Terms of Service (FunZippy)
Welcome to FunZippy (“FunZippy,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of funzippy.com, our mobile apps, and related features (collectively, the “Services”). By using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
1) Who we are (marketplace status)
FunZippy is an event discovery and ticketing marketplace. Unless we say otherwise, events are created and managed by third-party organizers (“Organizers”), not by FunZippy. We don’t guarantee event quality, safety, legality, or availability. See §11 (Disclaimers) and §12 (Limits of Liability).
2) Eligibility & accounts
- You must be 16+ (or the age of majority where you live) to use the Services. If you’re 16+ but under the age of majority, you may only use the Services with a parent/guardian who accepts these Terms.
- Keep your account info accurate and secure. You’re responsible for all activity under your account and must notify us promptly of any unauthorized use.
3) Your responsibilities & acceptable use
Do not misuse the Services. For example, you may not: break the law; harass others; upload illegal, infringing, or malicious content; scrape, bulk-download, or reverse-engineer the Services; bypass security; or interfere with other users’ experience; re‑sell, frame, or mirror the Services except through features we provide (e.g., official widgets).
4) User-generated content (UGC)
You retain ownership of content you submit (text, images, video, etc.). You grant FunZippy a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, modify (e.g., for formatting), publish, and display your content only to operate, promote, and improve the Services. We may (but don’t have to) review or remove content we believe violates law or these Terms. You are responsible for the content you post and for having all rights needed to post it.
Copyright/DMCA: If you believe something on the Services infringes your copyright, email events@funzippy.com with: (a) your signature; (b) the work claimed infringed; (c) the material’s URL; (d) your contact info; (e) your good‑faith statement; and (f) your statement under penalty of perjury that your notice is accurate and you’re authorized to act.
5) Events, tickets, and refunds
- Organizer role. Organizers set event details, ticket types/prices, seating, and their own refund/exchange policies unless a FunZippy policy says otherwise. Organizers are solely responsible for changes, cancellations, entry policies, age limits, and compliance.
- Your purchases. When you buy a ticket, you enter a contract with the Organizer. Fees and taxes are shown at checkout. Review the event page and refund policy before purchasing.
- Cancellations/changes. If an event is canceled, postponed, or significantly changed, the Organizer is responsible for the remedy (refund, exchange, or alternative). We may assist with communications and payment processing but are not the event producer.
- Transfers & resale. Where enabled by the Organizer, you can transfer tickets within the app. Unapproved resale or scalping may result in voided tickets without refund.
- Entry & QR codes. Keep your ticket/QR code secure. Lost, stolen, or duplicated codes may be denied at the door.
6) Fees, payments, and chargebacks
- Processing. Payments are processed by third-party providers. By paying, you agree to their terms.
- Service fees. We may charge buyer and/or Organizer fees disclosed at checkout or in your Organizer dashboard. Fees are non‑refundable except where required by law or explicitly stated.
- Chargebacks. If you dispute a charge, we may share relevant data with the payment provider, pause payouts, or recover amounts from you (including fees/penalties) where a chargeback is resolved against you.
7) Organizer terms (if you host events)
- Provide accurate event info and honor your published refund/exchange policy.
- Comply with applicable laws (permits, safety, capacity, accessibility, marketing/telecom rules, tax collection/remittance where applicable).
- Deliver the event as described or provide the agreed remedy.
- Do not use attendee data beyond what your privacy disclosures allow (no selling of personal data, spamming, or unlawful marketing).
- Maintain your own insurance as required for your event/venue.
- Authorize FunZippy to collect fees, process refunds per your policy or law, and withhold or set off amounts to address chargebacks, suspected fraud, or policy violations.
8) Intellectual property
All FunZippy software, logos, content, and trademarks are owned by FunZippy or its licensors and protected by IP laws. You may not use our marks without written permission. See also the UGC license in §4.
9) Privacy
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share data. Some features involve third‑party services (e.g., payments, log‑in). Those services’ privacy terms apply to your use of them.
10) Changes and service availability
We may change or discontinue features at any time. We’ll try to notify you of material changes to these Terms (e.g., via banner, email, or in‑app notice). Continued use means you accept the updated Terms.
11) Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT). We do not control or guarantee third‑party content, venues, performers, or attendee conduct, and we do not promise that events will occur as scheduled.
12) Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNZIPPY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS/REVENUE/GOODWILL/DATA, EVEN IF ADVISED OF THE POSSIBILITY. Our aggregate liability for claims relating to the Services shall not exceed the greater of (a) the fees you paid to FunZippy in the 12 months before the claim, or (b) USD $100. Some jurisdictions don’t allow certain limits; in those places, we limit our liability to the extent permitted.
13) Indemnification
You agree to indemnify and hold harmless FunZippy and its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of your (a) misuse of the Services, (b) violation of these Terms, (c) violation of law, or (d) content you provide.
14) Disputes; arbitration; class-action waiver
Arbitration. Any dispute with FunZippy will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. Either party may bring qualifying claims in small‑claims court.
Class‑action waiver. Disputes are resolved only on an individual basis; no class, consolidated, or representative actions are permitted.
Opt‑out. You may opt‑out of arbitration/class‑action waiver within 30 days of first accepting these Terms by emailing events@funzippy.com with subject “Arbitration Opt‑Out” and your account email.
15) Governing law; venue
These Terms are governed by the laws of the State of Texas, U.S.A., without regard to conflict‑of‑law rules. Subject to §14, exclusive venue for any non‑arbitrable claim is the state or federal courts in Dallas County, Texas.
16) Termination
We may suspend or terminate your access at any time for any reason, including suspected fraud, policy violations, illegal activity, or at the request of an Organizer or authority. You may stop using the Services at any time. Sections that by nature should survive (e.g., §§4–15) survive termination.
17) Communications & notices
By using the Services, you agree we may send you service notices and transactional messages (email, SMS, in‑app). You can manage marketing preferences in your account. Legal notices may be sent to your account email.