. The Applications may be embedded in, and may themselves incorporate, software and other technology owned and controlled by third parties. Any third-party software or technology that is incorporated into the Applications falls within the scope of these TOS. Any and all other third-party software or technology that may be distributed along with the Applications will be subject to your express acceptance of a license agreement with that third-party. You acknowledge and agree that you will not enter into a contractual relationship with the Company with respect to such third party software or technology and that you will look solely to the applicable third party and not to the Company to enforce any of your rights.

(e) No additional rights. Only the licenses expressly set out in these Terms of Service are granted. No other license is granted under these Terms of Service, whether by implication, estoppel, course of conduct or otherwise. Nothing in these TOS is intended to transfer any right, title and interest (including all intellectual property rights) of the Company and/or its licensors to you or any third party. If you are inadvertently or erroneously owned or deemed the owner of such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agrees to sign all documents to implement and confirm the letter and intent of the foregoing.

(f) Game Items. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ONLY LICENSING THE RIGHTS TO ACCESS AND USE THE APPLICATIONS, AND BECAUSE THE COMPANY MUST OR HAVE LICENSED ALL COMPANY MATERIALS, APPLICATIONS AND OTHER CONTENT THAT DOES NOT APPEAR IN THE APPLICATIONS, THE COMPANY DOES ACKNOWLEDGE ANY OWNERSHIP CLAIMS OTHER THAN THE APPLICATIONS, OR THE SALE, GIFT OR TRADE IN THE "REAL WORLD" OF ANYTHING RELATED TO THE APPLICATIONS. SPECIFICALLY, WHILE YOU MAY PURCHASE, CREATE, DESIGN OR MODIFY VIRTUAL IN-GAME CURRENCY (e.g., COINS, CARDS, MONEY, TOKENS, POINTS, ETC.), IN-GAME ACCESSORIES, INCENTIVE POINTS OR OTHER GOODS OR SERVICES FOR USE IN THE APPLICATIONS (COLLECTIVELY, "VIRTUAL ITEMS"), YOU AGREE THAT YOU WILL NOT EARN ANY OWNERSHIP INTERESTS IN SUCH VIRTUAL ITEMS. PROPERLY IMPORTANT NOTICE: The Company does not recognize or condone any external service that may be used to exchange Virtual Items that you may accumulate as a result of accessing or using the Applications. This includes exchanging any virtual items on third-party services, including eBay™ or Yahoo! ™. We assume no responsibility for, and will not support, such transactions.

(g) ANY PURCHASES OF VIRTUAL ITEMS DO NOT ENTITLE YOU TO SERVICE IN THE EVENT THAT THE COMPANY STOPS OFFERING THE APPLICATIONS FOR ANY REASON, IS PURCHASED BY A THIRD PARTY OR FILES A BANKRUPTCY NOTICE IN ANY COURT.

3. ACCOUNT, FEES AND REFUNDS

Currently, you can access the Applications without establishing a user account ("Account"). We may, however, in the future require users of the Application to register and establish an Account. You must pay the applicable fee for each Application and any Virtual Items available. Where applicable and subject to applicable payment terms and conditions, you may order Virtual Items by visiting the In-App purchase page, providing your credit card, PayPal or other applicable billing method information. In addition to the foregoing, you acknowledge and agree that you will be solely responsible for and bear all telecommunications charges, including telephone charges, Internet connection charges and electricity charges, arising out of your access to and use of the Applications. Subject to technical issues and revisions to payment policies which may be instituted by the Company and partners at any time without notice, you may pay any applicable fees and other charges by primary credit card or other methods expressly authorized in writing by the Company and your partners. Any dispute that arises between you and any third party payment provider (including a credit card company) must be resolved directly between you and that third party provider. Under no circumstances will the Company be liable for any obligations incurred by you to such third party provider in connection with your access to and use of the Applications. You agree to indemnify, defend and hold harmless the Company, its licensors, affiliates, employees, officers and directors from all claims for liabilities, losses and expenses,

You have the right to stop accessing and using any Application at any time. You understand and agree that, except as otherwise expressly provided in this TOS, discontinuation of access to and use of the Applications is your sole right and remedy with respect to any dispute, including, but not limited to, any relating to or arising out of: (i) any term of this TOS or the Company's execution or application of this TOS, (ii) the Company Materials and other content available through the Applications, (iii) your ability to access and/or use the Applications, and/or (iv) ) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change in fees, applicable taxes, surcharges, or billing methods.

