Terms & Conditions

General

This Website is an Online Skill Game service site operated by After Midnight Enterprises ApS, Søren Frichs Vej 22, 8000 Aarhus C ("Site Operator"). Please carefully read, understand and agree to these Terms and Conditions prior to becoming a subscriber to the service that fungames.cool ("FG") offers, as they constitute a binding legal agreement (the "Agreement") by and between the Site Operator and any person who choose to become a member (the "Subscriber") of the site and agree to the Terms and Conditions.

FG enables the Subscriber to play online skill games and win great prizes. The Site Operator expects he/she, and all other members of the Services, take responsibility in using the Internet with courtesy and responsibility, to become familiar with the site and to practice good Internet conduct.

By signing up to a paid trial subscription on FG, the member accept this agreement by any legally recognizable means and hereby acknowledge that he/she will be irrevocably agreeing to all the terms, conditions, obligations, warranties, and other provisions set forth in this agreement.

Game instructions, articles or other information posted on our website, such as the "How to" section, these sections are functions offered to members as an information service. FG shall not be liable or responsible for any action taken by a member on our website or the action of any other person who may have read or been informed of terms and conditions.

The original text of the Terms and Conditions is in English and any interpretation of them will be based on the original English text. If the Terms of Use or any documents or notices related to them are translated into any other language, the original English version will prevail.

Eligibility

Access to the site is expressly prohibited to those who are under the age of 18. Subscriber hereby warrants and represents that he/she is at least eighteen (18) years of age and has the legal capacity to enter into agreements of this nature.

Parents or Legal guardians are recommended to control and supervise web access, and the sites visited by children to avoid access to content and/or published information that could be damaging to their proper development.

The site of FG requires that all users must be of legal age.

Considering the real impossibility of controlling the age of users who enter our site of FG, in the case of any false information given by a child under 18 or the legal age in the country concerned, shall be the sole responsibility of the user and their parents or their legal guardians.

All users must have a physical address in the country where FG offer its services, please see the tab “Contact” for further information.

FG employees and their family members are not eligible to participate.

Registration

Members must not provide false information. Accounts are non-transferable.

When members sign up, the email address used for the registration will automatically be used as the username to login. Therefore, please make sure that the right email address is typed in correctly. The welcome email will also be sent to this address. It is solely the responsibility of the member to ensure that their password is kept confidential. In all cases, the member shall be liable for all activities that are undertaken using their account.

Each member is distinguished from other members by a unique nickname that is automatically generated and used for the competitions.

The member who subscribed is the only person allowed to participate in any of the games, change or view any personal data, receive welcome bonus and/or prizes. Any misuse of the account may result in the member getting banned from participation.

Playing

FG is all about skills, brains and quick responses. All competitions on the site are based either on members achieving the best score over the certain time or solving the game in the shortest time possible.

Every day, paying members can play competitions as many times as they like to improve their best time.

Members will always be able to see their rank in a specific competition to know how much is needed to get into the qualifying placements for the chosen products.

At every ended competition, the best player wins the product. The specific product is shown on the competition's page.

Different competitions might have different games available for members to play. Each game can have different goals to achieve, however, all of them will challenge members skills and knowledge.

A member can win up to 3 competitions in a 30 day period.

Promotional and Special Offers

If members choose to sign up for a paid trial subscription, the trial period will automatically be renewed upon expiration unless the subscription is cancelled within the trial period.

The standard trial period of FG varies depending on the type of promotion offered on the site. Members should always check the specific promotion they are about to sign up to for full information about the offer.

As soon as members have signed up for a paid trial subscription, they will get full access to FG as a trial Subscriber. The subscription starts automatically when the trial period ends. Members can start to play all the competitions within the trial period. However to receive any prizes he/she may win during the trial period, they will need to continue the subscription for at least one month. Promotional offers including a welcome bonus can be received only once per household, credit card, IP address and physical person until stock last. In other words, a physical person can only receive one of the welcome bonuses displayed in the promotional offers of FG. In the case of sharing connection such as university, library, flat sharing or free spot, it will be considered as fraud and the subscription will automatically be cancelled. When signing up to a promotional offer, members do not have the option to ask for a bonus displayed in a different promotional offer.

