1.Acceptance
a) Our App. These Terms of Use (the “Terms”) dictate your usage of FunFam LLC (the “App”). The Terms act as a legally binding contract, applicable even if you are merely browsing without the intention to contact us or register an account. The phrases “us,” “we” or “our” refer to the owners and managers of this App. The phrase “you” refers to the user of the App. Be sure to familiarize yourself with our Privacy Policy, as it outlines our protocols regarding your personal data. You may not use the App if you disagree with these Terms or the Privacy Policy. We occasionally update these Terms and the App itself. While we don’t inform users of every single update, you can see the last modification date at the top of this page. Should you continue using the App following updates to it and/or its Terms, you agree to the changes.
b) Parental Consent. Children under 13 can only use our App with the verified consent of a parent or guardian. If you provide such consent, you hold responsibility for your child’s actions on the App and for any activities under your child’s account. You agree to abide by these Terms and the Privacy Policy.
c) Third Parties. The App may reference third-party websites and rely on third-party services for support. We bear no liability for any third-party platforms and cannot assure their performance. We do not control all content submitted to the App. We accept no blame for user submissions or third-party content within the App.
2. Intellectual Ownership
a) Our Intellectual Ownership. All intellectual property rights in relation to our App content, logos, trademarks (registered or unregistered), and data are owned by us and our content providers. Our intellectual ownership rights are safeguarded by U.S. law and international intellectual property conventions. Using our App doesn’t grant you ownership of any of our intellectual property rights. However, you are permitted to view and print this App’s content for personal use. Any rights not expressly granted in these Terms or any other written agreements between you and us are reserved by us. We are under no obligation to compensate you for any feedback that you voluntarily provide which we choose to use or implement.
b) Copyright Infringement. We address copyright infringement with seriousness. If you identify any infringement on our App, please report it to us and we will duly investigate.
3. Responsibilities of the User
When using this App, you acknowledge and consent to the following:
b) The App is designed solely for personal, non-commercial use.
c) We may send you notifications, newsletters, and promotional offers via the email you used to sign up. More details can be found in our Privacy Policy.
d) You agree not to share your password or allow others to use your account, unless explicitly authorized by us. You are responsible for all activities that occur under your account. Any security breach, including loss or theft of your password, should be reported immediately to [email protected].
e) The registration of duplicate accounts is not permitted.
f) Any submission you make (e.g., a review) should be honest and not misleading. We reserve the right to terminate any account for posting dishonest or misleading reviews, comments, or other content. Furthermore, we reserve the right to edit, reject, or erase any content submitted to us without prior notice.
g) You should obtain our permission before copying anything from our App for republication.
h) Our App should not be used for any illegal activities.
i) We reserve the right to terminate any account at our own reasonable discretion, without providing prior notice or incurring liability.
j) The use of bots, crawlers, indexers, web spiders, harvesters, or any similar automated processes is not allowed on our App.
k) You should not disrupt the proper functioning of the App.
4. Confidentiality
You are prohibited from utilizing or revealing any confidential data related to our business, users, operations, and properties without our direct, prior written consent. You pledge to take all plausible measures to guard the secrecy of our confidential information and prevent its disclosure or use.
5. Violation of these conditions
If a user infringes upon these Terms or any legal regulations, we possess the right to, without restriction:
- prohibit that user from accessing the App;
- reveal the user’s identity to the authorities and assist in their investigations;
- erase or manage the user’s content;
- execute any other action permitted by law.
6.Warranty Disclaimer and Limitations on Liability
A) ALL THE INFORMATION AND SERVICES THAT WE PROVIDE ON THIS APP ARE SUPPLIED ON AN “AS IS” BASIS AND ARE TO BE UTILIZED AT YOUR OWN RISK. IT IS SUGGESTED THAT YOU CONDUCT YOUR OWN RESEARCH BEFORE RELYING ON ANY INFORMATION OR SERVICES PROVIDED ON THIS APP. WE DISCLAIM ALL WARRANTIES, WHETHER THEY ARE EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THE GUARANTEE THAT DEFECTS WILL BE RECTIFIED, AS WELL AS UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
B) WE BEAR NO LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE HAD BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES. FURTHERMORE, WE SHALL NOT BE HELD ACCOUNTABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE THAT IS CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES, IF ANY, THAT WE HAVE RECEIVED FROM YOU. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OF CERTAIN WARRANTIES, SO THE LIMITATIONS SET OUT IN THIS SECTION MAY NOT APPLY TO YOU.
7. Compensation for Loss
You agree to protect, compensate and absolve our company, its officers, directors, employees, and agents from any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to lawyer’s fees) that may arise from:
- your usage of and access to the App;
- your breach of any term of these Terms;
- your infringement of any third-party rights, including but not limited to copyright, property, or privacy rights;
- any allegation that one of your user submissions has inflicted damage to a third party.
8. Subscriptions & cancellations
The handling of payments, taxes, cancellations, and refunds is managed by the application stores that host our App. Our influence over any aspect of your subscription purchased through an app store is quite limited. Therefore, you should comply with the instructions of the app store where you bought the App for any payment, cancellation, and refund procedures. In order to terminate auto-renewal, turn off this feature from your app store account settings at least 24 hours before the conclusion of the existing billing cycle.
9. Dispute Resolution
The arbitration will be administered by the American Arbitration Association (“AAA”) according to the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”) that are current at that time, but modified by this Dispute Resolution section. (These AAA Rules can be accessed at https://www.adr.org/Rules, or you can contact the AAA via phone at 1-800-778-7879.) The interpretation and implementation of this section will be governed by the United States Federal Arbitration Act
10. General
a) Communication. You consent to us communicating with you electronically, whether it be via SMS, push notifications, email or phone calls. All electronic communications will carry the same legal weight as if they were made in a written format.
b) Relationship of the Parties. The relationship between you and us is as independent contractors. In other words, no partnership, joint venture, employer-employee or a similar type of arrangement exists.
c) Hyperlinks. You are permitted to create a link to our App, however it must be done in a manner that doesn’t negatively impact our business or suggest any form of non-existing association. The presence of links on our App to third-party sites does not imply our endorsement or that we assume any responsibility for them, and vice versa.
d) Severability. If a portion of these Terms is deemed unenforceable, only that specific part will be rendered unenforceable, without impacting the rest of the Terms.
e) Assignment. At our sole discretion, we reserve the right to assign or subcontract our rights or obligations under these Terms.f) Waiver. If we do not exercise any rights under these Terms, it must not be construed as a waiver of our right to do so in other circumstances. A waiver will only be deemed valid if it is in writing, signed by us.
g) Prevailing Language. In case of any inconsistencies or conflicts between the English version of these Terms and any translated version, the English version will take precedence.
11.VIOLATIONS
Any violations of the Terms of Use should be reported to [email protected]