Terms of Use

LICENSE
1.1. Governing Agreement
The terms of this agreement ("Terms of Service" or Terms) govern the relationship between you and
Facebook by Fonetwish (hereinafter "Facebook by Fonetwish" or "Us" or "We") regarding your use of
Facebook by Fonetwishs social games and related services, which include applications for mobile
devices and Facebook by Fonetwish branded websites (the "Service"). In this agreement, "Facebook by
Fonetwish" means Facebook by Fonetwish Inc. located at 699 8th Street, San Francisco, California
94103, if you are a user in the United States; or Facebook by Fonetwish Luxembourg S.a.r.l. located at
15, rue Edward Steichen, L-2540, Luxembourg, if you are a user outside the United States. In either case
Facebook by Fonetwish includes Affiliates, which shall mean subsidiaries, parent companies, joint
ventures and other corporate entities under common ownership.
1.2. Privacy Policy
Use of the Service is also governed by Facebook by Fonetwish's Privacy Policy, which is incorporated
herein by reference. Your privacy is important to Us. We designed Facebook by Fonetwish's Privacy
Policy to make important disclosures about how We collect and use your content and information and
how you can use the Service to share such information with others. We encourage you to read the
Facebook by Fonetwish Privacy Policy carefully and use it to make informed decisions.
By creating an account or accessing or using the Service you accept and agree to be bound by these
Terms of Service and consent to the collection, use and storage of your information as outlined in
Facebook by Fonetwishs Privacy Policy.
1.3. Updates to the Terms of Service and Facebook by Fonetwish Privacy Policy
Facebook by Fonetwish reserves the right, at our discretion, to change, modify, add or remove portions
of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on or within
the Service. You may also be given additional notice, such as an e-mail message or messaging within the
Service, of any changes. You will be deemed to have accepted such changes by continuing to use the
Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after
they are initially posted. Facebook by Fonetwish may also revise other policies, codes or rules at any
time, and the new versions will be available at www.fonetwish.com or in the Service. No amendment to
the Terms of Service or Privacy Policy shall apply to any dispute of which Facebook by Fonetwish had
actual notice before the date of the amendment.
This agreement may not be otherwise amended except in a writing hand signed by you and Us. For
purposes of this provision, "writing" does not include an e-mail message and a signature does not
include an electronic signature.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, the
Privacy Policy, 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.
To the extent the Terms of Service or Facebook by Fonetwish Privacy Policy conflict with any other
Facebook by Fonetwish terms, policy, rules or codes of conduct, the terms contained in these Terms of
Service and in the Facebook by Fonetwish Privacy Policy shall govern.
1.4. 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 Facebook by Fonetwish policies, such as the Forum Rules or Loyalty Program Terms, Facebook
by Fonetwish grants you a non-exclusive, non-transferable, revocable limited license subject to the
limitations in Sections 1.5-1.9 to access and use the Service using a Facebook by Fonetwish supported
web browser (such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your
own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
You understand that while at times you may earn "buy" or "purchase" (a) virtual currency, including
but not limited to virtual coins, cash, tokens, or points, all for use in the Service; or (b) virtual in-game
items (together with virtual currency, "Virtual Items"); these real world terms are only being used as
shorthand. You do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer
to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use
the Service, including software programs that occasionally manifest themselves as these items. The
purchase and sale of the limited license referred to in these Terms of Service is a completed transaction
upon receipt of your direct payment or redemption of a Facebook by Fonetwish game card or a third
party virtual currency like Facebook Credits. Any "virtual currency" balance shown in your Account does
not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement
of the extent of your license.
1.5. Accessing the Service
By accessing or using the Service, including browsing any Facebook by Fonetwish website or accessing a
game, you accept and agree to these Terms of Service and the Privacy Policy. You may also be required
to register an account on the Service (an "Account"), have a valid account on the social networking
service ("SNS") through which you connect to the Service, if any, or have an account with the
applications provider for your mobile device. You warrant that you are not prohibited from receiving
products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you
represent that your legal guardian has reviewed and agreed to these Terms.
You must provide all equipment and software necessary to connect to the Service, including, but not
limited to, a mobile device that is suitable to connect with and use the Service, in cases where the
Service offers a mobile component.