In case FG runs out of stock of a particular advertised product, the same product in a different color or a similar product will be sent to the member.

In order to receive the welcome bonus, members will have to:

• Login to FG and fill out his/hers address. FG will hereafter send a postal letter with a PIN code to the postal address. The subscriber will enter the PIN code on FG to prove that the address is correct.
• Will have to have at least 10 complete gameplays within the trial period. It will not matter whether it is 10 times the same game or different games as long as the member has played 10 times
• Not cancel their trial period during the first 24 hours of the trial period

Once members have fulfilled these requirements, the welcome bonus will be shipped to them at the earliest possible time.

Please note that FG cannot be held responsible in case of late delivery. In case of not receiving the product, it needs to be claimed within 45 days after the shipment date.

Please consult "Return Policy" in case the welcome bonus is defective.

In case the welcome bonus has to be sent back to FG by the member, shipping fees will be the responsibility of the member. Requests for refunds for shipping fees will not be considered.

The prizes or welcome bonuses cannot be exchanged for the cash equivalent in any circumstances.

Subscription

Monthly subscriptions will automatically be renewed upon expiration. If we receive the cancellation request after the renewal, the subscription will remain active until the expire date of the current subscription period.

The Site Operator starts charging members for the monthly subscription fee and any applicable taxes and fees associated therewith, the day that the trial period expires unless the member has cancelled the subscription correctly in accordance with the above conditions. When a person register to become a member on FG they have to fill out information about the payment method such as the credit card that they want to use. The payment method may be authorized for a charge up to approximately one month of service as soon as he/she registers. In some cases, if the available balance or credit limit does not cover the full subscription, the access to the FG will be cancelled to reflect the accessible charge.

In case members cancel their subscription, the account will stay active in the remaining subscription period. However, if members win any games ending after the subscription has expired, members are not eligible to receive the prizes.

New members to FG are enrolled into our membership with a flat fee per month. Please see pricing per country here:

Members can always cancel the subscription by emailing to help@fungames.cool or by calling our support team from 11AM until 7PM CET during weekdays. Remember to include the email used for sign up, name and address details. Members can also cancel their membership directly from their online Fun Games account.

Subscription fees will be charged for one month at a time. Subscription prices and benefits are subject to change without notice.

FG will deactivate access to the service as soon as the subscription expires, or in the case of non-payment.

In order to keep a subscription active and avoid an unintended deactivation of the member's subscription, credit card payments might be settled earlier than the exact renewal date of the ongoing subscription period. This will of course not shorten the original subscription period.

Shipping of prizes

We aim to ship the products to you as soon as possible but please allow up to 4 weeks depending on stock availability. If you have any query concerning the receipt of a prize you have won, please contact our support team help@fungames.cool

Refund policy

In order to receive a refund of the last payment, users must email help@fungames.cool or contact us by phone +11 22 3333 4444 within the first 30 days after renewal date.

Users may only be entitled to a subscription fee refund if they have not used their membership’s benefits.

Please note that the fee of the trial period is non-refundable.

When a refund has been made your subscription will be cancelled automatically and therefore you will no longer have access to fungames.cool nor will you be eligible to receive a welcome bonus.

If you entered any competition that will end after we have given a refund, you will no longer be entitled to receive the product in the competition.

If a chargeback has been done on a subscription fee, you are no longer entitled to any refund.

Please be informed that your bank might charge you for a currency exchange with your purchase. This currency exchange will not be entitled for a refund.

Methods of cancellation

Members can always cancel their subscription by sending an email to help@fungames.cool or by calling our customer service at +11 22 3333 4444. Please specify the email address, name and address you used during your registration.

Members can also cancel their subscription directly through their Fun Games account under the section "My Account"/"Cancel my subscription".

Terms of use of the account

Members must take full responsibility of the equipment necessary to navigate on FG (e.g. computer, software, telecommunication systems etc.). Equivalently, the cost incurred by using said equipment lies with our members.

