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Terms of service

Acceptance of Terms

By downloading and using any FUNCADE application (the “Application”) and accessing other services provided by Funcade Studio (“FUNCADE”) or otherwise made available through the Application (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. Please note that these Terms include a Dispute Resolution and Arbitration Provision, which includes a Class Action Waiver that affects your rights under these Terms and with respect to disputes you may have with FUNCADE. You may opt-out of the binding individual arbitration and class action waiver as provided below. FUNCADE may modify or change these Terms at any time by posting the changes on the Application or other parts of the Service or at FUNCADE.io (this “Site”). Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. FUNCADE reserves the right, in its sole discretion, to change any part of the Service, including its content, at any time, or to discontinue the Service or any part thereof for any reason without notice to you and without liability.

Third-Party Disclaimer

As a condition of participating in the Service, you acknowledge and agree that Facebook, Instagram, Twitter, Google (Alphabet, Inc.), and Apple (Apple, Inc.) do not sponsor, endorse, or administer the Service and are not in any way associated with it. Any questions regarding the Service must be directed to FUNCADE, not to third parties. Additionally, you agree that participating in the Service releases the above-listed third parties from any liability that may arise.

Privacy

FUNCADE will handle any personal information you provide in connection with the Service in accordance with our privacy policy (“Privacy Policy”), which can be found within the Application and on the Site here. By accessing or using the Service, you consent to the collection, use, and storage of your information as described in the Privacy Policy. If you have any questions about privacy issues, please contact our customer service department at support@FUNCADE.io.

Eligibility

In order to use the Service, you must be a natural person who is at least 18 years old and is assigned to the email address, Facebook or Google account associated with your FUNCADE Account (“FUNCADE Account”). We may require proof that you meet this condition in connection with your use of the Service, at our sole discretion. Failure to comply with this condition will result in the closure of your Account, and you will lose all Virtual Items (including Game Points) accumulated through your use of the Service.

Please note that the Service is not intended for use by children under the age of 13, and they are prohibited from using it. We strongly advise parents and guardians to monitor their children’s internet use. By using the Service, you confirm that you are at least 18 years old.

Account Information

In order to access and use the full Service, including accumulating and redeeming Game Points, Virtual Items and Rewards, as well as posting User Content, you must create an account with FUNCADE. By creating an account, you agree to follow these rules to ensure the security of your account:

  • You must not share your FUNCADE Account login details, including your Facebook or Google account login details, or allow anyone else to access your FUNCADE Account, or do anything that may compromise its security. FUNCADE will never ask for your Facebook, Google, or email password, or initiate contact with you to request answers to your password security questions.
  • If you suspect or become aware of any breach of security, including any loss, theft, or unauthorized use of your FUNCADE Account, Facebook account, Google account, or any email/password combination used by your FUNCADE Account, you must immediately notify FUNCADE and modify your Facebook or Google login, if linked to your FUNCADE Account.
  • You are solely responsible for maintaining the confidentiality of your FUNCADE Account and for any activity that occurs on your account, whether or not you authorized it. You acknowledge that FUNCADE may suspend your access or terminate your use of the Service if someone else uses it to engage in any activity that violates these Terms.
  • You agree to monitor your FUNCADE Account to restrict use by minors and to deny access to anyone under the age of 18.
  • Any personal information you provide, such as your name, birth date, and email address, will be held and used in accordance with FUNCADE’s Privacy Policy, which is incorporated by reference. You agree to supply accurate and complete information and to promptly update it if it changes.

License

The use of the Service requires a compatible mobile device with the Application, and FUNCADE does not guarantee compatibility. If you agree to these Terms, the Privacy Policy, and applicable partner terms and conditions, FUNCADE grants you a non-transferable, non-exclusive, revocable license to install and use a copy of the Application’s object code on one mobile device registered to your account. You may only use one device at a time and cannot have multiple accounts. FUNCADE also grants a limited scope, non-transferable, non-exclusive, non-sublicensable, revocable personal license to access and use parts of the Service not included in the Application. The Service can only be used for personal, non-commercial entertainment purposes, and FUNCADE can revoke the license at any time for any reason. If any part of the Service is illegal in your jurisdiction, you cannot use it. You cannot modify, decompile, disassemble, or reverse engineer the Application, rent, lease, loan, resell, sublicense, distribute, transfer, or use it for third-party time-sharing or similar services, make copies, remove or interfere with security features, or delete copyright and proprietary notices. FUNCADE may upgrade the Application, and you agree to automatic upgrades and that these Terms will apply to all upgrades. This license does not constitute a sale of the Application or any copies, and FUNCADE and its third-party licensors or suppliers retain all rights. Standard carrier data charges may apply.