You are responsible for any fees, including internet connection or mobile fees that you incur when
accessing the Service.
1.6. Use of the Service
The following restrictions apply to the use of the Service:

a. You shall not create an Account or access the Service if you are under the age of 13;

b. You shall monitor your Account to restrict use by minors, and you will deny access to children
under the age of 13. You accept full responsibility for any unauthorized use of the Service by
minors in connection with your Account. You are responsible for any use of your credit card or
other payment instrument (e.g. PayPal and Facebook Credits) by minors;

c. You shall not have more than one Account, per platform or SNS, at any given time, and shall
not create an account using a false identity or information, or on behalf of someone other than
yourself;

d. You shall not create an Account or use the Service if you are a convicted sex offender;

e. You shall not have an Account or use the Service if you have previously been removed by
Facebook by Fonetwish or previously been banned from playing any Facebook by Fonetwish
game;

f. You shall not use the Service if you are located in a country embargoed by the United States or
if you are on the U.S. Treasury Department's list of Specially Designated Nationals.

g. You shall use your Account only for non-commercial purposes;

h. You shall not use your Account to advertise, solicit, or transmit any commercial
advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to
anyone;

i. You shall not use your Account to engage in any illegal conduct;

j. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your
Account or any Virtual Items associated with your Account to anyone without Facebook by
Fonetwishs written permission;

k. You shall not 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 Facebook by Fonetwishs permission; and

l. If you access the Service from an SNS you shall comply with its terms of service/use as well as
these Terms of Service.

1.7. Account Information

When creating or updating an Account on the Service, you may be required to provide Facebook by
Fonetwish with certain personal information, which may include your name, birth date, e-mail address,
and, in some cases, payment information. This information will be held and used in accordance with
Facebook by Fonetwish's Privacy Policy and relevant just-in-time notices, if any, provided at the point
of information collection or use. You agree that you will supply accurate and complete information to
Facebook by Fonetwish, and that you will update that information promptly after it changes.
You understand that on certain Facebook by Fonetwish websites your user ID number, name and
profile picture will be publicly available and that search engines may index your name and profile
photo.
1.8. Username and Password
During the Account creation process, you may be required to select a password ("Login Information").
The following rules govern the security of your Login Information:

a. You shall not share the Account or the Login Information, let anyone else access your account,
or do anything else that might jeopardize the security of your Account;

b. 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 Facebook by Fonetwish and modify your Login Information;

c. 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; and

d. You are responsible for anything that happens through your Account.

Facebook by Fonetwish 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 such third partys
rights.
1.9. 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 granted by Section 1.4, and may subject you to liability for
violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING
UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY FACEBOOK BY FONETWISH
GAME IS A VIOLATION OF FACEBOOK BY FONETWISH POLICY AND MAY BE A VIOLATION OF CRIMINAL
AND CIVIL LAWS.
You agree that you will not, under any circumstances:

a. Engage in any act that Facebook by Fonetwish deems to be in conflict with the spirit or intent
of the Service, including but not limited to circumventing or manipulating these Terms, our
game rules, game mechanics or policies;

b. Make improper use of Facebook by Fonetwishs support services, including by submitting

false abuse reports or using profane and abusive language in your communications with our
support personnel; or

c. Use the Service, intentionally or unintentionally, in connection with any violation of any
applicable law or regulation, or do anything that promotes the violation of any applicable law or
regulation;

CHEATING AND HACKING - You agree that you will not, under any circumstances:

d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party
software designed to modify or interfere with the Service or any Facebook by Fonetwish game
experience;

e. Use the Service in order to design or assist in the design of cheats, automation software, bots,
hacks, mods or any other unauthorized third party software designed to modify or interfere with
the Service or any Facebook by Fonetwish game experience;

f. Without Facebook by Fonetwishs express written consent, modify or cause to be modified

any files that are a part of the Service;

g. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or
server used to offer or support the Service or any Facebook by Fonetwish game environment
(each a "Server"); or (2) the enjoyment of the Service or any Facebook by Fonetwish game by
any other person;

h. Institute, assist or become involved in any type of attack, including without limitation
distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt
the Service or any other persons use or enjoyment of the Service; or

i. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the
computers, Servers, or networks connected to the Service by any means other than the user
interface provided by Facebook by Fonetwish, including but not limited to, by circumventing or
modifying, attempting to circumvent or modify, or encouraging or assisting any other person to
circumvent or modify, any security, technology, device, or software that is part of the Service;

