TERMS OF USE
This Agreement was last revised on October 1, 2016.
Welcome to FunRewards, a website and online and mobile service of App.Design LLC. ("FunRewards," "we," or "us"). This page explains the terms by which you may use the FunRewards web site, mobile device software applications (the "FunRewards Software"), application program interfaces, applications for third-party web sites and services and any other web or mobile services or applications owned, controlled, or offered by FunRewards in association with this site (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use Agreement. If you do not agree to any of these terms or any future Terms of Use Agreement, do not use or access (or continue to access) the Service.
1) USE OF OUR SERVICE
Businesses subscribing to FunRewards ("Businesses") get access to an online engagement portal to review data regarding users of the FunRewards Service in connection with their Business. Businesses can use such data to engage with their customers, build loyalty and get a better understanding of who their customers are.
Users accessing FunRewards via web or mobile device have a chance to win prizes at Businesses, receive gifts from these Businesses and get access to content provided by these Businesses. In order to make connection through FunRewards's mobile device, you will need to register with FunRewards and create a "Member" account. In order to register you have two options: creating an account by providing First Name, Last Name, Email profile picture and Password or by signing in through Facebook, which gives us access to information shared by Facebook. You may control your Member profile and how you interact with the Service by changing your settings on the Service. By providing FunRewards your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
Moreover we ask for your gender, age and zip code. The reason we do this is that we would like to send you gifts on behalf of Businesses that we think you may like. You can choose to receive notifications when you receive such gifts or turn the notification off.
Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are between 18 years of age and 13 years of age you may use the Service only if you either are an emancipated minor or have the consent of your parent or legal guardian, and are fully able and competent to enter into this Agreement and to abide by and comply with its terms.
You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FunRewards immediately of any breach of security or unauthorized use of your account. Although FunRewards will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of FunRewards or others due to such unauthorized use.
You agree to use the Service only in accordance with our Acceptable Use Policy.
All aspects of the Service are subject to change or elimination at FunRewards's sole discretion. FunRewards reserves the right to interrupt the Service and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service with or without prior notice for any reason or no reason. You agree that FunRewards will not be liable to you for any interruption of the Service or your account.
You are solely responsible for your interactions with other FunRewards Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. FunRewards shall have no liability for your interactions with other Users, or for any User's action or inaction.
2) USER CONTENT
Some areas of the Service may allow Users to post and/or create recommendations, feedback, comments, and other information (collectively "User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You agree to comply with the Acceptable Use Policy. in posting User Content.
FunRewards takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts through the Service. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. FunRewards is not responsible for any public display or misuse of your User Content. The User Content will be publicly available. You may be exposed to User Content that is inaccurate or objectionable.
3) LICENSE GRANT
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to FunRewards a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
4) END USER LICENSES
License Grant. FunRewards hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the FunRewards Software for one FunRewards Member account on one mobile device owned or leased solely by you, for your personal use.
Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the FunRewards Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the FunRewards Software to any third party or use the FunRewards Software to provide time sharing or similar services for any third party; (iii) make any copies of the FunRewards Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the FunRewards Software, features that prevent or restrict use or copying of any content accessible through the FunRewards Software, or features that enforce limitations on use of the FunRewards Software; or (v) delete the copyright and other proprietary rights notices on the FunRewards Software.
Software Upgrades. You acknowledge that FunRewards may from time to time issue upgraded versions of the FunRewards Software, and may automatically electronically upgrade the version of the FunRewards Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Third-Party Code. Any third-party code that may be included along with or linked to the FunRewards Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. FunRewards makes no representations or warranties as to third party code.
Rights Reserved. The foregoing license grant under this Agreement is not a sale of the FunRewards Software or any copy thereof and FunRewards or its third party partners or suppliers retain all right, title, and interest in the FunRewards Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. FunRewards reserves all rights not expressly granted under this Agreement.
Government End Users. If the FunRewards Software is being acquired on behalf of the United States Government, the Access and Documentation are "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in 48 C.F.R. § 12.212 of the Federal Acquisition Regulations ("FAR") and its successors and 48 C.F.R. § 227.7202 1 through § 227.7202 4 (June 1995) of the Department of Defense FAR Supplement and its successors. If you are, or are using Access on behalf of, the U.S. government, you have only those rights to Access and Documentation provided in this agreement.
