Terms
Welcome to FamilyGameStore (operated under the domain ninefami.com, hereinafter referred to as "we", "us", or "our")—a platform dedicated to providing family-friendly HTML5 (H5) games and related services (collectively, the "Services"). By accessing, browsing, or using our Services (including creating an account, playing games, or interacting with content on ninefami.com), you ("you" or "User") agree to be bound by these Terms of Service (the "Terms") and our Privacy Policy (available on ninefami.com). If you do not agree to these Terms, please refrain from using our Services immediately.
1. Eligibility to Use the Services
To use our Services, you must:
- Be at least 13 years old (or the minimum age of digital consent in your jurisdiction, whichever is higher). If you are under this age, you may only use the Services with the express, verifiable consent and supervision of a parent or legal guardian, who will be deemed responsible for your compliance with these Terms.
- Have the legal capacity to enter into a binding agreement (e.g., not be a minor without parental/guardian consent, or a person barred from using online services by applicable law).
- Use the Services only in jurisdictions where they are legally available (we reserve the right to restrict access to the Services in regions where compliance with local laws is not feasible).
2. Account Creation and Responsibility
2.1 Account Requirements
While many of our H5 games are accessible without an account, creating a user account (optional) allows you to save game progress, access personalized features, and receive updates. When creating an account:
- You must provide accurate, truthful, and up-to-date information (e.g., a valid email address if prompted).
- You will choose a unique username and a strong password. You are solely responsible for maintaining the confidentiality of your account credentials (username, password) and for all activities conducted under your account.
- You agree to notify us immediately at info@ninefami.com if you suspect any unauthorized access to your account, or if your credentials are lost, stolen, or compromised.
2.2 Account Restrictions
- You may only maintain one account per person (unless explicitly permitted by us in writing).
- You may not share your account with others, sell, rent, or transfer your account to a third party.
- We reserve the right to suspend or terminate your account without prior notice if we believe you have violated these Terms (e.g., sharing account access, providing false information, or engaging in fraudulent activity).
3. Use of the Services
3.1 Permitted Uses
You may use our Services only for personal, non-commercial purposes, including:
- Playing H5 games available on ninefami.com.
- Accessing and using account features (if applicable) to save progress or customize your experience.
- Contacting our support team via info@ninefami.com for legitimate inquiries related to the Services.
3.2 Prohibited Uses
You agree not to engage in any of the following activities when using our Services:
- Unauthorized access or modification: Attempting to hack, reverse-engineer, decompile, or modify the code, software, or infrastructure of our games or website; accessing restricted areas of ninefami.com without permission.
- Harmful or disruptive behavior: Uploading, transmitting, or sharing malware, viruses, or other harmful content; interfering with the performance of the Services (e.g., via DDoS attacks, spamming, or overloading servers); disrupting other users’ gameplay (e.g., cheating, using bots, or exploiting glitches to gain an unfair advantage).
- Infringement of rights: Using the Services to violate intellectual property laws (e.g., copying, distributing, or monetizing our games, logos, or content without permission); sharing content that infringes on third-party copyrights, trademarks, privacy, or publicity rights.
- Unlawful or unethical conduct: Using the Services for illegal purposes (e.g., fraud, harassment, or promoting violence); engaging in behavior that is discriminatory, offensive, or harmful to minors (e.g., sharing inappropriate content in family-friendly spaces).
- Circumvention of restrictions: Bypassing geographic limitations, age verification checks, or other security measures implemented to protect the Services or users.
4. Intellectual Property Rights
4.1 Our Rights
All content and materials on the Services—including but not limited to games, software, code, logos, trademarks, graphics, text, and images (collectively, "FamilyGameStore Content")—are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws worldwide.
4.2 Your Rights and Restrictions
- You do not acquire any ownership rights to FamilyGameStore Content by using the Services.
- You may not copy, reproduce, distribute, publish, display, modify, or create derivative works of FamilyGameStore Content unless explicitly permitted by us in writing (e.g., sharing a link to a game on social media for non-commercial purposes is allowed, but downloading and rehosting the game on another website is not).