OFFENSIVE OR INFRINGING CONTENT - You agree that you will not, under any circumstances:

j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially,
sexually, religiously, or otherwise objectionable or offensive;

k. Post any information that contains nudity, excessive violence, or offensive subject matter or
that contains a link to such content;

l. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of
another person, group, including Facebook by Fonetwish employees, including Facebook by
Fonetwishs customer service representatives; or

m. Make available through the Service any material or information that infringes any copyright,
trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person
or entity or impersonates any other person, including without limitation a Facebook by
Fonetwish employee;

COMMERCIAL ACTIVITY - You agree that you will not, under any circumstances:

n. Without Facebook by Fonetwishs express written consent, use the Service or any part
thereof for any commercial purpose, including but not limited to (1) communicating or
facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual
Items for sale;

o. Use the Service or any part thereof for performing in-game services, such as power-leveling
and item collection services, in exchange for payment outside the Service; or

p. Transmit unauthorized communications through the Service, including junk mail, chain
letters, spam and any materials that promote malware, spyware and downloadable items;

UNAUTHORIZED USE OR CONNECTION TO THE SERVICE - You agree that you will not, under any
circumstances:

q. Interfere or attempt to interfere with the proper functioning of the Service or connect to or
use the Service in any way not expressly permitted by these Terms of Service;

r. Use any unauthorized third party software that accesses, intercepts, "mines", or otherwise
collects information from or through the Service or that is in transit from or to the Service,
including, without limitation, any software that reads areas of RAM or streams of network traffic
used by the Service to store information about Facebook by Fonetwish game characters,
elements, or environment. Facebook by Fonetwish may, at its sole and absolute discretion,
allow the use of certain third party user interfaces;

s. Intercept, examine or otherwise observe any proprietary communications protocol used by a

client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or
other device;

t. Make any automated use of the system, or take any action that imposes or may impose (in
our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

u. Bypass any robot exclusion headers or other measures We employ to restrict access to the
service or use any software, technology, or device to send content or messages, scrape, spider,
or crawl the Service, or harvest or manipulate data;

v. Use, facilitate, create, or maintain any unauthorized connection to the Service, including
without limitation (1) any connection to any unauthorized server that emulates, or attempts to
emulate any part of the Service; or (2) any connection using programs, tools, or software not
expressly approved by Facebook by Fonetwish;

w. Except where permitted by law or relevant open source licenses, 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, or to obtain any
information from the Service using any method not expressly permitted by Facebook by
Fonetwish; or

x. Copy, modify or distribute rights or content from any Facebook by Fonetwish site or game, or
Facebook by Fonetwishs copyrights or trademarks or use any method to copy or distribute the
content of the Service except as specifically allowed in these Terms of Service;

COLLECTION AND PUBLICATION OF PERSONAL INFORMATION - You agree that you will not, under any
circumstances:

y. Solicit or attempt to solicit personal information from other users of the Service;

z. Collect, harvest or post anyones private information, including personally identifiable

information (whether in text, image or video form), identification documents, or financial
information through the Service; or

aa. upload or transmit or attempt to upload or transmit, without Facebook by Fonetwishs

express permission, any material that acts as a passive or active information collection or
transmission mechanism, including, without limitation, clear graphics interchange formats
("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as
"spyware," "passive collection mechanisms" or "pcms").