Without limiting any other remedies, we may limit, suspend, terminate, modify or delete your access to the Applications (or any part thereof) at any time if you are, or we suspect that you are, failing to comply with any of these Terms of Use, the Policy Privacy Policy or Additional Terms with or without notice. If the Company terminates your access to the Applications, you may lose your User ID, as well as any benefits, privileges, Virtual Items and User Content associated with the Application in question, and we are under no obligation to compensate you for such losses or results.

In addition, no online time or other credits will be provided to you or converted to cash or other form of reimbursement, and you will no longer have access to the relevant Applications (including all Virtual Items). In addition, you will not have the right to transfer, sell or assign any Virtual Items to anyone. Under no circumstances will the Company be responsible for storing any User Content and other information following suspension, termination, modification or deletion of your access to the Applications. We reserve the right to discontinue offering and/or supporting an Application at any time, at which time your license to access and use the specific Application will automatically terminate without further action. In such event, we will not be obligated to provide you with refunds, benefits or other compensation.

ALL FEES AND CHARGES YOU INCUR IN PURCHASING VIRTUAL ITEMS ARE NON-REFUNDABLE. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT OBLIGED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE ANY MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN WE STOP OFFERING AND/OR SUPPORTING ANY AVAILABLE APPS.

4. USER CONTENT

The Company does not solicit submissions, creative materials, ideas or suggestions other than those that the Company may specifically request. Any communications or materials you transmit to the Company via email or otherwise, including, without limitation, data, questions, feedback, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or chat or message posts will be treated as non-confidential and non-proprietary, except as otherwise described in the Privacy Policy. As part of an Application, the Company may invite you to participate in blogs, message boards, contests, sweepstakes, forums and other functionality and may provide you with the opportunity to create, submit, post, display, broadcast, perform, publish , distribute or transmit content and materials to the Company and/or to or through an Application, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively, excluding Materials of the Company not created by you, "User Content"). You agree that your User Content is entirely original to you and you exclusively own the rights to your User Content, including the right to grant all rights and licenses in these TOS without the Company incurring any obligations or liabilities of any third party. arising from your exercise of the rights granted herein by you. suggestions or personally identifiable information or other material (collectively, excluding Company Materials not created by you, "User Content"). You agree that your User Content is entirely original to you and you exclusively own the rights to your User Content, including the right to grant all rights and licenses in these TOS without the Company incurring any obligations or liabilities of any third party. arising from your exercise of the rights granted herein by you. suggestions or personally identifiable information or other material (collectively, excluding Company Materials not created by you, "User Content"). You agree that your User Content is entirely original to you and you exclusively own the rights to your User Content, including the right to grant all rights and licenses in these TOS without the Company incurring any obligations or liabilities of any third party. arising from your exercise of the rights granted herein by you.

