Welcome to Cash Journey (the “Game”). We, Funtopia Ltd.  with principal office at 5F-6, No. 210 Gongyequ 38th Rd., Xitun Dist., Taichung 407277, Taiwan R.O.C., operate the Game. These Terms of Service (“Terms”) govern your use of the Game and any services we may provide relating to the Game, such as multiplayer features, community forums and blogs (collectively, our “Services”). When we refer to our Services in these Terms, we also mean any part or component of our Services.
 
You must be at least of the age of majority in your jurisdiction to use our Services. By clicking “I agree” or otherwise signifying your acceptance of these Terms, or by accessing or using our Services, you represent that you are not a minor in the jurisdiction in which you are located and agree to be bound by and comply with these Terms. If you do not agree to these Terms, please do not use our Services.
 
If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use any other part of the Service, and must refrain from using it.
 
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
 
1. Limited Right to use Our Services
Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive and non-transferable right to use our Services solely for your personal, non-commercial recreational purposes.
 
To use the Service, you must have a mobile device that is compatible with the Service. We do not warrant that the Game will be compatible with your mobile device.
 
You may not: (i) modify, disassemble, decompile or reverse engineer the Service; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party or use the Service to provide time sharing or similar services for any third party; (iii) make any copies of the Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; or (v) delete the copyright and other proprietary rights notices on the Service. You acknowledge that we may from time to time issue upgraded versions of the Service, and may automatically electronically upgrade the version of the Service that you are using on your mobile device, but that we have no obligation to do so. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Service or any copy thereof, and we and our third party licensors or suppliers retain all right, title, and interest in and to the Service (and any copy of the Service). Standard carrier data charges may apply to your use of the Service.
 
The Service may contain links to third-party websites or resources that are not owned or controlled by us. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. We do not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement byus of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
 
2. Intellectual Property
Our Services include content, information and other materials, including but not limited to text, images, pictures, trademarks, logos, visual interfaces, illustrations, designs, compilations, articles, advertisements, information, software, computer code, services, information, data, audio clips, video clips and the selection and arrangement thereof (collectively, “Content”). As between you and us, we own or license all Content available through our Services (“Our Content”), it being understood that we do not own personal data and you or your licensors own your User Content (as defined below). All of Our Content is protected by applicable intellectual property, copyright, trademark and proprietary rights and laws. You must remove any proprietary, copyright or other applicable notices from any of Our Content, and agree to abide by any additional copyright notices or restrictions contained in any of Our Content. Our Content forms a part of our Services, so you may only use Our Content for your personal, non-commercial recreational purposes and in compliance with these Terms. We retain any and all rights in Our Content that are not expressly granted to you in these Terms, and you agree you do not receive any such rights under any legal theory such as estoppel or by implication. You must not modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without our explicit, prior written permission; use, display, mirror or frame the Service, or any individual element within the Service; use our intellectual property, or from any of our licensor, to adapt, modify or create derivative works based on such intellectual property; rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or use or reproduce any of our licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
 
We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent applicable local laws, respects the intellectual property of others, and we ask our users to do the same. If you think someone else has copied your content without your permission and in a manner that violates the law, please contact us using the contact details as the following:
 
By Mail:
Funtopia Ltd.
5F-6, No. 210 Gongyequ 38th Rd., Xitun Dist., Taichung 407277, Taiwan R.O.C.)
 
By Email: (reserved)
In your email to us, you have to: (i) identify the copyrighted work you claim has been infringed; (ii) identify the content on our Services that you claim should be removed because it infringes copyright, including where we can find it; (iii) provide your contact information, including your address and telephone number; (iv) state that you have a good faith belief that use of the content is not authorized by the copyright owner, its agent, or the law; (v) state that the information in your email is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (vi) include your name at the end of the email, which acts as your digital electronic signature. 
 
Our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and similar or equivalent local laws that may apply. We reserve the right to terminate without notice any user's access to the Services if that user is determined by us, in its sole discretion, to be a “repeat infringer”. We do not have to notify the player before we do this. In addition, we accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials as long as we approve that such technical measures don't produce any cyber security threat.
 
3. Rules regarding Use of our Services
 
A. No Minors
You may only use our Services if you are at least the age of majority in your jurisdiction. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your account and the loss of all Virtual Items (each as defined below) accumulated through your use of the Service.
 
B. Account
You have to register for an account to play the Game. You are solely responsible for all activities that take place through or in connection with your account. You must keep your account credentials confidential and not sell, rent, lend, transfer or otherwise let anyone else use your account. If you know or suspect that someone else used your account, you must tell us immediately using the contact details at the end of these Terms.
 