1.10. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, FACEBOOK BY FONETWISH MAY LIMIT, SUSPEND,
TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF
YOU ARE, OR FACEBOOK BY FONETWISH SUSPECTS 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. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A
RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED
ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND FACEBOOK BY
FONETWISH IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND
USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR
CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND
LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE
CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF
THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND
OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS.
Facebook by Fonetwish reserves the right to stop offering and/or supporting the Service or a particular
game or part of the Service at any time either permanently or temporarily, at which point your license to
use the Service or a part thereof will be automatically terminated or suspended. In such event, Facebook
by Fonetwish shall not be required to provide refunds, benefits or other compensation to users in
connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof
including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the instructions at Facebook by
Fonetwish.com.
USER CONTENT
2.1. Content Screening
You are entirely responsible for all User Content you post or otherwise transmit via the Service.
Facebook by Fonetwish assumes no responsibility for the conduct of any user submitting any User
Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or
conduct.
We have no obligation to monitor User Content. If We choose at any time, in our sole discretion, to
monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User
Content and We may monitor and/or record your interaction with the Service or communications
(including without limitation chat text and voice communications) when you are using the Service. By
entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring
and recording.
2.2. Information Use by Other Members of the Service
2.2.1. Public Discourse & Unsolicited Ideas
The Service may include various forums, blogs and chat features where you can post User Content,
including your observations and comments on designated topics. Facebook by Fonetwish 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 dont want others to use, do
not post it on the Service. Facebook by Fonetwish shall have no responsibility to evaluate, use or
compensate you for any ideas or information you may choose to submit.
If you submit suggestions, proposals, comments or other materials (collectively Submissions) within
the Service you understand and agree that Facebook by Fonetwish (1) shall have no obligation to keep
your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any
way; and (3) may use your Submissions for any purpose in any way without notice or compensation to
you.
FACEBOOK BY FONETWISH IS NOT RESPONSIBLE FOR A MEMBERS MISUSE OR MISAPPROPRIATION
OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
2.2.2. 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.
Information, materials, products or services provided by other users (for instance, in their profiles) may,
in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and
Facebook by Fonetwish assumes no responsibility or liability for this material. If you become aware of
misuse of the Service by any person, please use any "Report Abuse" link provided or contact us
at Customer Support.
Facebook by Fonetwish 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 Facebook by Fonetwish may
violate these Terms of Service.
Facebook by Fonetwish reserves the right to limit the storage capacity of User Content that you post on,
through or in connection with the Service.
2.3. Disclosure
Your information, and the contents of all of your online communications (including without limitation
chat text, voice communications, IP addresses and your personal information) may be accessed and
monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith
belief that We are required to disclose the information in response to legal process (for example, a court
order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We
believe that the Service is being used in the commission of a crime, including to report such criminal
activity or to exchange information with other companies and organizations for the purposes of fraud
protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency
that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in
order to protect the rights or property of Facebook by Fonetwish, including to enforce our Terms of
Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such
monitoring, access and disclosure.

2.4. User Interactions

2.4.1 Member Disputes
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 Facebook by Fonetwish games. Facebook by
Fonetwish reserves the right, but has no obligation, to become involved in any way with these disputes.
2.4.2 Release
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, including damages for loss of profits, goodwill, use or data. If you are a California
resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected his settlement with the debtor."
4. THIRD PARTY ADVERTISING
4.1. Third Party Advertisements
You understand that the Service and Facebook by Fonetwish games may feature advertisements from
Facebook by Fonetwish or third parties. Facebook by Fonetwish's disclosure of information for third
party advertising is addressed in Facebook by Fonetwish's Privacy Policy.
4.2. Links to Third Party Sites and Dealings With Advertisers
Facebook by Fonetwish may provide links on the Service to third party websites or vendors who may
invite you to participate in a promotional offer in return for receiving an optional component of the
Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your
dealings with these third parties are your responsibility. Facebook by Fonetwish makes no
representation or warranty regarding any content, goods and/or services provided by any third party
even if linked to from our Service, and will not be liable for any claim relating to any third party content,
goods and/or services. The linked sites are not under the control of Facebook by Fonetwish and may
collect data or solicit personal information from you. Facebook by Fonetwish is not responsible for their
content, business practices or privacy policies, or for the collection, use or disclosure of any information
those sites may collect. Further, the inclusion of any link does not imply endorsement by Facebook by
Fonetwish of these linked sites.
5. COPYRIGHT NOTICES/COMPLAINTS
It is Facebook by Fonetwish's policy to respond to notices of alleged copyright infringement that comply
with the Digital Millennium Copyright Act (DMCA). For more information, please go to Facebook by
Fonetwish's Copyright Page to review our DMCA Notification Guidelines. Facebook by Fonetwish