Virtual Items

When you use the FUNCADE Applications, you may obtain Virtual Items such as Game Tickets, Raffle Tickets, and Game Points through various means. However, it is important to note that you do not actually “own” these Virtual Items, and their amounts do not represent any balance of bitcoin or other cryptocurrency. Instead, earning Virtual Items grants you a limited license to use the software programs that are associated with them. If there are any issues with the game that affect the accumulation of Virtual Items, FUNCADE reserves the right to correct these errors.

Please be aware that FUNCADE does not recognize any transfers of Virtual Items that are conducted outside of the Service, nor does it allow the sale, gift, or trade of any in-game items unless it is expressly authorized by FUNCADE in writing. Therefore, you are not permitted to sell, trade, or sublicense any Virtual Items for real money or any other kind of value outside of the game without FUNCADE’s written permission. Attempting to do so will result in the termination of your account.

Please note that FUNCADE cannot be held liable for the loss of Virtual Items due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized third-party activity. FUNCADE either owns or has obtained the right to use all of the content that appears in the Service, including all content owned by its Rewards Partners and their affiliates. Therefore, you acknowledge and agree that you have no right or title to any content that appears in the Service, including the Virtual Items, whether they are “earned” in a game or “purchased” from FUNCADE.

Earning Game Points

As a user of our Services, you may earn loyalty points on our platform called “Game Points” by performing specific actions. Please note that Game Points do not hold any cash value.

If you are an Android user, you can earn Game Points by performing certain actions such as playing games or liking particular aspects of the Service. Please note that the examples given are not exhaustive and are provided solely for illustration purposes. It is important to note that Game Points are not and will not be awarded based on the outcome of any game played during your use of the Services.

If you are an iOS user, Game Points are earned for specific achievements such as registering a FUNCADE account or winning a game against an opponent.

Redeeming Game Points

You can earn Game Points on our platform by taking certain actions while using our Services. These points have no monetary value. If you choose to redeem your Game Points for cryptocurrency, you can request payment through specific means and subject to minimum amounts and limitations set out in the Service. FUNCADE may, at its sole discretion, reject, cancel, or terminate your request for payment for any reason whatsoever.

If your request is approved, we will send your payment to our third-party payment processor, currently Coinbase, who will process the payment on our behalf. You do not need a Coinbase account upon redemption, but you will be required to create one and validate it to claim your cryptocurrency within 30 days of the redemption request or as required by Coinbase. Once we send the cryptocurrency to the email address you provided, we will deduct the applicable number of Game Points from your account. Redemption requests are irreversible.

You are responsible for setting up your Coinbase account and keeping it in good status to claim your cryptocurrency. FUNCADE does not ensure that your redemption request will be honored, and we are not responsible for reporting or paying any applicable taxes or processing fees in respect of any Game Points you redeem for cryptocurrency. You agree to promptly pay all charges, including applicable taxes and processing fees in respect of any Game Points you redeem for cryptocurrency.

You may only send one redemption request every seven (7) days, and you must keep all your FUNCADE Account information current, including your email address and Coinbase payout address. FUNCADE reserves the right to change the number of Game Points awarded, conversion rates, fees, and charges associated with the Service without notice to you or any liability. Game Points have no cash or monetary value, are non-transferable, and cannot be sold, traded, bartered, bequeathed, or transferred to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of your Account. Your personal information is subject to our Privacy Statement during the payment process.

Inactive Accounts

If you fail to use your Account by playing a game on a FUNCADE Application to completion within 30 days, your Account will be considered inactive. You can reactivate your Account at any time by completing a game on a FUNCADE Application. If your Account is inactive, FUNCADE may, at its discretion, expire any Virtual Items, Game Points, Game Tickets, or Raffle Tickets that you have accumulated. Additionally, any Rewards that you have purchased but not yet redeemed may also be expired. By agreeing to these terms, you acknowledge and agree that FUNCADE and its partners and affiliates will not be liable for any injuries, losses, or damages, direct or indirect, resulting from your inactivity on the Service or acceptance, possession, misuse, or use of any payments from FUNCADE.

