Terms of Service
Thanks for using our products and services ("Service"). The Service is provided by Funteractive Learning ("Funteractive").
These Terms of Service ("Terms") govern your use of the Service, including its features, apps, services, technologies, and software.
If you are using the Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms of Service on behalf of the Organization. In that case,"you" and "your" may refer to the Organization.
Please read these Terms of Service carefully. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE.
Using our Service
You must follow any policies made available to you within the Service. You may only use our Service as permitted by law. We may suspend or terminate our Service to you at any time if we find your use of our Service violates the Terms and/or any policies or if we are investigating suspected misconduct.
Using our Service does not grant you ownership of any intellectual property rights in our Service or the content you access. You may not use any copyrighted content from our Service unless you obtain permission from the content owner and/or are otherwise permitted by law. The Terms do not grant you the right to use any branding or logos used in our Service.
You must not abuse and/or misuse our Service, including but not limited to, doing the following things:
* Using the Service for any unlawful purposes or activities.
* Uploading any content to the Service in violation of any applicable law, including but not limited to, intellectual property laws and publicity laws.
* Violate any code of conduct or other guidelines which may be applicable.
* Accessing or tampering with the Service's server systems.
* Abusing or submitting excessively frequent requests to the Service via the API.
* Restrict or inhibit any other user from using and enjoying the Service.
* Create a false identity for the purpose of misleading others.
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Harvest or otherwise collect information about others, including e-mail addresses.
* Sending unsolicited promotions or advertisements.
Funteractive, in its sole discretion, will determine abuse and/or misuse of our Service.
Your Content in Our Service
Our service allows you to create, upload, download and store content, including but not limited to, information, text, graphics, videos, audios, or other material ("Content").
You retain ownership of any intellectual property rights that you hold in that Content. When you create, upload, store, send or receive Content to or through our Service, you give Funteractive and its service partners a worldwide license to host, store, upload and download this Content and only for the purpose of providing Service strictly to you and your use of the Content.
We reserve our right at all times, but are not obligated, to remove or refuse to distribute any Content through the Service including your Content.
Software in Our Service
When the Service requires or includes downloadable software, this software may update automatically on your device once a new version or features become available. Some platforms may let you adjust your automatic update settings.
Funteractive gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Funteractive as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Funteractive, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of the software, unless local laws prohibit those restrictions or you have our written permission.
Modifying and Terminating Our Service
Funteractive may add or remove functionalities or features in the normal course of improving, changing, and/or updating the Service. We may also suspend or stop our Service with at least thirty (30) days notice prior to the complete shutdown of our Service.
You can choose to stop using our Service at will. We may also stop providing Service to you, or add or create new limitations to our Service at any time as detailed in the Terms.
Premium Features and Payments
You may use our free Features or paid Premium Features("Premium") depending on your need.
When a free trial of Premium is offered, you will have access to all Premium features. After the free trial period, if you choose not to upgrade to Premium, features available to you will be limited to free Service. We do not guarantee when, if ever, Premium features will be available in the free Service. You will be charged with the amount shown on Pricing before you can access Premium. All prices shown on Pricing are inclusive of any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities, and you are responsible for the forwarding/remittance of all such taxes, levies, or duties (except for E.U. Customers, where the Euro pricing includes mandatory E.U. VAT charges).
BY PURCHASING PREMIUM YOU EXPRESSLY UNDERSTAND AND AGREE TO OUR REFUND POLICY:
WITHIN SEVEN (7) DAYS OF YOUR PREMIUM PAYMENT DATE AS SHOWN ON YOUR PAYMENT BILL, YOU CAN REQUEST A FULL REFUND BY CONTACTING US. NO REFUND OF ANY KIND WILL BE PERMITTED IF YOU HAVE CONSUMED THE PREMIUM FEATURES OR AFTER SEVEN (7) DAYS OF YOUR PREMIUM PAYMENT DATE.
FOR ANY CUSTOMER WHO PURCHASED PREMIUM IN GOOGLE INC.'S PLAY STORE ("PLAY STORE"). PLEASE REFER TO GOOGLE INC.'S SUPPORT PAGE FOR DETAILED INSTRUCTIONS.
FOR ANY CUSTOMER WHO PURCHASED PREMIUM IN APPLE INC.'s APP STORE ("APP STORE"), PLEASE CONTACT APPLE INC.'s SUPPORT TEAM. APP STORE DOES NOT ALLOW DEVELOPERS TO ISSUE REFUND FOR APP STORE PURCHASES MADE BY CUSTOMERS.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, SUPPLIERS, LICENSORS, OR AGENTS (COLLECTIVELY, THE "FUNTERACTIVE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) OUR CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICE. IN ADDITION, THE FUNTERACTIVE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
THE FUNTERACTIVE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES AND SECURITY BREACHES OF ANY KIND. THE FUNTERACTIVE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE FUNTERACTIVE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FUNTERACTIVE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE FUNTERACTIVE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
License Limitations
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY OF OUR SITES OR SERVICE IS A VIOLATION OF OUR POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR WE SUSPECT THAT YOU ARE, FAILING TO COMPLY WITH ANY 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 ACCOUNT AND ANY USER CONTENT 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 WE ARE 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 SERVICES AND SITES, AND THEIR CONTENT, 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.
We reserve the right to stop offering and/or supporting the Service or a particular part of the Service at any time either permanently or temporarily. In such event, we shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE FUNTERACTIVE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) OUR CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FUNTERACTIVE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FUNTERACTIVE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE FUNTERACTIVE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FUNTERACTIVE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE TOTAL AMOUNT PAID BY YOU UNDER THE CURRENT ACTIVE SUBSCRIPTION TERM.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FUNTERACTIVE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE FUNTERACTIVE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE FUNTERACTIVE PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Unsolicited User Submissions Policy
It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree to the following:
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to us via our Service, our sites, by e-mail or telephone, by mail, or otherwise disclosed, submitted or offered in connection with your use of this Service (collectively, "User Submissions") you grant us a royalty-free, irrevocable, transferable right and license to use the User Submissions however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium, or technology throughout the world.
We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any User Submissions you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay to user any compensation for any User Submissions; or (3) to respond to any User Submissions. You agree that any User Submissions submitted by you to us will not violate the right of any third party, including without limitation, copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no User Submissions submitted by you to us will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam"."
By using this Service, you agree to the above terms regarding User Submissions. Please note that User Submissions shall not under any circumstances be considered Content as defined in the section "Your Content in Our Service" above.
Changes to these Terms of Service
From time to time, Funteractive may modify existing terms and/or update these terms with additional terms that apply to the Service. For example, we may modify existing terms to reflect any mandatory changes to the law. You should check the terms regularly to keep informed. Funteractive will post notice of modification to these Terms on this page. Changes will not apply retroactively and will become effective fourteen days after they are posted on our website. However, changes addressing new functions for the Service or changes made for legal reasons may be effective immediately. If you do not agree with the modified Terms, you should discontinue your use of our Service.
Please check back periodically to keep informed of updates or changes to this Terms of Service.
By continuing to access and to use our App/Website, you are agreeing to be bound by the revised terms.