By uploading or typing content on FG if such feature is available for the member, he/she acknowledge that he/she are in possession of all rights or have collected consent from all rightful owners of the uploaded or typed content. In case FG suffers any loss in connection with a member having uploaded or typed in content to which he did not have the rights to, FG reserves the right to seek compensation for this loss from members.

Intellectual property

Copyright laws protect all rights to immaterial property of FG such as brands, copyrights, texts, pictures and logos. Members are not allowed to use these rights both directly and indirectly by copying, reproducing or using part of the site without prior written permission from FG, as this will constitute a breach of the mentioned rights. Actions that violate FG's immaterial rights will be counteracted with an injunction from the tribunal without warning.

Modification/Deletion

FG reserves the right to delete/modify accounts, which have, according to the site, a behavior irreconcilable with its principles or with other members' interests.

The usage of any programs that could manipulate results in any of the competitions or having more than one person playing at the same time is strictly forbidden.

Members are only allowed to use FG for private use. It is thus strictly forbidden to use the site for professional, advertisement, and promotional or commercial purposes. It is also against the rules to use the site to spread content that could be construed as offensive to other members (based on race, sexual orientation, political or religious beliefs).

Exclusions

FG reserves the right to exclude a member, without warning, in the following cases:

• Service abuse
• Violation of the current terms and conditions
• Sharing information concerning other members' (e-mail address, postal address, telephone number, etc.)
• Illegal behavior, non-ethical, irresponsible or any other behavior that could be construed as harassment towards other members
• Accounts considered being fraudulent
• General inacceptable behavior as defined by the site

Any content considered as a direct violation with the law as well as cases of harassment will be reported to the relevant authorities, including the IP address of the member, time of creation and any other necessary information.

Privacy and respect to private life

By accepting these terms and conditions, he/she accept the privacy policy as described below. Members are recommended to read it carefully before accepting it. If he/she does not accept this privacy policy, they cannot create an account on FG.

Data collected during the account creation

When creating an account on FG, members may be receiving e-mails from FG under the following forms:

• E-mails: welcoming members on the website, informing members about the latest news on their account (new e-mail, new comment, new question, new member features and such), but also news concerning their ranking and how much is needed for him/her to place themselves within the top list to win products. We may also send members a new password in case he/she have forgotten it.
• Commercial offers: these can be either based on their interests or we can choose to send an offer to all of our members. They are exclusively sent from FG or partner websites.
• Updates: regarding FG, as well as information about cooperation's between FG and third parties.
• User surveys: asking members to participate to FG surveys (measuring member's expectations etc…)

In addition to the content mentioned above, e-mails sent by FG may also include contents (ultimately advertising) originating from third parties based on the interests indicated by FG members.

Members can cancel their consent to receive e-mails from FG at any time by clicking on the link located at the bottom of all e-mails or by contacting customer service at help@fungames.cool.

Terms of Payment

Payment on FG can only be made via credit cards or debit cards listed on our site, such as: Visa, MasterCard, Visa Electron, and American Express.

Payments are secured by an SSL encryption and FG has no access to their card details at any time as an external online payment service provider handles all information.

The card used must belong to the member, or the owner must have given the member permission to use the card. In case of fraud regarding the credit card used, FG cannot be held responsible. In case of dispute concerning the payment, members must immediately inform FG via customer service at help@fungames.cool

FG reserves the right to modify payment terms, prices as well as the content of offers and services. These changes take effect immediately for all new members. If FG should change subscription prices, existing customers will be notified 30 days prior to the change taking effect. All members that do not agree with this change must notify customer service or cancel their subscription within these 30 days.

Customer Service

You can contact our customer service by email help@fungames.cool and by phone at +11 22 3333 4444 during working days from 11AM until 7PM CET.

All customers who send an email to help@fungames.cool will automatically receive a reference number in the bottom of the email. This number confirms that the email has been received and will be attended to by our support staff. Please note that FG is not liable for unattended requests from customers who have lost their reference numbers or do not include their email address, name and address they used during registration.

Return Policy

FG grants members the right to return a product if it is damaged/defective on arrival or if the shipment contains the wrong product.