You grant the Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully paid, royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform , transmit, publish, transmit, modify, delete, make derivative works, change the title, reformat, translate, archive, store, cache or otherwise exploit, all or any part of your User Content to which you have contributed , for any purpose, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or later developed and to advertise, market and promote the same. You also agree that the Company is free to use any ideas, information, concepts, know-how or techniques contained in any User Content that you submit to the Company for any purpose, including, without limitation, development, production, marketing and otherwise exploit products and/or services using such User Content, and without remuneration of any kind. Furthermore, you perpetually and irrevocably grant the Company the unconditional right to use and exploit your name, personality and likeness included in any User Content and in connection with any User Content, without any obligations to you. Except where prohibited by law, you waive any attribution rights and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or altered in a way that is not pleasing to you. . without limitation, develop, produce, market and otherwise exploit products and/or services using such User Content, and without remuneration of any kind. Furthermore, you perpetually and irrevocably grant the Company the unconditional right to use and exploit your name, personality and likeness included in any User Content and in connection with any User Content, without any obligations to you. Except where prohibited by law, you waive any attribution rights and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or altered in a way that is not pleasing to you. . without limitation, develop, produce, market and otherwise exploit products and/or services using such User Content, and without remuneration of any kind. Furthermore, you perpetually and irrevocably grant the Company the unconditional right to use and exploit your name, personality and likeness included in any User Content and in connection with any User Content, without any obligations to you. Except where prohibited by law, you waive any attribution rights and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or altered in a way that is not pleasing to you. . Furthermore, you perpetually and irrevocably grant the Company the unconditional right to use and exploit your name, personality and likeness included in any User Content and in connection with any User Content, without any obligations to you. Except where prohibited by law, you waive any attribution rights and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or altered in a way that is not pleasing to you. . Furthermore, you perpetually and irrevocably grant the Company the unconditional right to use and exploit your name, personality and likeness included in any User Content and in connection with any User Content, without any obligations to you. Except where prohibited by law, you waive any attribution rights and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or altered in a way that is not pleasing to you. The Company has no obligation to monitor or enforce its intellectual property rights in its User Content, but it has the right to protect and enforce its licensed rights to its User Content, including, without limitation, bringing and controlling actions in its name and on your behalf (at the expense and expense of the Company, to which you consent and irrevocably designate the Company as your proxy, with the power of substitution and delegations, the appointment of which is accompanied by interest). You also agree and understand that the Company is not obligated to use User Content and that you will not receive any further consideration or compensation for your User Content or any exploitation thereof. You acknowledge and agree that your communications with other users through any communication channel on an Application are public and not private, and that you have no expectation of privacy in connection with your access to and use of an Application. You acknowledge that personal information you communicate on an Application may be seen and used by others and result in unsolicited communications, therefore, we strongly recommend that you do not disclose any personal information about yourself in your public communications on an Application. You are solely responsible for these communications and their legality under all applicable laws and regulations. The Company is not responsible for the information you choose to communicate to other users in an Application or for the actions of other users.

5. ONLINE CONDUCT

You agree that you will be personally responsible for your access to and use of the Applications and for all your User Content and online activity in connection with the Applications, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, officers and directors of all claims for liabilities, losses and expenses, including reasonable attorneys' fees, of third parties arising from such use, User Content and activity. Specifically, you agree to comply with these TOS, all applicable laws, rules, and regulations governing the disclosure and use of third-party property, including, without limitation, any and all intellectual property rights. In addition, you agree not to engage in any of the following: (a) Post, broadcast, promote or distribute illegal content. (b) Harass, threaten abuse, denigrate, defame, slander, shame, or engage in any other disruptive behavior involving another user or affiliated company or employee or agent. (c) Transmit or facilitate the distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or, in the opinion of a reasonable person, objectionable. (d) Violate the intellectual property rights of the Company or third parties. (e) Change, delete or cancel any User Profile Information or User Content. (f) Interrupting the flow of chat in chat rooms with vulgar language, abusiveness, pressing the back key repeatedly or inserting large images so that the screen goes by too fast to read, use of excessive shouting, use of ALL CAPS in an attempt to disturb other users, "spamming", flooding or posting repetitive text. (g) Impersonate another person, imply that you are an employee or agent of the Company or affiliate, or attempt to mislead users by indicating that you represent the Company or any of its licensors or affiliates. (h) Attempt to obtain a user ID, password or other user information, or any other private information from a user. Company employees will NEVER ask for your password. DO NOT give your password, secret answers or billing information to anyone. (i) Upload any content that you do not own or have the right to freely distribute. (j) Engage in, promote or encourage any illegal or fraudulent activity, including hacking, cracking or distributing counterfeit software or identity theft. (k) Upload files or display URLs that contain viruses or corrupted data. (l) Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes. (m) Make any commercial use of the Applications, including use of the Applications as an internet dating service site, use in a cyber café, computer game center or any other location-based site without the express written consent of Company. (n) Misusing game support or claim buttons or making false reports to the Company. (o) Use or distribute "automatic" software programs, "macro" software programs, or other "cheat utility" software programs or applications. (p) Modify, reproduce, distribute, delete or create derivative works of the Applications, Company Materials or any User Content displayed therein, or any component thereof. (q) Attempt (or authorize, encourage or support the attempts of others) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Applications or any component thereof. (r) Solicit or attempt to solicit and post or communicate any personal information from the User. (s) Interfere with, hack into or decrypt any transmissions to or from the servers running the Applications. (t) Exploit any bug in any Application or any Company product to gain unfair advantage in a game or exploit it for commercial purposes. You agree not to report the existence of any bug (directly or through public posting) to any other user or third party. (u) Attempt to play any game on or through any service that is not controlled or authorized by the Company. You will not participate in any online service that provides online features or gameplay for a game not authorized by the Company. (v) Do anything that interferes with other users' ability to enjoy a game and use the Applications or that materially increases the Company's expense or difficulty in maintaining the Applications for the entertainment of all its users. (w) Sell, buy, gift or exchange Virtual Items for "real" money. (x) Copy, sell, assign, lease, license, or grant a warranty on the Applications or any part thereof (including Company Materials and Virtual Items). (y) Modify or remove any copyright, patent, confidentiality and other notices, labels or legends in the Applications. (z) Host, provide or develop matchmaking services for a game or intercept, emulate or redirect the communication protocols used by the Company or its licensors in any way, including, without limitation, through protocol emulation, tunneling, detection of packaging, modifying or adding components to a game, the use of a utility program, or any other techniques now known or later developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play using commercial or non-commercial gaming networks or as part of content aggregation networks. (aa) Attempt to obtain and maintain any unauthorized connections to an Application. All connections to a Game and/or Applications may be made only by methods and means expressly approved by the Company. Under no circumstances will you connect to or create tools that allow you or others to connect to a game's proprietary interface or interfaces that are not expressly provided by the Company for public use. (bb) Interfere or attempt to interfere with the proper functioning of the Applications or connect to or use the Applications in any way not expressly permitted by this TOS. (cc) Use the Applications in connection with any violation of any applicable laws, rules or regulations, or do anything that promotes the violation of any applicable laws, rules or regulations.

