Terms of Service
Last Updated: May 10, 2018
Welcome to Funplace and thank you for using it.
Terms of Service are our contract with you. Your use of our app constitutes not only your consent, but also your electronic signature, meaning that you are contractually bound by these terms. Please read these Terms carefully.
- Funplace is not meant for use by children under age 13. No one under the age of 13 may provide any personal information to or on Funplace (including, for example, a name, address, telephone number or email address). Subscriber also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site.
- If you have any comments, compliments, complaints or suggestions about Funplace, the operation of the Services or any other questions, it should be sent to firstname.lastname@example.org.
- We may revise these terms from time to time without notice. Whenever we do so, we will so indicate by changing the version date at the top. Any changes apply as of the time they are posted.
By uploading a file or other content or by making a comment, you represent and warrant to us that:
- you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms;
- doing so does not violate or infringe anyone else's rights.
With regard to any file or content you upload to the public portions of our site, you grant Funplace a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to Funplace pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content Funplace has already copied and sublicensed or designated for sublicense.
Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.
Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Funplace to locate the material;
- Information reasonably sufficient to permit Funplace to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Funplace's Copyright Agent to receive notifications of claimed infringement is: email@example.com.
If someone else might own the copyright to content, don't upload it. Don't upload hate speech and content with threats, bullying and harassment. Also content and comments that promotes or condones insults, harmful actions and ridicules, content that discriminate people based on personal characteristics, such as: race or ethnic origin, color of skin, nationality, religion, age, gender, sexual orientation, marital status or disability. Don't upload illegal content such as child porn. Don't hotlink to adult content or to file-sharing, gambling or torrent. Don't impersonate someone else. Also, don't use Funplace to host image libraries you link to from elsewhere, content for your website, advertising, avatars, or anything else that turns us into your content delivery network. You can read community rules for Funplace here.
If something isn't fun, if you see anything on our site that shouldn't be there because it violates our policies, is illegal or for some other reason, please let us know by emailing us at firstname.lastname@example.org.
Subscriber is responsible for all of its activity in connection with the Services and accessing the app. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the app. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Funplace user.
Use of the app or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the app or the Service to:
- send unsolicited e-mails, bulk mail, spam or other materials to users of the app or any other individual;
- harass, threaten, stalk or abuse any person or party, including other users of the app;
- create a false identity or to impersonate another person;
- post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you.
Third party websites
Funplace may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Funplace. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Funplace, you do so at your own risk and you agree that Funplace has no liability arising from your use of or access to any third party website, service, or content.
Registration and security
As a condition to using Services, Subscriber will be required to register with Funplace and select a password Funplace URL. Subscriber shall provide Funplace with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not:
- select or use as a Funplace URL a name of another person with the intent to impersonate that person;
- use as a Funplace URL a name subject to any rights of a person other than Subscriber without appropriate authorization.
Funplace reserves the right to refuse registration of, or cancel a Funplace URL in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Funplace password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the app and Funplace from any and all liability concerning such activity.
Subscriber agrees to notify Funplace immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The app will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Either party may terminate the Services at any time by notifying the other party by any means. Funplace may also terminate or suspend any and all Services and access to the app immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the app, and any Content will immediately cease.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the app and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Funplace, including without limitation any indemnification obligations contained herein.
Indemnity, Warranty disclaimer, Limitation of liability
You agree to defend, indemnify and hold harmless the Funplace from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising out of or in any way connected with:
- your User Engagement or your use of and access to the Funplace Services;
- your breach or alleged breach of this Agreement;
- your violation or alleged violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right;
- your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders;
- any claim that your User Engagement caused damage to a third party;
- any misrepresentation made by you.
Although of course we strive to make Funplace as dependable as possible, Funplace's services are provided on an as is – with all faults basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. Funplace disclaims all warranties, express and implied, including without limitation implied warranties of fitness and merchantability. Not with standing anything else stated in these terms, and irrespective of whether Funplace takes or does not take measures to remove inappropriate or harmful content from its app, Funplace has no duty to monitor any content on its app. Funplace does not assume responsibility for the accuracy, appropriateness, or harmlessness of any content appearing on Funplace that is not produced by Funplace, including but not limited to user content, advertising content, or otherwise.
In no event shall Funplace, its directors, officers, shareholders, employees or members be liable with respect to the app or the Services for:
- any indirect, incidental, punitive, or consequential damages of any kind whatsoever;
- damages for loss of use, profits, data, images, Subscriber Content or other intangibles;
- damages for unauthorized use, non-performance of the app, errors or omissions;
- damages related to downloading or posting Content.
Funplace App can provide paid services. You can be charged for storing created content on servers and for the additional features of Funplace app.
Subscription Service Conditions:
- Payment will be charged to iTunes Account of purchase. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
- Account will be charged for renewal within 24 hours prior to the end of the current period. Thу cost depends on the length of subscription.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
- Any unused portion of a free trial period, iа offered, will be forfeited when the user purchases a subscription, where applicable.