HighFun Game

PANDAJOY MOBILE APPS/WEBSITE TERMS OF USE

IMPORTANT NOTICE: Carefully read these Terms and Conditions of Use ("Terms," "Terms of Use," or "Agreement") before using this app, as they affect your legal rights and obligations, including waivers of rights, limitation of liability, and your indemnity obligations. THIS AGREEMENT REQUIRES DISPUTE RESOLUTION VIA INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS OR JURY TRIALS AND LIMITS AVAILABLE REMEDIES.

This Agreement governs your use of current and future online/mobile websites, platforms, services, applications, and networks owned or operated by PandaJoy ("PandaJoy," "we," "us," or "our"), including other sites/services supported by PandaJoy technology (collectively, the "Site" or "Sites"). Your use of any Site (including accessing content) constitutes acceptance of these Terms.

(A) Governing Terms

These Terms, along with referenced supplemental terms (e.g., the PandaJoy Privacy Policy), apply to your Site usage. By using the Site, you agree to comply. If you disagree, do not access or use the Site.

(B) Modification Rights

PandaJoy may modify these Terms at any time. Changes are effective immediately upon posting. Continued use after posting constitutes acceptance.

PandaJoy reserves the right to modify or discontinue any Site aspect, service, or feature (including content, availability, or required equipment) at any time.

(D) Account Registration

You may register to create an account ("Your Account"). Provide accurate, current, and complete information during registration and update it promptly. You are responsible for maintaining account confidentiality and all activities under Your Account, regardless of authorization. Ensure all use complies with these Terms.

(E) Equipment Responsibility

You are responsible for obtaining and maintaining all connectivity, hardware, software, and related costs for Site access and use.

2. User Content and Conduct

(A) Interactive Areas

The Site may offer Interactive Areas (e.g., comments, forums) for users aged 13+. By submitting User Content, you represent you are 13+ and, if under 18, have legal consent from a parent/guardian. PandaJoy employees require supervisor permission to submit User Content.

(B) Prohibited Content & Conduct

You agree NOT to submit User Content or engage in conduct that:

Violates others' rights (defamation, harassment, threats).

Is false, misleading, or inaccurate.

Contains bigotry, racism, hate speech, abuse, vulgarity, or profanity.

Contains or advocates pornography, explicit sexual content, pedophilia, incest, bestiality, or is obscene/lewd.

Violates laws, advocates illegal/dangerous acts, or discusses illegal activities with intent to commit.

Advocates violence or poses a threat to safety.

Depicts gratuitous violence.

Infringes intellectual property rights (copyright, trademark, trade secret, publicity rights).

Is off-topic for the Interactive Area.

Contains unauthorized advertising, spam, chain letters, or solicitation.

Impersonates any person/entity (including PandaJoy representatives).

Suggests PandaJoy's endorsement of User Content.

Violates privacy rights (e.g., harvesting personal info).

Contains viruses or harmful components.

Disrupts the Site or connected networks.

Exploits the Site commercially.

Artificially inflates views using bots or paid services.

Automates mass posting beyond individual capability.

PandaJoy reserves the right to remove content and terminate accounts for violations.

PandaJoy has the right (but not obligation) to monitor User Content for compliance and legal purposes. We reserve the right to screen, edit, refuse, or remove content without notice. You are solely responsible for backing up your content. Personally identifiable information may be shared per law enforcement requests or as permitted by law (see Privacy Policy).

(D) License Grant

By submitting User Content, you grant PandaJoy and its parent, PandaJoy Group, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use, reproduce, modify, adapt, translate, create derivatives, distribute, sublicense, and exploit your User Content in any media. You warrant you have the necessary rights to grant this license and that the content doesn't violate these Terms or infringe any rights.

(E) Moral Rights Waiver

If you retain moral rights in User Content, you declare: (a) no requirement for personally identifying information association; (b) no objection to PandaJoy's use/modification/deletion; (c) waiver of moral rights claims; (d) release of PandaJoy from moral rights claims.

(F) Non-Confidentiality

User Content is non-confidential. PandaJoy has no obligation to treat it as proprietary (except under the Privacy Policy) and reserves the right to use, edit, modify, reject, or refuse to post it without attribution.

3. Intellectual Property

Site content is protected by copyright and other laws. PandaJoy owns copyright in content selection, coordination, arrangement, and original material. You may not modify, publish, transmit, sell, create derivatives, or exploit any content except for personal downloads. No redistribution, retransmission, or commercial use is permitted without express permission. Downloading grants no ownership rights.

4. Third-Party Content

PandaJoy distributes third-party content but is not its publisher or creator. Opinions, advice, statements, or information from third parties belong solely to the author/provider. PandaJoy does not guarantee the accuracy, completeness, or usefulness of third-party content. Reliance on such content is at your own risk.

5. Advertisements and Promotions

PandaJoy may display third-party ads. Dealings with advertisers are solely between you and the advertiser. PandaJoy is not liable for any loss or damage resulting from such dealings or the presence of ads.

6. Disclaimer of Warranty; Limitation of Liability

(A) USE THE SITE AT YOUR SOLE RISK. PANDAJOY, ITS AFFILIATES (COLLECTIVELY, "PANDAJOY GROUP"), AND THEIR RESPECTIVES MAKE NO WARRANTIES REGARDING UNINTERRUPTED, ERROR-FREE OPERATION, OR RESULTS FROM USE.