If you find another user violating any of the items described in the online conduct list above, please report them to www.loutam.com.

6. MODIFICATIONS

(a) Terms of Service. The Company may, from time to time, modify, amend or supplement these TOS and post such changes on the TOS page. Such modifications or supplements will be effective immediately upon posting to the Applications. You are responsible for periodically checking the Applications for changes to the TOS. If you do not agree to be bound by (or are unable to comply with) the Terms of Service as modified or supplemented, you agree that your sole remedy is to stop using the Applications. Your access to and continued use of any Application constitutes your agreement to be bound by the modified TOS.

(b) Changes. The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, "Changes") the Applications, whether temporarily or permanently, in whole or in part. Any change will be effective immediately upon notification, through posting on the Applications or these Terms of Service, or through any other method of notification that the Company deems appropriate. Any access to or use of the Applications after such notice of a Change constitutes your acceptance of such Change. Temporary interruptions in the availability of the Applications may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents or employees is responsible to you or any third party for any review, supplement, suspension, or discontinuation of the Applications and termination of any license. The Applications may include technical inaccuracies, typographical errors, or may allow you to access or download harmful or malicious code introduced to the Internet by third parties. The Applications are made available internationally and may contain references to products, programs and services of the Company/or its licensors that are not available in your location. These references do not imply that the Company or its licensors intend to make such products, programs or services available in your location. The Applications are made available internationally and may contain references to products, programs and services of the Company/or its licensors that are not available in your location. These references do not imply that the Company or its licensors intend to make such products, programs or services available in your location. The Applications are made available internationally and may contain references to products, programs and services of the Company/or its licensors that are not available in your location. These references do not imply that the Company or its licensors intend to make such products, programs or services available in your location.

(c) Applications. The Company and/or its licensors may deploy or provide patches, updates, upgrades, bug fixes, bug fixes, modifications and additional features or functions for any application that must be installed for you to continue accessing and using the application. The Company and/or its licensors may remotely update or update the Application, including without limitation the Application residing on your machine, without your knowledge or consent, and you grant the Company and its licensors your consent to deploy and apply such patches, updates, upgrades, bug fixes, bug fixes and modifications and additional features or functions to the Applications. The Company is under no obligation to make any subsequent versions of the Applications available to you. You may have to sign into a renewed version of these TOS, in case you want to download it,

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATIONS AND THE INTERNET IS AT YOUR OWN RISK. THE APPLICATIONS, THIRD PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE APPLICATIONS COMMERCIALLY REASONABLE AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATIONS AT THE TIMES OR LOCATIONS OF YOUR CHOICE, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATIONS IN THE WHOLE OR IN ANY PARTICULAR GEOGRAPHIC AREA.

