First Fun Inc.

Terms of Service

← Back to Home

TERMS OF SERVICE

Effective Date: June, 2026

The terms of this agreement ("Terms of Service") govern the relationship between you and First Fun Inc. (hereinafter "First Fun Inc." or "us" or "we") regarding your use of First Fun Inc.'s games, websites and related services (the "Service"). Use of the Service is also governed by our Privacy Policy and other relevant policies, which are incorporated herein by reference.

Before accessing or using the Service, including browsing any First Fun Inc.'s website or accessing a game, you must agree to these Terms of Service and the Privacy Policy.

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

First Fun Inc. reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, the Privacy Policy and other relevant policies of us at any time by posting the amended terms on this website. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Privacy Policy, or any other policy of us, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

1. License

1.1. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies of us, First Fun Inc. grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the Service:

Login information and Your Account

Depending on the features available in the game, you may choose to link your email with address to the Services to prevent the loss of your game progress ("Login Information"). You shall not share the Account Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify First Fun Inc. and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

First Fun Inc. 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.

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

First Fun Inc. reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. First Fun Inc. reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

1.2. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, FIRST FUN INC. MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.

FIRST FUN INC. RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

First Fun Inc. reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, First Fun Inc. shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.

2. Ownership

2.1. Games and Service

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

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FIRST FUN INC.

2.3. Virtual Items

First Fun Inc. owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in First Fun Inc. games. 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 goods or currency appearing or originating in any of our games, whether earned in a game or purchased from us, or any other attributes associated with an Account or stored on the Service.

3. User Content

3.1. Submission of User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through ourgame client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by First Fun Inc. in accordance with its Privacy Policy.

First Fun Inc. assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or images, screenshots, or other content you submit, upload, transmit, or share through the Services.

First Fun Inc. reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time.

3.2. Information Use by Other Members of the Service

3.2.1. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. First Fun Inc. cannot guarantee that other members 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 and/or don't want others to use, do not post it on the Service. First Fun Inc. shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

3.2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. First Fun Inc. may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of First Fun Inc. violates these Terms of Service.

3.2.3. Your License to First Fun Inc.

You hereby grant to First Fun Inc. an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service.

3.3. User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or our games. First Fun Inc. reserves the right, but has no obligation, to become involved in any way with these disputes.

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

4. Fees and Purchase Terms

4.1. Purchases

In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", all for use in First Fun Inc. games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You are only allowed to purchase Virtual Items from us or our authorised partners through the Service, and not in any other way.

First Fun Inc. may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. First Fun Inc. shall have no liability to you or any third party in the event that First Fun Inc. exercises any such rights.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

4.2. Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. First Fun Inc. may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT FIRST FUN INC. IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. Updates to the Service

You understand that the Service is an evolving one. First Fun Inc. may require that you accept updates to the Service and to First Fun Inc.'s games you have installed on your device or computer. You acknowledge and agree that First Fun Inc. may update the Service and First Fun Inc. games, with or without notifying you.

6. Disclaimer of Warranties

WITHOUT LIMITING FIRST FUN INC.'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FIRST FUN INC. DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRST FUN INC. SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FIRST FUN INC. OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF FIRST FUN INC..

You agree to indemnify, defend and hold First Fun Inc. (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service.

8. Dispute Resolution and Law

8.1. Dispute Resolution and Arbitration Provision

If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and us agree that all Disputes, as defined below, between you and us will be settled by binding arbitration, unless otherwise provided herein.

This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in Section 8(e) below, or (3) to certain types of Disputes described in Section 8(e) below. Please read this provision carefully.

(a) Purpose and Disputes Covered

This Dispute Resolution and Arbitration Provision ("Provision") facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and us.

Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms of Service, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys' fees).

You have the right to opt-out of this Provision as described in Section 8(e) below. If this is the first time you have agreed to any version of these Terms of Service, and you opt out in accordance with Section 8(e) below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms of Service without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms of Service that you agreed to will govern.

For the purpose of these Terms of Service, including this Provision specifically, "Dispute" means any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" shall include any Dispute brought by any individual purporting to act on your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. "Dispute" is to be given the broadest possible meaning that will be enforced.

