The Materials. The information and materials provided on or through the Website and/or Services, including without limitation, Site Items, and any other data, text, pictures, graphics, audio, video, icons, games, software, links, and other content, features and services available on or through the Website and/or the Services (collectively, the “Materials”), excluding Submissions (defined below), are intended to educate and inform you about us and our business and provide you with access to the Services. THE MATERIALS ARE PROVIDED “AS IS” AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK.
Intellectual Property. You acknowledge that the Materials, Services and Website are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights (“Intellectual Property”) owned by Funteek LTD, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Website, Services and Materials (and any Intellectual Property and other rights relating thereto) are and will remain the property of Funteek LTD. The trademarks, trade names, trade dress, logos, and service marks displayed on the Website or any Third Party Platform, are the registered and/or unregistered trademarks of Funteek LTD, Funteek’s licensors and vendors and/or other third parties. You acknowledge that the Intellectual Property is valid and protected in all media existing now or later developed and under Ukraine and foreign laws. You acknowledge that you do not acquire any ownership rights in or to the Intellectual Property. The Intellectually Property may not be used by you for any purpose without Funteek’s prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not Funteek’s, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Funteek LTD. Nothing contained on the Websites or available on any Third Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property. Except as expressly provided in a separate license agreement, Funteek LTD and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information.
Right to Modify. We reserve the right, at any time, to modify, suspend, or discontinue the Website, the Materials, the Services, or any part or parts thereof with or without notice. You agree that Funteek LTD will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and/or mobile device, as applicable, and account, if any, and are fully responsible for any and all activities that occur under your password and/or mobile device, as applicable, or account. You agree to (a) immediately notify Funteek LTD of any unauthorized use of your password and/or mobile device, as applicable, or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Funteek LTD will not be liable for any loss or damage arising from your failure to comply with this Section.
User Name & Password. You acknowledge that you shall be responsible for ensuring that any user name you select does not infringe any third party rights or is otherwise unlawful. Funteek LTD may refuse to grant you a username in its sole discretion for any reason including if it impersonates or misleadingly implies an association with the persona of another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and Funteek LTD reserves the right to revoke and/or reassign that username in its sole discretion. You understand and agree that Funteek LTD reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in Funteek’s sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. You agree not to transfer or resell or otherwise convey your Account or the right to use your Account or rights therein to anyone. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password and (ii) immediately notify us of the problem by e-mailing us at firstname.lastname@example.org (with the subject line: “Username Password Security Issues”).
Rewards: All Rewards made available in connection with the Service are promotional only. Such Rewards are made available directly by the relevant merchant providing such Reward (“Rewards Provider”) are redeemable solely for the applicable goods or services of the relevant Rewards Provider. The Rewards Provider, not Funteek, is the provider of the Rewards and such goods and services and is solely responsible for redeeming any Rewards you obtain. Funteek LTD will have no liability if a Rewards Provider refuses or fails to honor any Reward. In addition, the following terms and conditions also apply to all Rewards:
Redemption frequency is determined by the Rewards Provider.
Use of Rewards relating to alcoholic beverages is at the sole discretion of the Rewards Provider and is subject to compliance with applicable law.
Rewards cannot be combined with any other rewards, offers, vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Rewards Provider.
Rewards cannot be used for taxes unless permitted by the Rewards Provider.
Reproduction or sale of any Reward is prohibited.
Third-Party Offerings. The Website Funteek.com may include links to other websites or services (including advertisements and payment providers) solely as a convenience to you (“Linked Sites”). The inclusion of any Linked Site does not imply endorsement by Funteek LTD of any third party, third party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The content on Linked Sites is not under the control of Funteek LTD. Funteek LTD does not provide or endorse any such Linked Sites or the information, material, products, or services contained on or available or accessible on or through any Linked Sites, nor is Funteek LTD responsible if the Linked Site is not functioning properly. Furthermore, Funteek LTD makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at your own risk, and you acknowledge and agree that Funteek LTD is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Websites or available through any Third Party Platforms. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Websites are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Websites or through any Third Party Platform or participation in Promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Funteek LTD is neither responsible nor liable for any part of such dealings.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse and otherwise access the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we and Rewards Providers may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Funteek’s account information to ensure that your messages are not sent to the person that acquires your old number.