If you do not use your account by logging in using the Service at least once every 30 days, your account will be deemed inactive. You can, at any time, reactivate your account by logging in and using the Service. When an account has been deemed inactive, We may, at our own discretion, expire any Virtual Items accumulated by you. Once your account is deemed inactive, any Virtual Items which have been purchased but not yet redeemed may also be expired at the discretion of us.
 
C. User Content
If you upload through your account, share, distribute or transfer via our Services, or otherwise provide to us (collectively, “Upload”) any Content (your “User Content”), you grant us a royalty-free, unconditional, irrevocable, non-exclusive, transferable, perpetual and worldwide right and license to access, host, store, transmit, copy, display, modify, make derivative works of, publish, exploit and otherwise use for any purpose (collectively, “Use”), and to authorize others to Use, your User Content, and any portion thereof, in any format and on any existing or future platform without any restriction or any compensation to you. You waive any moral rights and rights of publicity and privacy you may have in your User Content to the fullest extent permitted by applicable laws. You agree that you have all necessary rights, permissions and authority to Upload your User Content and grant the rights that you grant in these Terms. We may, but are not obliged to, use your User Content in any way at our sole discretion, including but not limited to pre-screening it before displaying it in our Services and removing it from our Services for any reason. You hereby agree that, to the maximum extent permitted by applicable law, we shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. We do not assume any responsibility or liability for your User Content. Our display of your or third parties’ User Content shall not be interpreted as us endorsing or approving any of the information you may obtain from such User Content.
 
We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. WE ARE NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS.
 
We may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by us, and these communications should not be considered reviewed or approved by us. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that We will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
 
We welcome and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”).
 
You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of us and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
 
D. Virtual Items
When using our Services, we may give you limited, personal and revocable permission to access or use certain “Virtual Items”, including but not limited to virtual in-Game items, virtual currency, coins, points, stamps, tokens, progressions, achievements, downloadable content, or access to additional features, characters, levels, mini-games, or other Content. In some cases, you may access or use Virtual Items free of charge and in other cases you have to fulfil certain conditions, such as by taking certain actions with the Game or paying real-world currency. If you pay real-world currency through the Apple iTunes Store or the Google Play store, you agree to pay all fees and taxes incurred by your account and to provide accurate and complete and accurate payment information to the relevant platform (e.g., Apple or Google). You understand and acknowledge that your payment will be subject to the applicable payment policy of the relevant platform. You do not in fact “own” the Virtual Items and the amounts of any Virtual Items do not refer to any credit balance of real points or its equivalent.
 
Virtual Items form part of our Services and you must use them in compliance with these Terms. We reserve the right to change the pricing of any paid Virtual Items at any time in our sole discretion. Any Virtual Items you may have already paid for at the time the change takes effect will not be affected by any such change. Payments for Virtual Items are non-refundable. Virtual Items are of no monetary value and cannot be sold, transferred, or redeemed for cash or anything of value. We prohibit and do not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service.  Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination. All Virtual Items will be deleted or removed from your account upon the termination of your account, without the possibility of you retrieving or recovering them, or obtaining refund for them. Virtual Items form a part of our Services and are subject to the termination provisions further below. We reserve the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that we shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. We may replace such lost Virtual Items at our sole discretion on a case-by-case basis, without incurring any further obligation or liability.  Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from us.
 
E. Rules of Conduct
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, us or other users, and that you shall not act in bad faith in your use of the Service. If we determine that you do act in bad faith in violation of these Terms, or if we determine that your actions fall outside of reasonable community standards, we may, at its sole discretion, make adjustments to the number of Virtual Items associated with your account, terminate your account and/or prohibit you from using the Service. By way of example, you must not, or attempt to, or help anyone else, do any of the following:

• Use our Services in a manner that violates any applicable law or regulation or third-party intellectual property right.
• Use our Services for any business, commercial or political purpose or any purpose to which we object at our sole discretion.
• Use our Services from any geographic location to which we have decided not to provide our Services, at our sole discretion.
• Make unauthorized copies of, reverse engineer, translate, modify, adapt, disassemble, decompile or create any derivative works of our Services; or determine any source code, algorithms, methods or techniques embodied in our Services.
• Distribute, license, transfer, sell, or resell, in whole or in part, any of our Services or any derivative works thereof.
• Upload any User Content or otherwise transmit Content including but not limited to that:
• Violates applicable law;
• Infringes a third party’s intellectual property rights;
• Includes any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "chain letters," "spam," "pyramid schemes," or any other prohibited form of solicitation;
• Includes malicious or technologically harmful Content, including files that contain viruses, worms, Trojans, logic bombs, or other material, or material that restricts or prevents others from accessing or using our Services, or material that prevents our Services from working as intended;
• Includes any personal or private information of any third party without their consent, or any other information that infringes others’ privacy rights;
• Is offensive, pornographic, sexually explicit, obscene, inflammatory, hateful, racist, discriminatory, threatening, or defamatory of any person, or otherwise deemed objectionable by us at our sole discretion;
• Includes material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities, or self-harm; or
• Is intended to, or would reasonably, harass, harm, bully, troll, hurt, scare, distress, embarrass, provoke, upset, or antagonize another person.
• Interfere with the proper working of our Services; probe, scan or test the vulnerability of our Services; breach the security or authentication measures on our Services; monitor data or traffic on our Services; or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Services, such as a denial of service attack.
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of our Services;
• Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any of Your Content emanates from us or another person or entity.
• Access or use another user’s account on our Services.
• Access or use an account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without our permission;
• Access, tamper with, or use non-public areas of the Service, our computer systems, or the computer systems of our providers and partners;
• Intimidate or harass another, or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Transfer your account on our Services to a third party.
• Incorporate our Services into any other program or product.
• Trade, sell, transfer or duplicate Virtual Items in or outside our Services without our express authorization.
• Engage in any actions that are designed to disrupt or undermine the fairness, integrity, legitimate operation or any other aspect of our Game or Services, such as by using any cheats, bugs, bots, errors, hacks, or design flaws.
• Engage in actions that disparage or malign or call into question our reputation, at our sole discretion.
• Violate these Terms or encourage or incite others to do the same.

Except where prohibited by law, all of our decisions regarding our Services and the administration of these Terms are final and binding.
 
4. Privacy
Please review our Privacy Statement https://www.funtopiagames.com/privacy which describes how we process your personal information and rights you may have under applicable data privacy and protection laws. Unless applicable law requires consent for data processing activities to be specifically obtained, you agree by using our Services to our collection, use and disclosure of your personal information in accordance with our Privacy Statement.
 
5. Termination; Updates and Interruptions
We may temporarily or permanently suspend or terminate your account or restrict your access to parts or all of our Services with or without notice at any time for any or without liability or no reason at our sole discretion including: 

• If we reasonably believe you violate or will violate these Terms or any applicable laws; 
• To comply with lawful requests by law enforcement or other government entities;
• As a result of unexpected technical or security issues or problems;
• Because it is no longer commercially feasible for us to provide our Services; or
• If your account has been inactive for an extended period and you have not responded to our requests to confirm whether you wish to continue to receive our Services.

If we terminate your account or your access to our Services, the grant in Section 1 of these Terms also terminates and you must stop using our Services. If for some reason you are able to continue to use our Services, such use will continue to be subject to Section 2 and onward of these Terms. Any provision of these Terms which contemplates performance or observance subsequent to termination or expiration of these Terms shall survive termination or expiration of these Terms, including Section 2 and Sections 5 and onward.
 
Upon any such termination, your access to the Service, including all User Content (as defined above) and Virtual Items, will be disabled and you will lose any Virtual Items that you have accumulated. We shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your account at any time by discontinuing your use of the Service. We are in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items you have accumulated.
 
From time to time, we may (but are not required to) provide updates (e.g., patches or new features) to our Services, with or without notice to you. In some of these cases, you may be required to download and install updates or the updated version of our Services to continue accessing or using them. You acknowledge that such updates may affect your access to certain features of our Services, the necessary system specifications required to access our Services, your progress and achievements on our Services, and your Virtual Items; and you agree that we shall not be liable for any such impact. You understand and agree that you are solely responsible for obtaining and maintaining any necessary equipment to access or use our Services.
 
You acknowledge that our Services or any part thereof may be interrupted for maintenance or reasons beyond our control. We make no guarantee that our Services will not be interrupted, and we shall not be liable for any interruption of our Services or any performance delay or failure, regardless of their cause.
 
6. Disclaimers; Limitation of Liability; Indemnification
Some laws of some jurisdictions do not allow us to disclaim or exclude certain types of liability or dispute resolution mechanisms by contract and therefore some of the clauses below may not apply to you. These Terms are not intended to impact any rights that local laws provide to you and which cannot be diminished or waived by contract.
 
A. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING THOSE THAT ARE EXPRESS, IMPLIED OR STATUTORY IN NATURE, REGARDING OUR SERVICES. FOR EXAMPLE, WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE PROVIDE OUR SERVICES “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND.
 
YOU USE OUR SERVICES AT YOUR SOLE RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA, ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND SYSTEMS), AND ANY DAMAGE TO YOUR GOODWILL OR BUSINESS REPUTATION THAT RESULTS FROM USE OF OUR SERVICES.
 
B. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR SUPPLIERS, INCLUDING ANY OF OUR OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES, (COLLECTIVELY, “FUNTOPIA PARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, TORT, OR OTHERWISE, OR FOR DAMAGES RELATED TO DELAY, LOSS OF GOODWILL, LOSS OF BUSINESS REPUTATION, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE OUR SERVICES, EVEN IF ANY FUNTOPIA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR DAMAGES OR LOSSES SUFFERED BY YOU UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE LESSER OF: (I) ANY MONEY THAT YOU PAID AND WE RECEIVED FOR ANY VIRTUAL ITEMS WITHIN THE PAST 6 MONTHS; AND (II) USD $100.
 
C. Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FUNTOPIA PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THESE TERMS BY YOU AND ANY ACTION OR OMISSION COMMITTED BY YOU RELATED TO YOUR USE OF OUR SERVICES. FUNTOPIA PARTIES MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AT THEIR OWN EXPENSE, IN WHICH CASE YOU AGREE TO PROVIDE SUCH FUNTOPIA PARTIES WITH ALL REASONABLY REQUESTED ASSISTANCE, INFORMATION AND COOPERATION AT YOUR OWN EXPENSE.
 
D. ARBITRATION AND CLASS ACTION WAIVER
This Section 6(D) includes an agreement to arbitrate and an agreement that all such claims will be brought in arbitration only in your individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt-out procedure described below.

• Informal Process First. You agree that in the event of any dispute between you and us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. This is a condition precedent to proceeding in arbitration.
• Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of our Services, or relating in any way to the communications between you and us or any other user of our Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and us. However, this arbitration agreement does not: (i) govern any Claim by us for infringement of our intellectual property or access to our Services that is unauthorized or exceeds authorization granted in these Terms; (ii) govern any Claim by us for equitable relief; or (iii) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within 30 days of the date you first access our Services. You agree that THE ARBITRATION LAW of ROC governs the interpretation and enforcement of this provision, and that you and us are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms. If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to: [email protected] or Funtopia Ltd., 5F-6, No. 210 Gongyequ 38th Rd., Xitun Dist., Taichung 407277, Taiwan R.O.C. The arbitration will be administered by the Chinese Arbitration Association, Taipei (CAA) under its rules including, if you are an individual, The Rules on Arbitration Institution, Mediation Procedures and Fees. The CAA's rules are available at arbitration.org.tw or by calling 886-227078672. Payment of all filing, administration and arbitrator fee s will be governed by the CAA's rules. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
• Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”) except that an individual may seek in the arbitration public injunctive relief, and the CAA may include such relief in the award, where applicable. The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration. If for any reason a claim proceeds in court rather than in arbitration, you and us each waive any right to a jury trial.

7. Changes to these Terms
We may, at our sole discretion, modify these Terms at any time. Any such modification shall become effective when published on our Services and, if required by applicable law, communicated to you in an appropriate manner.  Your continued use of our Services after any such modification has taken effect signifies your consent to the modified Terms. Please check the version of these Terms available on our Services regularly to determine what rights and obligations you have hereunder.  If you cannot or do not agree to abide by these Terms or any modification thereto that has taken effect, you must stop using our Services.
 
Miscellaneous
A. Governing Law
The laws of Taiwan R.O.C. that apply therein shall govern these Terms, without regard to their conflict of laws rules.
 
B. Severability
If a court or other governmental authority decides that one or more of these Terms are void, invalid or otherwise unenforceable, you agree that the rest of the Terms will remain in effect. We do not waive any of our rights or remedies under these Terms even if we do not promptly address any violation by you of these Terms.
 
C. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to our Services and supersede all prior or contemporaneous agreements.
 
D. Transfers of these Terms
We may assign, delegate or otherwise transfer any of these Terms to another party without notice to you, to the extent permitted by applicable law. You may not assign, delegate, sublicense or otherwise transfer any of your rights or obligations hereunder to any third party without our prior written consent. Any attempt to assign, delegate, sublicense or transfer such rights or obligations without our prior written consent shall be null and void.
 
E. Interpretation
Words indicating the singular include the plural and vice-versa. Headings are for convenience only and do not affect interpretation of these Terms. Any words following the terms “including”, “include”, “in particular”, “for example”, “such as” or any similar expression are illustrative and do not limit the sense of the words preceding such expressions.
 
F. Notice for California Users
Under California Civil Code Section 1789.3, California users 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 North Market Blvd., Suite N 112, Sacramento, CA 95834, by telephone at (800) 952-5210.
 
G. Contact Us
Address: Funtopia Ltd., 5F-6, No. 210 Gongyequ 38th Rd., Xitun Dist., Taichung 407277, Taiwan R.O.C.
Email: [email protected]