Third Party Providers of Goods and Services

From time to time, we collaborate with third-party providers (“Reward Partners”) to offer additional opportunities for you to earn Virtual Items. However, the Reward Partners have the sole discretion to modify, adjust, suspend, cancel, or terminate any reward program they offer, as well as its terms and conditions, partially or entirely, at any time and with or without prior notice, for any reason or no reason at all. Any of these changes may affect your ability to collect certain Virtual Items that you have accumulated through the use of our Service. By using our Service, you agree that FUNCADE will not be held responsible for any action taken by a Reward Partner that affects you.

Termination

FUNCADE reserves the right to terminate or suspend Your Account, as well as Your access to the Service, at any time and without notice, including but not limited to the suspension of your ability to earn and redeem Virtual Items. This may occur in cases of breach of these Terms, such as registering with temporary or disposable email services, registering with invalid emails, registering with private domains, using VPNs, playing a game on multiple devices simultaneously, or for any other reason. Upon termination, Your access to the Service, including all User Content and Virtual Items, will be disabled and any Game Points you have accumulated will be lost. You may cancel Your Account at any time by discontinuing Your use of the Service and/or the Applications. FUNCADE will not be liable to You for any effects resulting from such termination or cancellation on Your use of the Service or the Virtual Items You have accumulated.

General Rules of Conduct and Usage

The Terms of Conduct and Usage require that you have the authority to use the Service and follow all applicable laws, regulations, statutes, ordinances, and the Terms. You must not act in bad faith, defraud or attempt to defraud FUNCADE or other users. FUNCADE may make adjustments to the Game Points associated with your Account, terminate your Account and/or prohibit you from using the Service if you violate these Terms. You must not perform the following actions: download the Application if you are under 18 years old, create false identities, create multiple Accounts, or attempt to override or avoid any limits or restrictions established by FUNCADE and/or any Rewards Partner, engage in any activities that circumvent advertisements, defraud Rewards Partners, play a game on multiple devices simultaneously, or use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.

The ownership of intellectual property

The Service and all of its content are protected by copyright, trademark, and other laws of the United States and foreign countries. FUNCADE and its licensors own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights, except as expressly provided in these Terms. You are not allowed to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you will not:

Attempt to derive the source code for any underlying software or other intellectual property used to provide the Service by modifying, reverse engineering, decompiling, disassembling, deciphering, or otherwise, without FUNCADE’s explicit, prior written permission;

Use, display, mirror or frame the Service, or any individual element within the Service;

Adapt, modify or create derivative works based on such intellectual property of FUNCADE or any FUNCADE licensor;

Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part;

Use or reproduce any FUNCADE licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.

Third Party Sites Links

FUNCADE may include links to third-party websites or resources on the Service that are not under its ownership or control. You acknowledge and agree that FUNCADE cannot be held responsible or liable for the availability, accuracy, or content of such websites or resources. FUNCADE does not review, research, verify, validate, or endorse any third-party sites to which the Service may link. The inclusion of such links does not imply any endorsement by FUNCADE of the websites or resources, or the content, products, or services available from them. You are solely responsible for and assume all risks arising from your use of any third-party websites or resources.

Updates and Maintenance of the Service

You acknowledge and agree that FUNCADE reserves the right to update the Service at any time, with or without notice to You. These updates may require Your acceptance and may also necessitate updates to third-party software in order to continue using the Service. Additionally, FUNCADE may conduct maintenance work on its system from time to time, which may result in the temporary unavailability of some or all of the Service’s features. If You encounter any problems while using the Service, including those related to Your Account, You may report them to FUNCADE by emailing support@FUNCADE.io.

Disclaimer

THE SERVICE AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES. THE FUNCADE PARTIES, INCLUDING FUNCADE, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE FUNCADE PARTIES DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOREOVER, THE FUNCADE PARTIES MAKE NO WARRANTY CONCERNING THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH SERVICE.

Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SERVICE, INCLUDING THE APPLICATION, IS AT YOUR OWN RISK AND THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE FUNCADE PARTIES AND ANY OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. SUCH DAMAGES MAY INCLUDE LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE. THIS ALSO APPLIES TO ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE FUNCADE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FUNCADE PARTIES’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED FIVE DOLLARS ($5) AND SUCH LIMITATION OF DAMAGES IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN FUNCADE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IF SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to protect, defend, indemnify and hold harmless the FUNCADE Parties from any and all claims, losses, damages, liabilities, including legal fees and expenses, arising from Your use or misuse of the Service, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. If FUNCADE is faced with any claim, action, or proceeding that may give rise to Your indemnification obligations under this section, FUNCADE may, at its sole discretion, require You to assume the defense and control of such matter, and You agree to cooperate with FUNCADE in defending against such claim, action, or proceeding. FUNCADE will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You acknowledge that the provisions of this Indemnity section will continue to apply even after termination of Your Account or Your access to or use of the Service.