(b) Agreement to Arbitrate / Waiver of Right to Jury Trial

YOU AND FIRST FUN INC. EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND FIRST FUN INC. FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

You understand and agree that by entering into this agreement you and First Fun Inc. are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and First Fun Inc. might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

(c) Class Action Waiver

YOU AND FIRST FUN INC. AGREE THAT, UNLESS THE MASS ARBITRATION EXCEPTION SET FORTH IN SECTION 8(F) APPLIES, YOU AND FIRST FUN INC. MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS ("CLASS ACTION WAIVER"). YOU AND FIRST FUN INC. EACH AGREE THAT YOU AND FUNFLY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.

Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and First Fun Inc. specifically agree to do so following initiation of the arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim(s).

Notwithstanding any other provision of these Terms of Service or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.

If you choose to pursue your Dispute in court by opting out of this Provision, as specified in Section 8(e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.

(d) Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, and including Mass Arbitrations as defined herein, you must first give FUNFLY an opportunity to resolve the Dispute, and during such resolution process, both you and First Fun Inc. agree to participate in good faith. You must commence this process by providing written notification to:

That written notification must include (1) your name, (2) the address of your place of residence, (3) a written description of your claim, (4) identification of the Application or service at issue, (5) your numerical User ID for each Application or service at issue, (6) a description of the Dispute, which must identify any Application or service used by you, the dates of the events giving rise to the Dispute, and the specific facts underlying your Dispute; and (7) the specific relief you seek, including the amount of any monetary demand. If First Fun Inc. does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

(e) Exclusions from Arbitration/Right to Opt Out

For Users who are residents of the United States only: Notwithstanding the above, you or First Fun Inc. may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE FIRST FUN INC. WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Arbitration Opt-Out Notice").

To opt-out of these arbitration procedures, you must provide written notification to: 3945 Freedom Cir Ste 770 Santa Clara, CA 95054-1273

Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each Application at issue; and (4) a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with First Fun Inc.. If you do not provide us with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms of Service, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clause (i) above.

Additionally, notwithstanding the above, You and First Fun Inc. reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.

(f) Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above ("Pre-Arbitration Claim Resolution"), either you or First Fun Inc. may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, JAMS, www.jamsadr.com, 1-800-352-5267, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and First Fun Inc. agree in writing, the arbitrator shall have no authority to consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 8(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver. Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms of Service, including Section 8 specifically.

You and First Fun Inc. agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that You and First Fun Inc. agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms of Service concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – The seat of the arbitration shall be San Francisco, California, but, unless contrary to law, both You and First Fun Inc. shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, First Fun Inc. will pay the cost of the arbitrator's travel. For any user who lives more than 50 miles from the location of the arbitration, First Fun Inc. will pay the user's reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person.

Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator's costs and expenses. Unless otherwise provided herein, you are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.

(g) Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

(h) Continuation

This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.

8.2. Governing Law and Venue

To the extent these Terms of Service allow you or First Fun Inc. to initiate litigation in a court, other than for small claims court actions, you and First Fun Inc. agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and First Fun Inc. each hereby waives any objection to jurisdiction and venue in such courts.

Except as provided in the "Dispute Resolution and Arbitration Provision" (above), these Terms of Service, your use of the Service, and all Disputes, claims, or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms of Service, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this Section does not apply to you.

9. Severability

You and First Fun Inc. agree that if any portion of these Terms of Service or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

10. General Provisions

10.1. Assignment

First Fun Inc. may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without First Fun Inc.'s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

10.2. Supplemental Policies

First Fun Inc. may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

10.3. Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and First Fun Inc., and supersede all prior understandings of the parties hereto relating to the subject matter hereof.

10.4. No Waiver

The failure of First Fun Inc. to require or enforce strict performance by you of any provision of these Terms of Service or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of First Fun Inc.'s right to assert or rely upon any such provision or right in that or any other instance.

10.5. Notices

We may notify you via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the Privacy Policy shall be in writing and addressed to First Fun Inc.

10.6. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to First Fun Inc. are of a unique and irreplaceable nature, the loss of which shall irreparably harm First Fun Inc. and which cannot be replaced by monetary damages alone so that First Fun Inc. shall be entitled to injunctive or other equitable relief.

10.7. Force Majeure

First Fun Inc. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of First Fun Inc., including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond First Fun Inc.'s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.