Term & Services

Terms & Conditions

 

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to RF Capital Holding.

RF Capital Holding is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The funfun app app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the funfun app app won’t work properly or at all.

The app does use third party services that declare their own Terms and Conditions.

Link to Terms and Conditions of third party service providers used by the app

You should be aware that there are certain things that RF Capital Holding will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but RF Capital Holding cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

 

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, RF Capital Holding cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, RF Capital Holding cannot accept responsibility.

With respect to RF Capital Holding’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. RF Capital Holding accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on iOS – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. RF Capital Holding does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2021-02-01

This Terms and Conditions page was generated by

Please read these Terms and Services ("Agreement") carefully before using https://www.funfun.land/ (the "AppSite") and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by FunFun (all of those collectively with the Site, the "Services"). 

 

By using or accessing the services, you ("Subscriber" or "you") agree to be bound by all the terms and services of this Agreement. If you don't agree to all the terms and services of this Agreement, you shouldn't, and aren't permitted to, use the Services. 

 

FunFun’s personalized services cannot be provided and the terms of this Agreement cannot be performed without FunFun processing information about you and other users. Processing of the information you share with FunFun is essential to the personalized services which we provide and which you expect, including personalized content (as described below) and ads, and is a necessary part of our performance of the agreement we have with you.

 

2. MODIFICATIONS TO THIS AGREEMENT

FunFun reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the services (such as through a notification on your FunFun Dashboard or in our mobile application). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.

We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.

In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the Terms and Services of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the services.

3. USE OF THE SERVICES

Eligibility:

You may not use the services, provide any personal information to FunFun, or otherwise submit personal information through the services (including, for example, a name, address, telephone number, or email address) if you are under the Minimum Age. The Minimum Age is (i) thirteen (13), or (ii) for users in the European Union, sixteen (16) (or the lower age that your country has provided for you to consent to the processing of your personal data). You may only use the services if you can form a binding contract with FunFun and are not legally prohibited from using the services.

Service Changes and Limitations:

The services change frequently, and their form and functionality may change without prior notice to you. FunFun retains the right to create limits on and related to use of the services in its sole discretion at any time with or without notice. FunFun may also impose limits on certain services or aspects of those services or restrict your access to parts or all of the services without notice or liability. FunFun may change, suspend, or discontinue any or all of the services at any time, including the availability of any product, feature, database, or Content. FunFun may also terminate or suspend Accounts at any time, in its sole discretion.

Limitations on Automated Use:

You may not, without express prior written permission, do any of the following while accessing or using the services: (a) tamper with, or use non-public areas of the services, or the computer or delivery systems of FunFun and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by FunFun (and only pursuant to those Terms and Services) or unless permitted by FunFun's robots.txt file or other robot exclusion mechanisms; (d) scrape the services, and particularly scrape Content (as defined below) from the services; (e) use the services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the services, or by scripted use of the services in such a manner as to interfere with or create an undue burden on the services.

4. REGISTRATION, FUNFUN URLS, AND SECURITY

As a condition to using certain of the services and in order for us to provide them to you, you may be required to create an account (an "Account"), provide your age and an email address and select a password and FunFun username.

You agree to provide FunFun with accurate, complete, and updated registration information, particularly your email address. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify FunFun immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.

5. CONTENT AND SUBSCRIBER CONTENT

Definitions:

For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, Themes (as defined below), and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the services. Content includes, without limitation, all Subscriber Content.

 

Your Rights in Subscriber Content:

Subscribers retain ownership and/or other applicable rights in Subscriber Content, and FunFun and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.

 

Subscriber Content License to FunFun:

When you provide Subscriber Content to FunFun through the services, you grant FunFun a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the services are available), and create derivative works of, such Subscriber Content. 

 

The rights you grant in this license are for the limited purposes of allowing FunFun to operate the services in accordance with their functionality, improve and promote the services, and develop new services. 

 

You also agree that this license includes the right for FunFun to make all publicly-posted Content available to third parties selected by FunFun, so that those third parties can syndicate and/or analyze such Content on other media and services.

 

You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.

 

6. RELEASES FROM LIABILITY

You release, to the fullest extent permitted by law, FunFun and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, FunFun (the “FunFun Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:

  1. Disputes between Subscribers, including those between you and other Subscribers.

  2. The acts of third parties generally (i.e., individuals or entities who are not FunFun or a FunFun Affiliate), including third party sites and services.

  3. Disputes concerning any use of or action taken using your Account by you or a third party.

  4. Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNFUN AND THE FUNFUN AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FUNFUN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

 

8. TERMINATION

Either party may terminate this Agreement at any time by notifying the other party. FunFun may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, FunFun may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.

 

Upon termination of your access to or ability to use a service, including but not limited to suspension of your Account on a service, your right to use or access that service and any Content will immediately cease. All provisions of this Agreement that 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 services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to FunFun or any third party.

9. MISCELLANEOUS

This Agreement, as modified from time to time, constitutes the entire agreement between you and FunFun with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sub-licensable by you except with FunFun's prior written consent. FunFun may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint controllership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind FunFun in any respect whatsoever.