reserves the right to terminate without notice any User's access to the Service if that User is determined
by Facebook by Fonetwish, in its sole discretion, to be a "repeat infringer." In addition, Facebook by
Fonetwish accommodates and does not interfere with standard technical measures used by copyright
owners to protect their materials.
6. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. Facebook by Fonetwish may require that you accept
updates to the Service and to Facebook by Fonetwishs games you have installed on your computer or
mobile device. You acknowledge and agree that Facebook by Fonetwish may update the Service with or
without notifying you. You may need to update third party software from time to time in order to
receive the Service and play Facebook by Fonetwishs Games.
7. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
7.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED
UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF
THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER FACEBOOK BY FONETWISH NOR ITS AFFILIATES OR
SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT
PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "FACEBOOK BY FONETWISH
PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
7.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW,
THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY
WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY
CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS
FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE
FACEBOOK BY FONETWISH PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN
ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE FACEBOOK BY FONETWISH PARTIES ARE NOT
LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FACEBOOK BY FONETWISH PARTIES LIABLE, FOR
THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF
EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE
FACEBOOK BY FONETWISH PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID
FACEBOOK BY FONETWISH IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY
PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID FACEBOOK BY FONETWISH ANY
AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE
ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE
WITH FACEBOOK BY FONETWISH IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS
SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY
FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF FACEBOOK BY
FONETWISH.
7.3. Indemnification
You agree to indemnify, save, and hold Facebook by Fonetwish, its affiliated companies, contractors,
employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses,
damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service,
any violation by you of these Terms of Service, or any breach of the representations, warranties, and
covenants made by you herein. Facebook by Fonetwish reserves the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to indemnify Facebook by
Fonetwish, and you agree to cooperate with Facebook by Fonetwishs defense of these claims. Facebook
by Fonetwish will use reasonable efforts to notify you of any such claim, action, or proceeding upon
becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the
Service.
8. DISPUTE RESOLUTION
8.1. General
If a dispute arises between you and Facebook by Fonetwish, our goal is to provide you with a neutral
and cost effective means of resolving the dispute quickly. Accordingly, you and Facebook by Fonetwish
agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or
the Service (a "Claim") in accordance with one of the subsections below or as We and you otherwise
agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us
directly to seek a resolution by going to Customer Support. We will consider reasonable requests to
resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration,
as alternatives to litigation.

8.2. Law and Forum for Legal Disputes

If you are a resident of the United States, this Agreement and any dispute arising out of or related to it
or the Service shall be governed in all respects by the laws of the State of California as they apply to
agreements entered into and to be performed entirely within California between California residents,
without regard to conflict of law provisions. You agree that any claim or dispute you may have against
Facebook by Fonetwish must be resolved exclusively by a state or federal court located in San Francisco
County, California, except as otherwise agreed by the parties or as described in the Arbitration Option
paragraph below. You agree to submit to the personal jurisdiction of the courts located within San
Francisco County, California for the purpose of litigating all such claims or disputes.
If you reside outside of the United States, this Agreement and any dispute arising out of or related to it
or the Service shall be governed in all respects by the laws of the Grand Duchy of Luxembourg and shall
be considered to have been made and accepted in the Grand Duchy of Luxembourg, without regard to
conflict of law provisions. You agree that any claim or dispute you may have against Facebook by
Fonetwish Luxembourg S.a.r.l. must be resolved exclusively by the courts in Luxembourg, except as
otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to
submit to the personal jurisdiction of the courts in Luxembourg for the purpose of litigating all such
claims or disputes.
8.3. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the
award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost
effective manner through binding non-appearance-based arbitration. In the event a party elects
arbitration, they shall initiate such arbitration through an established alternative dispute resolution
("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply
with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely
based on written submissions, and the specific manner shall be chosen by the party initiating the
arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses
unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the
arbitrator shall be final and may be entered in any court of competent jurisdiction.
8.4. Improperly Filed Claims
All claims you bring against Facebook by Fonetwish must be resolved in accordance with this Legal
Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed.
Should you file a claim contrary to Section 8.2, Facebook by Fonetwish shall be entitled to recover
attorneys' fees and costs up to $1000, provided that Facebook by Fonetwish has notified you in writing
of the improperly filed claim, and you have failed to promptly withdraw the claim.
9. SEVERABILITY

