Terms And Conditions Of Use

Welcome, and thank you for using FunZippy!

The following Terms and Conditions of Use (the “Terms of Use”) are between you and Funzippy (“Funzippy,” “us,” “we,” or “our”) and it applies to your use of the Funzippy website at https://www.funzippy.com , and all the services, the features and contents that may be made available to you through them (the “Services”).

The Funzippy website and its content are intended solely for users who are aged 16 or over the legal age in the country. Any registration for or use of the services we provide by anyone under the age of 16 is unauthorized, unlicensed and in breach of the Terms herein. You certify that you are of the legal age of majority in the jurisdiction in which you reside or, if you are between the ages of 16 and the legal age of majority, that you are using the service with the supervision of your parent or legal guardian who agrees to be bound by the Terms, and that you have reviewed the Terms with your parent or guardian so that you both understand all of your rights and obligations.

YOUR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS MADE AVAILABLE HEREIN; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

Privacy Policy

Your privacy is important to us and so we encourage you to please read and understand our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Modification of these Terms

We reserve the right to make changes to these Terms of Use at any time and at our discretion. If you do not agree with such changes you should cease using the Service. Your continued use of the Service after any such changes to the Terms of Use shall be deemed acceptance of any such new or modified terms.

Eligibility and registration

You may need to register for an account to access some or all of our Services. Before you create an account, you confirm that you are eligible to use our service. By using the service, you warrant and represent that:

  • You are at least 16 years old or of the legal age in your jurisdiction old and you have the capacity, right and authority to enter a legal agreement and will abide by all the provisions of these Terms of Use;
  • You have not been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others;
  • You have not been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity.

If you register for an account with Funzippy, you shall provide us with accurate and complete registration information (including, but not limited to your email address and/or mobile telephone number and a password you will use to access the Service). You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Funzippy account.

If you register for an account with Funzippy, you shall provide us with accurate and complete registration information (including, but not limited to your email address and/or mobile telephone number and a password you will use to access the Service). You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Funzippy account.

  • Select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person;
  • Create an account for anyone other than yourself without such person's permission;
  • Be disrespectful when communicating with any other user of the service;
  • Create a user name or account that is subject to any rights of a person other than you without appropriate authorization; or
  • Create a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Funzippy reserves the right to refuse registration of, or cancel a user name, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You shall never use another user's account without such other user's prior express permission. You accept responsibility for all activities that occur under your User Account you will immediately notify us in writing of any unauthorized use of your account or other account related security breach of which you are aware.

Service, License and Restrictions

Funzippy provides you with access to some great and interesting contents! The Service allows users to get access to events and related activities. These events and activities listed on our website are not created nor organized by FunZippy. We intend that the information made available on our website will be provided to serve as a general overview on matters of interest. The information on our website is not intended to be comprehensive up to your expectation, nor does it constitute advice or our recommendation in any way. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the information made available to you on our website. So in order to use the Content, the Services and Platform, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable license to it.

You acknowledge and agree that certain events, information and services made available through the Website may require users to purchase and/or register prior to being granted access. Where any event or service requires a purchase and/or registration, you agree that you will comply with the required purchase or registration process and observe and be bound by applicable Terms to such event.

Subject to these Terms of Use, you are granted the right to access the Service. To the extent you choose to access the Service, you do so at your own initiative and agree to use the Service only as permitted by these Terms of Use and any applicable law, regulation, or additional policies or guidelines we may make available. The Service, or any feature or part thereof, may not be available in all languages or in all countries and we make no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. You must not:

  • Access or use the Service in any manner that attempts to copy, extract, scrape or reutilize any portions of the data or content provided by the Service, including bulk downloads or feeds of map data or imagery, or the creation of any databases based upon results from the Service;
  • Remove, obscure or alter any copyright notices, trademarks, or any other proprietary rights or legal notices, documents or hyperlinks that may appear in or be provided through the Service;
  • Reproduce, modify, translate, or create derivative works of the Service or any portion thereof;
  • Decompile, decrypt, reverse engineer, disassemble, or attempt to derive the source code of, the Service or any portion thereof, except as and only to the extent this restriction is prohibited by applicable law;
  • Rent, lease, loan, sublicense, publish, transfer, sell, or redistribute access to or use of the Service, or any portion thereof, in any manner;
  • Bypass any security or other features of the Service designed to control how the Service is used, harvest, or mine User Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
  • Use, display, mirror, frame, or utilize framing techniques to enclose the Service or any content available through the Service (“Content”) or any portion or component of the Service, unless and solely to the extent we provide the means for embedding any part of the Service or the Content;
  • Exploit the Service in violation of these Terms of Use or in any unauthorized way whatsoever, including, but not limited to, using the Service to transmit any computer viruses, worms, trojan horses or other malware, or by trespass, burdening network capacity, or otherwise interfering with other users’ enjoyment of the Service; or
  • Use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and you agree that Funzippy is not in any way responsible for any such use by you.
Intellectual Property Rights

(a) You acknowledge that the Content on the platform is subject to copyright, trademark and possibly other intellectual property rights. In these Terms and Conditions, "Content" means anything that you may see, read, hear, upload, download or access on or via the platform (including but not limited to messages, files, data, software, images, artwork, graphics, design, photographs, illustrations, text, music, songs, videos, tags and other materials or subject-matter on the platform.