Online Services/Your Responsibilities. While using any of the Website and/or Materials, including on or in any Submissions (as defined below), postings or ratings, you agree to follow our community standards (collectively, “Standards”). You agree not to:
· Use the Websites or Services in any manner that violates any applicable laws or regulations or is prohibited by these Terms;
· “Stalk”, harass, threaten, or defraud other Funteek’s users or any members of Funteek LTD staff, including by bullying, griefing, SHOUTING, flooding, using excessively large images so that the screen goes by too fast to read, or by hitting the return key repeatedly;
· Create a false identity or impersonate another person or entity, including without limitation, identities falsely indicating that you are a Funteek LTD official or representative, message board moderator, guide, another user or host, or that you are a celebrity or public figure;
· Access another user’s Account without permission;
· Send, post, transmit or make available any pornographic, sexually graphic, threatening, embarrassing, hateful, racially or ethnically insulting, inciteful, deceptive, tortuous, defamatory, libelous, or otherwise inappropriate or offensive comments or content, including any uses of characters such as 1@#$% to replace letters and including any topics that may be harmful to or threaten the security of a child or minor;
· Make offers, advertisements or proposals for goods, services, or other commercial activities outside of Funteek LTD;
· Send, post, transmit or make available any unsolicited or inappropriate content, information or Submissions, junk mail, SPAM, chain letters, pyramid schemes, investment opportunities, or other unsolicited or unauthorized commercial or promotional content, information or communications, except as expressly permitted by Funteek LTD as set forth in the Terms or in writing;
· Share Funteek’s passwords with a third party;
· Send, post, transmit or make available any content, information or Submissions that are subject to intellectual property protection, including, copyright trademark, trade secret or patent rights, or otherwise subject to third party property rights, including rights of privacy and publicity, unless you are the owner of such rights or have permission from the owner of such rights to do so and to grant Funteek LTD all the license rights necessary to transmit or maintain such content, information or Submissions;
· Misrepresent the source, identity, or content of information sent, posted, transmitted or made available via the Website, the Services or a Third Party Platform, (such as claiming a created work as your own that is not actually yours);
· Use features of the Website or Services for anything other than their intended purpose, including exploiting glitches for personal gain;
· Interfere with or disable any security-related features of the Website or Services, or any part thereof, including any Services available on or through any Third Party Platforms;
· Damage, disable, overburden, or impair the Website or Services, including any Services available on or through any Third Party Platforms, including by sending, posting, transmitting or distributing anything that contains a virus or other code intended to damage or interfere with the Website or Services or any portion thereof, or any software, hardware, equipment, system, data, or other information of Funteek LTD or any third party;
· Institute an attack upon any server used in connection with the Website or Services, or any portion thereof, or otherwise attempt to disrupt such servers or any Services available thereon or on or through any Third Party Platform, including, by hacking or DOS attacks;
· Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Websites or Materials, including any Services available on or through the Websites or Third Party Platforms;
· Use, develop, or distribute any robot (or “bot”), spider, unauthorized script, unauthorized scraper or offline reader, or any other cheat, exploit, mod, bot, hack or the like, or any unauthorized third-party software designed to modify or interfere with or provide automated access to or use of the Website or Services, or any portion thereof, or any Services available on or through any Third Party Platform;
· Frame or mirror any part of the Website or Services without Funteek’s written permission;
· Buy, sell or trade Site Items or user Accounts for non-Funteek items (including cash) or vice versa;
· Make improper use of Funteek’s support services, including by submitting false abuse reports;
· Imply or state that any statements you make are endorsed by Funteek LTD without Funteek’s prior written consent;
· Harvest or collect any information about any user of the Website or Services, including any Services available through Third Party Platforms, including Personal Information or other Account information, including passwords, e-mail addresses, or geo-locations;
· Modify any part of the Website or Services, including any Services available through any Third Party Platform, for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Website or Services; or
· Assist, permit or encourage any party in engaging in any of the activities described in the above listing;
While using the Website or Materials, you agree to comply with these and all Standards, as well as all applicable laws, rules and regulations, Funteek LTD has the sole discretion to delete, suspend, terminate or close your user Account, with or without prior notification to you, for any violation of these Terms, including any of the STANDARDS.
Termination. Funteek LTD may suspend, terminate, modify, or delete your Account or rights thereto with or without prior notice to you, at any time for any reason or for no reason, including without limitation, for any violation or suspected violation of the Terms or for any other reason that Funteek in its sole discretion determines is appropriate. For example, your Account may be deleted and terminated without warning if Funteek believes, in its sole discretion, that you are under 13 years of age; if you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or Funteek LTD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to access and use the Website, Services and Materials will immediately cease. Funteek LTD also reserves the right to refuse service to anyone and to remove content, Submissions or Materials for any reason whatsoever in its sole discretion.
You may close your Account by submitting a request here with the subject “Please Close My Account” email@example.com. Funteek LTD may terminate your Account, in its discretion, if it has been inactive for a period of at least 6 months. Your Account will be considered inactive if you do not log on to Website or Services using your username and password.
Indemnification. You agree to indemnify, defend, and hold harmless Funteek LTD, its officers, directors, partners, employees, consultants, and agents, from and against any third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any allegation that any Submission or other information you post, submit to us or transmit to the Website or through a Third Party Platform infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (b) your breach or violation (including through use of your username or Account, whether or not by you) of the Terms, including the Standards, or any applicable laws or regulations; (c) your access to and use of the Website, the Materials, including any Services available on Third Party Platforms, or Submissions; (d) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines posted, submitted or transmitted by you to the Website, in the Services, or on any Third Party Platform; and/or (e) any claim that one of your postings, User Ideas or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
Entire Agreement. The Governing Agreements constitute the entire agreement between User and Funteek LTD relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between User and Funteek with respect to such subject matter. These Official Terms may not be changed, waived or modified except by Funteek LTD as provided herein or otherwise by written instrument signed by Funteek. These Official Terms or any right, obligation, or remedy hereunder is not assignable, transferable, delegable, or sub licensable by a User except with Funteek’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. To the extent not prohibited by local applicable law, Funteek LTD may assign, transfer, or delegate these Official Terms or any right or obligation or remedy hereunder in its sole discretion.