Changes and Termination

We reserve the right to make changes to this Service, including but not limited to the availability of features, access restrictions, fees, and content, without prior notice or liability, and for any reason whatsoever. We may also suspend or discontinue any aspect of this Service at any time. We may correct errors or omissions in any portion of this Service at our sole discretion, but we are not obligated to do so.

Additional Mobile Application Terms

The terms and conditions for using FUNCADE’s mobile application on an Apple iOS-powered device (“iOS App”) are as follows:

  • You acknowledge that these terms are between you and FUNCADE, not Apple.
  • Your use of the iOS App must comply with Apple’s App Store Terms of Service.
  • FUNCADE is solely responsible for the iOS App and its content, and Apple is not obligated to provide maintenance or support services. Apple has no warranty obligation for the iOS App and is not responsible for any claims or losses related to the app.
  • Any claims related to the iOS App or its use are governed solely by these terms and applicable laws, and FUNCADE is responsible for addressing them.
  • FUNCADE is responsible for investigating, defending, settling, and discharging any third-party intellectual property infringement claims related to the iOS App or its use.
  • You represent and warrant that you are not located in a country subject to U.S. government embargo and are not listed on any U.S. government prohibited or restricted parties list.
  • You must comply with all applicable third-party terms of agreement when using the iOS App.
  • Apple and its subsidiaries are third-party beneficiaries to these terms with respect to your license to use the iOS App. Apple has the right to enforce these terms against you as a third-party beneficiary.

The terms and conditions for using FUNCADE’s mobile application on an Android-powered device (“Android App”) are as follows:

  • You acknowledge that these terms are between you and FUNCADE, not Google.
  • Your use of the Android App must comply with Google’s Google Play Terms of Service.
  • FUNCADE is solely responsible for the Android App, its content, and support and maintenance. Google has no obligation or liability to you regarding the Android App or these terms.

Governing Law and Jurisdiction

The laws of the State of California, without regard to its conflict of laws provisions, will govern these Terms and any legal action arising from or related to these Terms. Any legal action concerning these Terms will be exclusively heard and settled by state and federal courts located in San Bernardino County, California. Both parties agree to submit to the jurisdiction and venue of such courts and waive any objections to jurisdiction and venue.

Entire Agreement

This agreement constitutes the complete and only understanding and agreement between You and FUNCADE regarding the Service, and replaces any and all previous written or verbal understandings or agreements between You and FUNCADE concerning the Service.

Assignment

You are not allowed to assign or transfer these Terms, by operation of law or otherwise, without obtaining prior written consent from FUNCADE. Any attempt to assign or transfer these Terms without such consent will be considered invalid. FUNCADE may assign or transfer these Terms, at its sole discretion, without any restrictions. These Terms will be binding and beneficial to the parties, their successors, and permitted assigns, subject to the above conditions.

Waiver and Severability

FUNCADE’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision, nor of any future right or provision. Any waiver of a right or provision under these Terms shall only be effective if it is in writing and signed by an authorized representative of FUNCADE. The exercise of any remedy by either party under these Terms shall be without prejudice to its other remedies under these Terms or at law. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the provision in question shall be enforced to the maximum extent permitted by law.

THE FOLLOWING SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

Health and Safety Notice

WARNING: PLEASE READ BEFORE PLAYING OR WATCHING

There is a risk of seizures for a very small percentage of people when exposed to certain visual images, such as flashing lights or patterns that may appear in video games. This risk is present even for individuals with no prior history of seizures or epilepsy. Such seizures are known as “photosensitive epileptic seizures” and may cause a range of symptoms, including lightheadedness, altered vision, eye or face twitching, shaking of limbs, disorientation, confusion, or momentary loss of awareness.

In some cases, seizures may also result in loss of consciousness or convulsions, leading to potential injury from falling or hitting nearby objects.

If you experience any of these symptoms, it is important to immediately stop playing and consult with a doctor. To reduce the risk of photosensitive epileptic seizures, it is recommended to take certain precautions such as sitting farther from the screen, using a smaller screen, playing in a well-lit room, and avoiding playing when feeling drowsy or fatigued.

If you or any of your relatives have a history of seizures or epilepsy, it is strongly advised to consult with a doctor before playing.

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