8. LIMITATIONS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE APPLICATIONS. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY, ITS LICENSORS OR THEIR AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON IN CONDUCT, COMMUNICATION OR CONTENT IN THE APPLICATIONS OR ACCESSING OR USE THEREOF. FURTHERMORE, IN NO EVENT SHALL THE LIABILITY OF THE COMPANY OR ITS LICENSORS, AFFILIATES, EMPLOYEES, DIRECTORS OR DIRECTORS (COLLECTIVELY, "COMPANY AFFILIATES") TO YOU EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR THE SUBJECT REQUEST. FURTHERMORE, IN NO EVENT SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) ARISING OUT OF YOUR ACCESS TO AND USE OF ANY APPLICATION, THE INTERNET OR FOR ANY OTHER CLAIM. ANY FORM OF ACCESS AND USE OR USE, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, CONTRACT, CLAIM, OR ANY OTHER LEGAL THEORY AND IF THE COMPANY OR ANY AFFILIATE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY AND THE COMPANY AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT APPROVE,

9. LINKS TO OTHER SITES

For our user's convenience, an Application may provide certain links to websites provided by third parties. The Company is not responsible for the content of any other website linked to or from an Application. If you link to another website, you will exit the application in question and do so at your own risk. The Company provides links from an Application to other websites only as a convenience to you and should in no way be construed as a reference or endorsement of any content, sponsor or owner of any other website. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER EXPRESS OR IMPLIED TERMS AS TO ANY LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT ON A LINKED SITE.

10. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, employees, officers and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees and costs, of any third party arising out of: (a) any violation of these TOS, the Privacy Policy, the Additional Terms or any applicable rules, laws or regulations, whether or not mentioned herein, (b) in connection with your access to and use of the Applications, (c) violation of any rights of any third party, (d) use or misuse of the Applications, or (e) disclosure of communication through the Applications. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to provide indemnification to the Company in this matter. The obligations set forth herein will survive termination of these Terms of Use.

11. APPLICABLE LAW

The Applications are made available, operated and controlled by Fanda Entertainment in the USA. They can be accessed from many countries around the world. The laws of the State of New York, regardless of conflict of law provisions, will apply to all matters arising out of or in connection with the Applications and your use of accessing them. By accessing and using the Applications, you submit and consent to the exclusive jurisdiction of the state and federal courts located in the State of California with respect to any dispute or cause of action arising out of or in connection with these TOS, the Privacy Policy, Additional Terms and/or use of any Application. You are solely responsible for your interactions with other users of the Applications. If you have a dispute with one or more users of any Application, you release us (and its licensors, affiliates, employees, officers, directors, contractors, agents, third party suppliers, licensors and third party partners) from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in connection with such disputes. If you are a resident of California, you waive the rights granted to you under California Civil Code §1542.

12. INJUNCTIVE RELIEF

You acknowledge that the rights granted and the obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which will irreparably harm the Company and which cannot be replaced by monetary damages solely for the Company to be entitled to an injunction or other equitable compensation (without obligations to post any warranty or suretyship) in the event of any breach or breach anticipated by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).

13. CANCEL WHERE PROHIBITED

The information provided through the Applications is not intended for distribution or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material in the Applications is legal in all jurisdictions from which such content may be accessed or is available for use in all jurisdictions. If you access or use the Applications from a jurisdiction outside the State of California, you are responsible for compliance with all applicable local laws. THE APPLICATIONS ARE INTENDED FOR USE BY PERSONS OVER 13 YEARS OLD. BY ACCESSING AND USING ANY APPLICATION, YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER, AND THAT YOU AGREE AND ACCEPT ALL OF THESE TERMS AND CONDITIONS, THE PRIVACY POLICY AND ADDITIONAL TERMS. IN ADDITION, IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU REPRESENT AND WARRANT THAT YOU HAVE PERMISSION FROM YOUR PARENTS OR LEGAL GUARDIANS TO ACCESS AND USE THE APPLICATIONS. IF YOU ARE UNDER 13 OR BETWEEN 13 AND 18, BUT DO NOT HAVE PERMISSION FROM YOUR PARENTS OR LEGAL GUARDIANS TO ACCESS AND USE THE APPLICATIONS, THE COMPANY MAY IMMEDIATELY (WITHOUT NOTICE) TERMINATE THE LICENSE GRANTED HEREIN.