(b) Unless you are expressly authorized by us, or otherwise by law, you must not do any of the following yourself or permit or authorize any other person to:

  • Sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the Content (or any readily identifiable portion of the Content) in any way without our prior written consent; or
  • Otherwise, infringe the intellectual property rights of any person in using the platform or any Content.
  • (c) Nothing you do on or in relation to the Platform will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated.

    (d) You agree that Funzippy owns the copyright and trademarks in the marketing logo, the domain name(s), the advertising tag line(s), and the corporate logo (the Funzippy Trademarks). Funzippy reserves all rights in relation to the Funzippy Trademarks. You agree not to use any of the Funzippy Trademarks without our prior written consent. All other trademarks appearing on the Platform are the property of their respective owners.

User Content made available on the Service and Our rights to such content

Certain contents on the website may be made available by other users of the service; including videos, images, folders, photos, text, opinions and other types of contents (“User Content”). When you make use of our website and services, you may also be submitting digital generated contents to the platform.

As between you and Funzippy, you retain ownership of whatever content you upload to the service as a user. Nevertheless, you grant us a non-exclusive, transferable, perpetual, sub-licensable, royalty-free, non-revocable and worldwide license to host, copy, modify, reproduce, edit, publish, create derivative works from, publicly display, distribute and otherwise use the User Content to enable us to develop, make available, promote and improve the Funzippy platform and service.

Also, by making available contents on the platform, you grant all users of the Funzippy service the permission to view your uploaded contents for their personal, non-commercial purposes. This includes the right to save such content such as city images, videos, events, schedules, tours and guides within the Funzippy platform.

Safety; Your Interaction with other Users

Though, we encourage a respectful and seamless user experience during an event, we will not be held responsible for the conduct of any user on or off the Funzippy platform. You agree to use caution and apply common sense in all interaction with other users, especially in the event when you decide to communicate off the platform or meet in person.

By making use of the service in whatever way permitted herein; you agree to be solely responsible for your interactions with other users. You understand that we do not conduct criminal background checks on our users or otherwise inquire into the background of its users. We make no representations or warranties as to the conduct of users.

User Content Representation and Warranties

Although, we are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content, Funzippy may, however, screen and approve all user content before they are made available on the website.

Also, at any time and without prior notice, we may screen, remove, edit, refuse to publish, or block any User Content that in our sole judgment considers that;

  • The Content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt;
  • Violates the terms provided herein this Terms of Use;
  • The content is false or misleading;
  • Publication of the Content will infringe intellectual property rights (including copyright) or a person's moral rights;
  • The content is offensive, abusive or obscene;
  • or is otherwise objectionable.

You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. Certain contents made available through the Funzippy platform are not owned by Funzippy but by other users or third parties, and Funzippy does not control or actively monitor the content and we expressly disclaim any and all liability in connection with such Content.

Ticket Fees, Purchase Terms, Changes in Event and Refunds

The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content. Funzippy may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on Funzippy with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information.

No Warranties

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK. FUNZIPPY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNZIPPY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FUNZIPPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

Any and all content provided by the Service is made available for informational and planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where an erroneous, inaccurate, time-delayed or incomplete location or map data may lead to personal injury, property or environmental damage.

Funzippy and its licensors reserve the right to change, suspend, remove, or disable access to the Service, or any feature or part thereof, at any time without notice or liability. We may also impose limits on the use of or access to the Service, or any feature or part thereof, in any case, and without notice or liability.

Limitation of Liability

NEITHER FUNZIPPY NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE, INCLUDING ANY INTERRUPTIONS DUE TO SYSTEM FAILURES, NETWORK ATTACKS OR SCHEDULED OR UNSCHEDULED MAINTENANCE.

THE AGGREGATE LIABILITY OF THE FUNZIPPY ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS TERMS AND CONDITIONS OF USE, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FUNZIPPY FOR ACCESS TO AND USE OF THE SERVICE IN THE TRIP PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100.

Indemnity

You are responsible for your use of the service, and you agree to indemnify and hold Funzippy, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any demands, loss, liability, claims or expenses (including attorneys’ fees) arising out of your violation of these Terms of Use and/or use of the Service.

Choice of Law

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to and construed in accordance with the laws of the state of Texas, U.S.A., without regard to its conflict of laws rules.

Disputes Resolution; Arbitration

Any dispute or claim relating in any way to your use of the app and services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights

Changes to This Agreement and Services

Funzippy is free to revise these Terms or any other part of this Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the app, notifying you through the Services, by sending you an email, and/or by some other means. By continuing to use our Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.

We’re always trying to improve the Service, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.

How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our services, please feel free to contact us at support@funzippy.com.

Thank you for reading our Terms. We hope you enjoy using Funzippy!