The return of a product is possible from the moment the member receives the product and until 30 days after they received the item. However, the member must inform FG of their intent to return the item within 14 days after receipt. If the member chooses to return a product, they must send the item back to the sender/courier indicating their email address used when registering.

Email requests for return of any products should be sent to help@fungames.cool.

Products, which have been used, are not eligible for return.

If a member does not want to send us the requested information, FG has the right to withhold the prizes until further notice. This policy is one of the conditions of participating on the fungames.cool, and allows FG providing the public with testimony of the games won by members.

Overdue Balance / Chargeback

Customers of FG who have an overdue balance or owe the website money in charges for membership or other fees must settle the debt in a timely manner or risk having their case handed over to a debt collector. In the event that a debt collector is involved, the overdue balance must be settled directly with the debt collector.

Accounts that do not settle overdue balances or unduly chargebacks within the allotted time, whereby allotted time is determined on a case-to-case basis, may be blacklisted and may also incur further fees. The member will pay any and all fees.

Disruptions in Service

Occasionally there may be service disruptions that are beyond FG's control. In such cases, ongoing games will be temporarily suspended and ranking will remain as before. Games will resume once technical errors have been resolved. FG reserves the right to change the date/time of a game's ending, if any unplanned disruptions occur.

Privacy Policy

Information Collection and Use

FG is the sole owner of the information collected on this site. Unless required to do so by law, we will not share, sell or distribute any of the information he/she provide to us without the members consent. Data provided through our secure payment gateway is solely provided to our third party payment partner and is regulated by the below paragraph. We will not store this data in any way.

Third Party Data Collection

The subscriber personal information may be passed on to third parties only if this is necessary to process a payment transaction or a business transaction with our partners. The above-mentioned third parties are always reputable businesses that strictly comply with applicable data protection regulations.

Registration

During registration a subscriber is required to provide us with their email address. After the registration, we recommend going to "My Account", and filling out the personal name and shipping address. The information provided to us will enable us to give he/she access to all parts of our website and to send he/she the goods or services he/she have been offered. It will also enable us to bill and to contact the member when necessary, which is why it is important to provide us with valid details. The information may also be used to administer, support, improve and develop our business.

This information may also be used to contact the member about FG services in which a member have expressed an interest. Members may revoke the consent at any point by cancelling their subscription.

Publicity

FG reserves the right to publish the name, region, and photograph of the winners. This policy is one of the conditions of participating on the Website, which allows FG providing the public with testimony of the games won by members.

As a winner of a game, members may be asked, depending on marketing needs, to provide a photo or video about the circumstances surrounding his/her win. The following rules apply to the photo or video:

• The face must be uncovered.
• He/she must hold the product he/she has won on the photo or video.

The information gathered may be used to write a press release sent to the media and may also appear in one of FG's commercials, including but not limited to, television and radio, as well as on the Website.

Legal Obligations

Under no circumstances, including, but not limited to, negligence, shall the Site Operator or any of its related or affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. Subscriber specifically acknowledges and agrees that the Site Operator is not liable for any defamatory, offensive or illegal conduct of any member, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of stored files or unauthorized access to a member account, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to the Site Operator for the preceding six (6) months.

THE SITE OPERATOR MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH USE OF FG. SUBSCRIBER'S USE OF FG IS AT HIS/HER/ITS OWN RISK. NEITHER THE SITE OPERATOR, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SOFTWARE, SERVERS OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF FG OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH FG.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Indemnification

Subscriber agrees to indemnify and hold harmless the Site Operator, the applicable websites, their officers, directors, managers, members, agents and employees from any of the mentioned against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of a Subscriber's breach of any term, condition or promise contained herein. Should such claim for indemnification arise, or should any action be brought up by a Subscriber or the Site Operator relating to any services or products offered by or through FG, Subscriber agrees to submit to the personal jurisdiction of the courts of Gibraltar.

Validity

This Agreement sets forth the full and complete understanding between a Subscriber and the Site Operator with respect to its subject matter, and supersedes all prior understandings or agreements, whether written or verbal.

In the event that one or more provisions of this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in this Agreement, which shall remain valid and enforceable.

Modification

FG maintains the right to modify terms and conditions at any given time.