Funzy's Terms of Use

  1. ACCEPTANCE OF TERMS
    The following instrument consists of the terms and conditions governing your ("you" or "user") access to and use of Funzy Ltd.'s ("Funzy" or "We") mobile application (the "App"). These Funzy Terms of Use together with the Funzy Privacy Policy (the "Terms") constitute a binding agreement between you and Funzy, and by continuing to use and/or utilize the App (in whole or in part) in any way or manner you agree to abide by, and that you are bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the App and avoid making any use of the App.

    ARBITRATION NOTICE. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE IN SECTION 13 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED IN SECTION 13, USERS FROM THE U.S.A. AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION AND USERS FROM THE U.S.A. AND THE COMPANY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

    We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the App. You should check our App periodically and review changes to the Terms at the following URL: https://www.funzy.games/terms. By continuing to use the App following such modifications, you agree to be bound by such modifications. If you do not agree to the provisions of these Terms, please discontinue your use of the App and delete all of the Apps from your devices. 

  2. LIMITED LICENSE TO ACCESS THE APP
    Subject to the terms and conditions set forth herein (including, without limitation, payment of the applicable Fees), Funzy hereby grants you, and you hereby accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal non-commercial use of the App solely for entertainment purposes, only according to the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof. 

  3. LIMITATIONS ON USE
    You undertake to use the App solely for your own personal use for amusement purposes only and for no other purpose whatsoever. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the App and/or the Funzy IPR (as defined below); (iii) refer to the App by use of framing and/or deep-linking; (iv) make use of the App in any jurisdiction where same are illegal or which would subject Funzy or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the App for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the App through or use with the App any unauthorized means, App or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of this App; (viii) distribute, publish, send, or facilitate the sending of any advertisements, spam, inappropriate, inaccurate, misleading, fraudulent, libelous, defamatory, offensive, threatening, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined below) of third parties or their right for privacy; (ix) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the App and/or any other software available on the App or create derivative works thereof; (x) create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, harass, stalk or threaten any user; (xi) attempt to obtain passwords or other private information from other users including personally identifiable information in any form or manner whatsoever, including, without limitation, identification documents, or financial information; (xii) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the App; (xiii) develop, distribute, use, or publicly inform any third party of any script, application, code, error or bug, which may provide access to features or parts of the App or any advantage or feature not as intended by Funzy, including, without limitation, "auto" programs, "macro" programs or any other "cheat utility"; (xiv) deal with Virtual Content (as defined below) in a manner not explicitly permitted by Funzy, including transferring Virtual Content to third parties, selling or re-selling Virtual Content or obtaining or acquiring Virtual Content not in a manner approved by Funzy; (xv) access or use an account which has been rented, leased, sold, traded or otherwise transferred from the account creator without Funzy' prior written permission; (xvi) engage in any fraudulent activity, including, without limitation, in respect of payment methods or advertiser tracking mechanisms; (xvii) interfere with the ability of others to enjoy using the App, including, without limitation, by disrupting, overburdening or aiding the disruption or overburdening of the servers of the App, or taking actions that interfere with or materially increase the cost to provide the App for the enjoyment of all its users.
    You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the App.

  4. YOUR ACCOUNT

    During the process of creating an account to access the App, you may be required to select a password or to allow us to access your account information from a social network service. You are solely responsible for any actions performed in the App under your user name and password. Keeping your password safe is your sole responsibility. If you have any reasons to suspect that your password was discovered by any third party or that there was unauthorized access to your account you will immediately notify Funzy and modify your login information. The App is intended for use by users at least sixteen (16) years old, you hereby declare that you are sixteen (16) years old or older and undertake to monitor your account to ensure that no minor under that age has access to the App. You accept full responsibility for any unauthorized use of the App by minors and you acknowledge that you are responsible for any use of your credit card or other payment instruments by minors. 

  5. VIRTUAL GOODS
    You may be able to purchase virtual content ("Virtual Content"). Virtual Content: (i)  may cost real money; (ii) may not be redeemed for real money, goods, services, or any other item of monetary value from Funzy or any other party; (iii) is not transferable, refundable, or exchangeable, except in Funzy' prior written approval at its sole discretion, (iv) have no monetary value and are not personal property.  You understand that you have no right, title, or interest in any Virtual Content. You may not purchase, sell, or exchange Virtual Content outside the App, doing so is a violation of these Terms and may result in termination of your access to the App and/or legal action taken against you. 

    Funzy retains the right to manage, control, change and/or cancel Virtual Content or the way it works at its sole discretion and without prior notice, including, without limitation, the prices, and availability of Virtual Content and/or their discontinuation or removal from your account.  Virtual Content may only be purchased or acquired from us and through means, we provide on the App or as we otherwise expressly authorize in writing. We reserve the right to refuse your request to purchase and/or acquire Virtual Content for any reason. When purchasing Virtual Content, you agree to pay us the applicable charges for your purchase, including any and all applicable taxes and charges, using a valid charge card or other payment methods we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.  If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Content from us, you acknowledge and agree that we will begin the provision of the Virtual Content to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.

    You acknowledge that in the event that any of the following occurs, all of your Virtual Content and account content and information, including any virtual content, shall be irrevocably deleted: (i) if your account or these Terms terminate or expire for any reason; (ii) if the App or any data of the App (including cookies) is deleted from your device. 
     