14. COMPLAINTS, NOTIFICATION AND CONTACT INFORMATION

The Company takes allegations of infringement of intellectual property rights and violation of rights of privacy or publicity very seriously. If you believe that any material that is or was in any Application infringes or has infringed any rights, including copyrights or trademarks, owned by you or an owner for whom you are authorized to act, please contact us at www.loutam.com.

15. PRIVACY POLICY

The Company is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy provided below sets out how the Company may use your personal data, traffic data and the content contained in your communications. If you object to the use of your information as set out in the Privacy Policy, your only recourse is to stop accessing and using the Applications.

16. NOTICE

If the Company decides, in its sole and absolute discretion, to notify a user of the cancellation of the licenses granted herein, revisions to the payment policies or any Changes, it may do so via email, telephone call, posting on the Applications or these Terms of Service, or any other method of notification that the Company deems appropriate. When the Company elects to give such notice, any access to or use of any Applications after delivery of such notice constitutes acceptance by you of the notified action.

17. RESTRICTIONS

Applications may be subject to international rules governing the export of software. You must comply with all international and national laws applicable to the Applications, as well as end-user, end-use, and destination restrictions issued by national governments. The Applications are controlled under ECCN 5D992.b.1 of the Export Administration Regulations ("EAR") in accordance with CCATS #G047973 and therefore cannot be exported or re-exported or downloaded by anyone in any controlled country for reasons counterterrorism under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. EAR 742.15(a), Title 15 of the Code of Federal Regulations. In addition, the Applications may not be exported or re-exported or downloaded by any person or entity subject to US sanctions, regardless of location. The Company is making the Application available for download only on the condition that you certify that you are not that person or entity and that the download does not violate US export control and sanctions regulations. The Applications and related documentation are "commercial computer software" and "commercial computer software documentation", respectively, as such terms are used in Section 12.212 of the United States Federal Acquisition Regulations. Any use, duplication or disclosure of the Applications or related documentation by or on behalf of the United States Government is subject to the restrictions set forth in these Terms of Service. respectively, as such terms are used in Section 12.212 of the United States Federal Acquisition Regulations. Any use, duplication or disclosure of the Applications or related documentation by or on behalf of the United States Government is subject to the restrictions set forth in these Terms of Service. respectively, as such terms are used in Section 12.212 of the United States Federal Acquisition Regulations. Any use, duplication or disclosure of the Applications or related documentation by or on behalf of the United States Government is subject to the restrictions set forth in these Terms of Service.

18. MISCELLANEOUS

If any provision of these TOS is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as closely as possible the original intent under applicable law, and the remainder of the TOS will remain in full force and effect. The TOS, Privacy Policy and Additional Terms (if applicable) constitute the entire agreement between the parties with respect to the subject matter herein and supersedes and supersedes all prior or contemporaneous understandings or agreements, written or oral, with respect to such subject matter. . Nothing in the preceding sentence shall exclude or restrict your liability arising from fraud or fraudulent misrepresentation. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the Company. A party's failure to assert any right under these Terms of Service will not be considered a waiver of that party's right and will remain in full force and effect. In addition, the TOS, any Additional Terms and the Privacy Policy, including the Company's application of these policies, are not intended to, and do not, confer any rights or remedies on any person. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English version will prevail. You are not permitted to assign the TOS or any rights described herein. The Company is permitted, in its sole discretion, to assign the Terms of Service or any rights described herein to third parties without notice. any Additional Terms and the Privacy Policy, including the Company's application of such policies, are not intended to, and do not, confer any rights or remedies on any person. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English version will prevail. You are not permitted to assign the TOS or any rights described herein. The Company is permitted, in its sole discretion, to assign the Terms of Service or any rights described herein to third parties without notice. any Additional Terms and the Privacy Policy, including the Company's application of such policies, are not intended to, and do not, confer any rights or remedies on any person. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English version will prevail. You are not permitted to assign the TOS or any rights described herein. The Company is permitted, in its sole discretion, to assign the Terms of Service or any rights described herein to third parties without notice. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English version will prevail. You are not permitted to assign the TOS or any rights described herein. The Company is permitted, in its sole discretion, to assign the Terms of Service or any rights described herein to third parties without notice. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English version will prevail. You are not permitted to assign the TOS or any rights described herein. The Company is permitted, in its sole discretion, to assign the Terms of Service or any rights described herein to third parties without notice.

If you have questions, complaints or comments about these TOS, or have other questions or suggestions about the Applications, please contact us by email at www.loutam.com.