You and Facebook by Fonetwish agree that if any portion of these Terms of Service or of the Facebook
by Fonetwish 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
Facebook by Fonetwish may assign or delegate these Terms of Service and/or the Facebook by
Fonetwish 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 Facebook by Fonetwishs prior written consent, and any unauthorized assignment and
delegation by you is void and ineffective.
10.2. Supplemental Policies
Facebook by Fonetwish may publish additional policies related to specific services such as applications
for mobile devices, 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 Facebook by Fonetwishs Privacy Policy), contain the entire understanding of
you and Facebook by Fonetwish, and supersede all prior understandings of the parties hereto relating to
the subject matter hereof, whether electronic, oral or written, or whether established by custom,
practice, policy or precedent, between you and Us with respect to the Service.
10.4. Language of the Terms of Service
If we provide you with a translation of the English language version of these Terms of Service, the
Facebook by Fonetwish Privacy Policy or any other policy (collectively Facebook by Fonetwish
Policies), then you agree that the translation is provided for informational purposes only and does not
modify the English language version of the Facebook by Fonetwish Policies.
In the event of a conflict between a translation of the Facebook by Fonetwish Policies and the English
version, the English version of the Facebook by Fonetwish Policies will control.
10.5. No Waiver
The failure of Facebook by Fonetwish to require or enforce strict performance by you of any provision of
these Terms of Service or the Facebook by Fonetwish Privacy Policy or failure to exercise any right under

them shall not be construed as a waiver or relinquishment of Facebook by Fonetwish's right to assert or
rely upon any such provision or right in that or any other instance.
The express waiver by Facebook by Fonetwish of any provision, condition, or requirement of these
Terms of Service or the Facebook by Fonetwish Privacy Policy shall not constitute a waiver of any future
obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no representations,
statements, consents, waivers, or other acts or omissions by Facebook by Fonetwish shall be deemed a
modification of these Terms of Service nor be legally binding, unless documented in physical writing,
hand signed by You and a duly appointed officer of Facebook by Fonetwish.
10.6. Notices
We may notify you via postings on facebook, and via e-mail or any other communications means to
contact information you provide to us. If you are a user in the United States, all notices given by you or
required from you under these Terms of Service or the Facebook by Fonetwish Privacy Policy shall be in
writing and addressed to: Facebook by Fonetwish Inc., Attn: LEGAL DEPARTMENT, 699 8th Street, San
Francisco, CA 94103. If you are a user outside of the United States, all notices given by you or required
from you under these Terms of Service or the Facebook by Fonetwish Privacy Policy shall be in writing
and addressed to: Facebook by Fonetwish Luxembourg S.a.r.l. located at 15, rue Edward Steichen, L2540, Luxembourg.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
10.7. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to
Facebook by Fonetwish are of a unique and irreplaceable nature, the loss of which shall irreparably
harm Facebook by Fonetwish and which cannot be replaced by monetary damages alone. Accordingly,
Facebook by Fonetwish shall be entitled to injunctive or other equitable relief (without the obligations
of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by
you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the
operation of the Service or any Facebook by Fonetwish game, exploitation of any advertising or other
materials issued in connection therewith, or exploitation of the Service or any content or other material
used or displayed through the Service and agree to limit your claims to claims for monetary damages,
limited by Section 7.2 (if any).
10.8. Force Majeure
Facebook by Fonetwish shall not be liable for any delay or failure to perform resulting from causes
outside the reasonable control of Facebook by Fonetwish, including without limitation any failure to
perform hereunder due to unforeseen circumstances or cause beyond Facebook by Fonetwishs control

such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods,
accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy,
labor or materials.