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FumFamApps Terms of Use Agreement


Last amended on February 8, 2024



Introduction


Welcome to FunFamApps. We create mobile applications and games, and operate gaming, entertainment and augmented reality platforms (“Platform”). Please review this Terms of Use Agreement (“TOU”) and any relevant application guidelines (“Guides”, collectively, the “Terms”), as the Terms dictate your use of the Applications and the Platform. The Terms also govern your interaction with our owned or operated websites (“Sites”), your purchases of any FunFam promotional merchandise, your participation in FunFamApps in-person events and promotions (“Events”), and any utilization of FunFamApps products and services (collectively referred to as the “Services”).

Depending on your country of residence, special conditions that deviate from the Terms may apply to you – please see the relevant section below.


By using the Services, you are agreeing to these Terms. If you do not agree to these Terms, you may not use the Services. FunFamApps reserves the right to make amendments to these Terms at any time, and in such an event, we will alert you by posting the amended Terms on the Site or App. It is important for you to review these revised Terms before choosing to continue using the Services. You will be bound by the revised terms if you decide to continue using the Services. If you do not agree with the updated Terms, you may no longer use the Services.



Protection of personal data


Our services are developed to allow you to engage in shared game environments combined with real-world interactions. For us to provide these Services, we require information about you, which will only be utilized if there are legal justifications to do so. We encourage you to review our Privacy Policy to gain insight into the data we collect, how we use it, and the options available to you in relation to the usage of our Services.



Account password and security


Some features of the Service require registration (“Restricted Areas”). At the time of registration for online account access, you must provide a valid email address.

As a result of your registration for the Service, you may receive certain communications from FunFamApps. You understand and agree that these communications are part of your registration.

You acknowledge, consent and agree that FunFamApps may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the TOU; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of FunFamApps, its users and the public.



User Conduct


By using the Services, it is your responsibility to know, understand and abide by our rules of use. These rules are not meant to be exhaustive, and FunFamApps reserves the right to determine what types of conduct it considers to be inappropriate use of the Service and to take such measures as it sees fit. FunFamApps reserves the right to add to or amend this list of rules at any time.

You agree that you will not use the Services to:

  1. post, email, transmit, upload, or otherwise make available content that harasses, abuses, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification.
  2. stalk or otherwise harass another.
  3. post, email, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so.
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
  5. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  6. post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly allowed herein.
  7. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  9. intentionally or unintentionally violate any applicable local, state, national or international law.

Violation of our rules may result in the removal of your content from the Service and/or the canceling of your account.

You understand that all materials submitted by users (“User Materials”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not FunFamApps, are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will FunFamApps be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Service.

You acknowledge that FunFamApps may or may not pre-screen User Materials, but that FunFamApps and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Service. Without limiting the foregoing, FunFamApps and its designees shall have the right to remove any User Materials that violate the TOU or are otherwise objectionable in FunFamApps’s sole discretion. You understand that by using the Service, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Service.

With respect to User Materials you submit or make available on the Service, you grant FunFamApps an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.



Notice and procedure for making claims of copyright or intellectual property infringement


FunFamApps may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FunFamApps’s Copyright Agent with a Notice containing the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
  7. FunFamApps’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following way:

By email:
info@fanfumapps.com



Non-commercial use


By registering for the Service, you acknowledge and agree that the Service is for personal use only. You may copy information from the Service for personal use, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service.



Indemnity


You agree to indemnify, defend, and hold FunFamApps and its subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any transaction resulting from use of the Service, your connection to the Service, your violation of these Terms, and/or your violation of any rights of another.



Modifications to Service


FunFamApps reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), including the Restricted Areas, with or without notice. You agree that FunFamApps shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.



Termination


You agree that FunFamApps may immediately terminate your access to the Restricted Areas in its sole and absolute discretion and without notice or liability to you or any third party. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account(s) may include (a) removal of access to all offerings within the Service’s Restricted Areas, and (b) barring further use of the Service’s Restricted Areas.



Dealings with advertisers


Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Service, such as through banner ads or hyperlinks displayed on the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that FunFamApps shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Service.



Links


The Service may provide links to other World Wide Web sites or resources. Because FunFamApps has no control over such sites and resources, you acknowledge and agree that FunFamApps is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FunFamApps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.



Our proprietary rights


All title, ownership and intellectual property rights in and to the Service are owned by FunFamApps or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by FunFamApps, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.



Disclaimer of Warranties


You expressly understand and agree that:

  1. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. FunFamApps expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. FunFamApps assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content.
  2. Any content downloaded or otherwise obtained through the Service is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results form the download or use of any such content.
  3. No advice or information, whether oral or written, obtained by you from FunFamApps or through or from the Service shall create any warranty not expressly stated in the TOU.


LIMITATION ON LIABILITY


YOU UNDERSTAND AND AGREE THAT FUNFAMAPPS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FUNFAMAPPS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FUNFAMAPPS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FUNFAMAPPS FOR THE SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SERVICE.



Exclusions and limitations


Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.



No third-party beneficiaries


You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.



Notice


FunFamApps may provide you with notices, including those regarding changes to the TOU, by email, regular mail, or postings on the Service; provided, however, that this Section places no requirements on FunFamApps not already expressly set forth herein.



Trademark


FunFamApps and other names, logos and marks are the trademarks and service marks of FunFamApps or its Licensors or Affiliates (the “FunFamApps Marks”). You agree that you will not display the FunFamApps Marks, or use the FunFamApps Marks in any manner, without the prior written permission of FunFamApps.



Disputes


Any controversy or claim arising out of or relating to the TOU, with the exception of those controversies or claims specifically excluded below, shall be settled by binding arbitration in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules (“AAA Rules”), and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.

You and FunFamApps agree that any arbitration shall be limited to the dispute between FunFamApps and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is not right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

You and FunFamApps agree that the following disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or FunFamApps’s intellectual property rights; and (2) any claim for injunctive relief.



General Information


Entire Agreement. The TOU constitutes the entire agreement between you and FunFamApps with respect to the Service and supersedes any prior agreements, oral or written, between you and FunFamApps.

Waiver and Severability of Terms. The failure of FunFamApps to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles. The section titles in the TOU are for convenience only and have no legal or contractual effect.



Violations


Please report any violations of the TOU to: USA 101 Jefferson Dr Menlo Park, CA 94025; info@funfamapps.com