(B) THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW.

(D) LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, PANDAJOY GROUP SHALL NOT BE LIABLE FOR (I) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, DATA LOSS, GOODWILL LOSS, WORK STOPPAGE, DEVICE FAILURE; (II) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR (III) DIRECT DAMAGES EXCEEDING ONE HUNDRED DOLLARS ($100.00) IN TOTAL. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE) AND EVEN IF ADVISED OF POSSIBILITY. THIS LIMITATION APPLIES TO NEW JERSEY RESIDENTS.

(E) PANDAJOY DISCLAIMS LIABILITY FOR UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION.

(F) SUBJECT TO SECTION 12, ANY DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE RELEVANT EVENTS. CLAIMS NOT FILED WITHIN THIS PERIOD ARE PERMANENTLY BARRED.

7. Indemnification

You agree to defend, indemnify, and hold harmless PandaJoy, its affiliates, and their respective personnel from all claims and expenses (including attorneys' fees) arising from your Site or Account use. PandaJoy reserves the right to assume exclusive defense of any claim subject to indemnification, requiring your reasonable cooperation.

8. Termination

PandaJoy may terminate these Terms or suspend/terminate Your Account at any time without notice, particularly for breach or unacceptable conduct. Sections 1-14 survive termination.

9. Trademarks

PandaJoy and its affiliates own all rights to their logos/trademarks used on the Site. Other logos/trademarks belong to their respective owners.

10. Governing Law and Venue

Content is presented for entertainment, news, and promotional purposes primarily for global use. All disputes arising from Site access/use shall be governed by Hong Kong law (without regard to conflict of laws), except where preempted by federal law. Non-arbitrable disputes shall be brought exclusively in state or federal courts in Hong Kong County, Hong Kong.

11. Severability

If any provision (except those in Section 12) is found invalid/unenforceable, it shall be severed, and the remaining provisions remain valid and enforceable. This is the entire agreement.

12. Dispute Resolution

Contact PandaJoy first via [pandajoy56@gmail.com]. If unresolved:

(1) Arbitration Agreement: Subject to Section 12, PandaJoy and you agree to arbitrate ALL disputes/claims individually (NOT as class actions or class arbitrations), except for: (i) claims related to bodily injury; (ii) claims to enforce/protect intellectual property rights; (iii) eligible small claims court cases. This waiver includes jury trial rights. The Federal Arbitration Act governs.

(2) Pre-Arbitration Procedure: Before arbitration or small claims, send a written Notice of Dispute to pandajoy56@gmail.com containing specified details. Parties must engage in good-faith resolution efforts for 60 days (extendable). Compliance is a condition precedent to arbitration.

(3) Arbitration Rules: Arbitration administered by NAM under its Comprehensive Rules (as modified by this Agreement), unless unavailable. Initiating party must certify compliance with Pre-Arbitration procedures. Arbitrator decides all issues (scope/enforceability reserved for courts). Hearings typically in your billing county. Awards are reasoned, binding, and individual.

(4) Fees: Fees governed by NAM Rules. PandaJoy may pay fees deemed prohibitive vs. litigation unless claims are frivolous.

(5) Confidentiality: Confidential information disclosed in arbitration shall remain confidential.

(6) Settlement Offers: Settlement offers made pre-hearing remain confidential until after award.

(7) Individual Relief: ONLY INDIVIDUAL RELIEF IS AVAILABLE. CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDINGS ARE PROHIBITED. Consolidation is prohibited unless mutually agreed.

(8) Opt-Out of Future Changes: You may reject future Arbitration Agreement changes (except Notice Address) via email to pandajoy56@gmail.com within 30 days of posting, providing required details. This is not an opt-out of the current agreement.

(9) Mass Filings: If 25+ similar claims arise (Mass Filing), the following staged process applies:

Stage 1: Counsel selects 25 claims per side (50 total) for individual arbitration + global mediation of remaining claims (PandaJoy pays mediator).

Stage 2: If unresolved, counsel selects 50 claims per side (100 total) for arbitration + global mediation.

Stage 3: If unresolved, counsel selects 100 claims per side (200 total) for arbitration + optional global mediation.

Unresolved Claims:

Option 1: Individual opt-out to court within 30 days after Stage 3 mediation via personally signed email.

Option 2: Continue staged individual arbitration in batches of 200 claims.

13. CLASS ACTION AND JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDINGS (AS PLAINTIFF, CLAIMANT, OR MEMBER) AND WAIVES THE RIGHT TO A JURY TRIAL. PARTICIPATION IN CLASS-WIDE SETTLEMENTS IS PERMITTED.

14. Copyright Policy & Agent

PandaJoy respects copyrights and will terminate repeat infringers. To report infringement, provide the following to the Copyright Agent:

Authorized signature.

Identification of copyrighted work.

Identification of infringing material & location.

Contact information.

Good faith belief statement.

Accuracy statement under penalty of perjury.

PandaJoy Copyright Department

Email: pandajoy56@gmail.com

For content licensing: pandajoy56@gmail.com

General inquiries: [pandajoy56@gmail.com]