- If you submit user-generated content (UGC) to the Services (e.g., game reviews, feedback, or fan art), you grant us a non-exclusive, worldwide, royalty-free license to use, display, and modify that UGC for the purpose of operating, promoting, and improving the Services. You represent and warrant that your UGC does not infringe on any third-party rights.
5. Service Availability and Modifications
- We strive to keep the Services available 24/7, but we do not guarantee uninterrupted or error-free access. We may temporarily suspend the Services for maintenance, updates, or technical issues (we will notify users of planned downtime via ninefami.com or email when possible).
- We reserve the right to modify, update, or discontinue any part of the Services (including games, features, or content) at any time, with or without notice. We will not be liable to you or any third party for any changes to or termination of the Services.
6. Disclaimers of Warranties
THE SERVICES AND FAMILYGAMESTORE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement (e.g., we do not warrant that the Services will meet your specific needs, be free of bugs or errors, or be compatible with all devices).
- Warranties regarding the accuracy, reliability, or completeness of content on the Services (e.g., game recommendations or user reviews).
- Warranties that the Services will be secure, uninterrupted, or free from viruses or other harmful components (you are responsible for implementing adequate security measures on your device).
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO:
- Loss of game progress, account data, or virtual items (we recommend regularly backing up account data where possible).
- Damages resulting from interrupted service, technical errors, or unauthorized access to your account.
- Damages from reliance on content on the Services (e.g., game reviews or recommendations).
- OUR TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED $100 (USD) OR THE EQUIVALENT IN YOUR LOCAL CURRENCY, WHICHEVER IS HIGHER.
- This limitation of liability does not apply to damages caused by our gross negligence, willful misconduct, or violations of applicable law (e.g., data breaches resulting from our failure to implement reasonable security measures).
8. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, employees, directors, licensors, and service providers from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Services (including any violation of these Terms).
- Your account activities (including unauthorized use by others if you fail to protect your credentials).
- Your user-generated content (including claims that it infringes on third-party rights).
9. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices, technology, or legal requirements. When we make changes:
- We will revise the "Last Updated" date at the top of this page.
- We will post the updated Terms on ninefami.com.
- For material changes (e.g., changes to account rules, liability limitations, or intellectual property rights), we will notify you via email (if you have provided one) or a prominent notice on our website at least 30 days before the changes take effect.
Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles. For users in the European Union (EU)/European Economic Area (EEA), these Terms shall be governed by the laws of the country where you reside, to the extent required by applicable law.
10.2 Dispute Resolution
- Informal Resolution: Before initiating any legal action, you agree to attempt to resolve disputes with us informally by contacting our support team at info@ninefami.com with a detailed description of the issue. We will use good faith efforts to resolve the dispute within 30 days of receiving your inquiry.
- Formal Disputes: If the dispute cannot be resolved informally:
- For users in the U.S.: You agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California, for any legal action arising out of these Terms.
- For users in the EU/EEA: You may submit the dispute to a consumer dispute resolution body in your country of residence (as required by EU law) or to the courts of your country of residence.
You waive any right to participate in a class action lawsuit or class-wide arbitration related to the Services.
11. Termination
- We may terminate your access to the Services at any time, with or without cause, by providing written notice to you (via email or a message to your account) or by suspending your account.
- You may terminate these Terms at any time by discontinuing use of the Services and deleting your account (if you have one—contact info@ninefami.com to request account deletion).
- Upon termination:
- Your right to use the Services will immediately cease.
- We may retain your account data and personal information in accordance with our Privacy Policy (e.g., for legal compliance or data retention requirements).
12. Miscellaneous
- Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding your use of the Services, superseding all prior or contemporaneous agreements, communications, or understandings (written or oral).
- Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
- No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision in the future.
- Assignment: We may assign these Terms to a third party (e.g., in connection with a merger or acquisition) without your consent. You may not assign these Terms to any third party without our prior written consent.
13. Contact Us
If you have any questions, concerns, or requests regarding these Terms or our Services, please contact us at:
Email: info@ninefami.com
Website: ninefami.com
Subject Line: Terms of Service Inquiry
We will respond to your inquiry within 30 days of receipt.