  6. OWNERSHIP OF PROPRIETARY RIGHTS

    All the Intellectual Property Rights in and to the App, including, without limitation, any underlying software, algorithms, designs, creative content, sound and music, videos, information, text, pictures, videos, organization, structure, application "look and feel", features and all enhancements, improvements and derivatives thereto ("Funzy IPR") are the property of Funzy or its licensors, who retain all right, title and interest in connection therewith. 

    No transfer or grant of any rights is made or is to be implied by any provision of these Terms or by any other provision contained in the App with respect to the Funzy IPR or otherwise.|

    "Intellectual Property Rights" means worldwide (a) rights associated with works of authorship, designs, and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, and goodwill rights whether or not registered; (c) patents, patent applications, and industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
     

  7. USER WARRANTIES AND REPRESENTATIONS

    You represent and warrant to Funzy that you have, and will have at all times, all permits, consents and right, title and interest necessary to grant to Funzy any and all rights and consents in respect of your social network account information (e. g. Facebook photo and public information).

  8. PRIVACY

    Funzy privacy practices are governed by Funzy privacy policy available at https://www.funzy.games/privacy ("Privacy Policy").
     

  9. DISCLAIMER

    YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR SOLE RISK. THE APP, INCLUDING, WITHOUT LIMITATION, FUNZY IPR ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FUNZY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

    FUNZY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE APP OR THE SERVER(S) THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
     

  10. LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL FUNZY AND/OR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY LOSS OR  DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
     

  11. THIRD PARTY'S CONTENT

    Funzy does not control the availability and content of any third party websites, apps, or content referenced through links. Any concerns regarding any such service or resource, or any link thereto, should be directed to such a particular service or resource provider. Links are provided only as an informational resource, simply as a service, and only for your convenience. Funzy is not responsible or liable for such links and/or content. Should you leave the App via a link contained herein or therein and/or view content that is not provided by Funzy, you do so at your own risk and Funzy shall not be responsible or liable for damages or losses caused in connection therewith. In as much as you are redirected to linked sites, applications, and content, We recommend you to carefully read and abide by the terms of use and privacy policies of such applications, sites, and content.
     

  12. TERMINATION

    We may terminate these Terms and/or suspend your right to access or use any portion or all of the App immediately (including, without limitation, the license set forth in Section 2 above), at our sole discretion and without notice. Upon termination, you shall immediately cease using the App. The following Sections shall survive 1, 3-14.

    Without derogating from any other right and remedy provided to Funzy under the law and/or these Terms, Funzy reserves the right to limit or revoke your license and access to or use of the App in its sole discretion, at any time, and for any reason, including without limitation to technical difficulties or violation of these Terms. If you have more than one account, Funzy may terminate all of your accounts. In addition to the foregoing, Funzy may selectively remove, revoke, or garnishee Benefits associated with your account. "Benefits" mean any online or off-line elements or features of the App, including, without limitation, paid and free downloadable content, Virtual Content and other digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes or online authentication of any kind, and in-game achievements. If your license to use the App expires or is terminated, Funzy may, without notice, delete or deny you access to any of the App or metadata that may remain in its possession or control.
     

  13. BINDING ARBITRATION

    1. Applicability of Arbitration Agreement for USA Users. All claims and disputes between users from the USA and Funzy, arising out of or relating to this Agreement or the use of the App that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis ("Disputes"), except that you and Funzy are not required to arbitrate any dispute for enforcement or infringement of either party's Intellectual Property Rights ("Excluded Disputes"). Any and all Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

    2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Any Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less than $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    3. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

    4. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Funzy. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Funzy.

    5. Waiver of Jury Trial. YOU AND FUNZY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and Funzy are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and Funzy over whether to vacate or enforce an arbitration award, YOU AND FUNZY WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

    6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER, MARKETING AFFILIATE OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 13.12 below.

    7. Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to a court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

    8. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

    9. Opt-out. You may opt-out of this arbitration agreement. If you do so, neither you nor Funzy can force the other to arbitrate. To opt-out, you must notify Funzy in writing no later than thirty (30) days after first becoming subject to this Agreement. Your notice must include your name and address, the email address and phone number and your Game ID as shown in the app settings, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must submit a request at the following link: https://www.funzy.games/opt-out-arbitration.

    10. Small Claims Court. Notwithstanding the foregoing, either you or Funzy may bring an individual action in small claims court.

    11. Arbitration Agreement Survival. This arbitration agreement will survive the termination of this Agreement and your relationship with Funzy.

    12. Venue for Excluded Disputes. Excluded Disputes shall be governed by and construed exclusively in accordance with the laws of the State of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel Aviv-Jaffa, Israel in respect of Excluded Disputes and hereby submit themselves to the exclusive jurisdiction of these courts.

    13. U.N. Convention. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court.

  14. GENERAL
    (i) Excluded Disputes and disputes with non-USA users shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel-Aviv in respect of Excluded Disputes and disputes with non-USA users and the parties hereby submit themselves to the exclusive jurisdiction of these courts. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court; (ii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iii) this is the entire agreement between you and Funzy regarding the subject matter herein; (iv)  Funzy may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Funzy. Any unauthorized assignment will be void and of no force or effect; (v) unless stated otherwise in a written agreement between you and Funzy, Funzy may at its discretion, at any time, change the fees for the App and any features therein under any payment conditions as it deems fit. Such changes shall apply only to payments made after the change is made; (vi) nothing in these Terms shall be considered as granting any rights to third parties towards Funzy; (vii) the failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (ix) any cause of action arising out of or related to the service must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.

    If you have any further questions or require further clarification, please contact us by sending an e-mail to: contact@funzy.games
     

Last updated January 3rd 2021