Access. Subject to these Terms of Use, the Services are provided solely for your own use, and not for the use or benefit of any third party.
5) NO RESPONSIBILITY FOR GIFTS OR PRIZES
You expressly agree that delivery of Gifts and Prizes is the sole responsibility of the business offering such Gifts or Prizes and FunRewards has no responsibility or liability regarding the Gifts and Prizes. You also acknowledge that FunRewards has no control over the quality, safety, legality, or accuracy of any Gifts or Prizes. Accordingly, you irrevocably release FunRewards (and its officers, directors, employees, representatives and agents) from any claims, demands and damages (actual and consequential) of every kind and nature (known and unknown, disclosed and undisclosed), that may arise from any dispute you may have with a business. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
5) OUR PROPRIETARY RIGHTS
Except for your User Content, all right, title, and interest in and to the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "FunRewards Content") are and will remain the exclusive property of FunRewards and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the FunRewards Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Any feedback, comments, or suggestions you may provide regarding FunRewards or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6) PAID SERVICES
Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the FunRewards Service, you agree to the pricing, payment and billing policies applicable to such fees and charges. FunRewards may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We make available products and services for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to FunRewards the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
No Refunds. You may cancel your FunRewards Account and/or Funding Account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, FunRewards has the right at any time for any reason or no reason to suspend or terminate your Account and/or Funding Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that FunRewards suspends or terminates your FunRewards Account, Funding Account, or this Agreement, you understand and agree that you shall receive no refund, any unused time on a subscription, any license or subscription fees for any portion of the FunRewards Service, any content or data associated with your FunRewards Account, or for anything else.
7) PRIVACY
We care about the privacy of our Users. Learn more, view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
8) SECURITY
We have implemented commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
9) ADDITIONAL REPRESENTATIONS AND WARRANTIES
In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that: (a) you are at least 18 years of age; (b) you have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (c) your User Content and FunRewards's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; and (d) FunRewards may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
10) THIRD-PARTY LINKS
The Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by FunRewards. FunRewards has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from FunRewards, you do so at your own risk, and you understand that this Agreement and FunRewards's Privacy Policy do not apply to your use of such sites. You expressly relieve FunRewards from any and all liability arising from your use of any third-party website or services or third party owned content.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
11) INDEMNITY
You agree to defend, indemnify and hold harmless FunRewards and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim for damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) your use the Service to meet another User in-person or to locate and/or visit any offline place or event.
12) NO WARRANTY
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, FunRewards, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
13) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FunRewards, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE FunRewards SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH FunRewards OR ANY OTHER USER OF THE FunRewards SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FunRewards HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Service is controlled and operated from its facilities in the United States. FunRewards makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
14) ASSIGNMENT
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FunRewards without restriction.
15) GENERAL
Governing Law Jurisdiction. This Agreement and the resolution of any dispute related to this Agreement or the Services shall be governed and construed in accordance with the laws of Kansas, without giving effort to any principles of conflicts of laws. Any legal action or proceeding relating to this Agreement or the Services shall be brought exclusively in a federal or state court sitting in the State of Kansas. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notification Procedures. FunRewards may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by FunRewards in our sole discretion. FunRewards reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Entire Agreement/Severability. This Agreement, together with any amendments and other legal terms referenced in the Agreement, shall constitute the entire agreement between you and FunRewards concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and FunRewards's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Survival. You continue to be bound by this Agreement after termination of your account.
Please contact us with any questions regarding this Agreement.
App.Design, LLC
P.O. Box 24381
Houston, TX, 77013
INFRINGEMENT CLAIMS/COPYRIGHT AGENT
If you believe that any material contained on the website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent who is:
By mail: DMCA Copyright Agent
c/o App.Design LLC
P.O. Box 24381
Houston, TX 77013
By phone: (669) 223-8683
By email: DMCAcopyrightagent@funrewards.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to DMCAcopyrightagent@funrewards.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Company and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
ACCEPTABLE USE POLICY
Unlawful Use: You may not use the Service for any unlawful purposes or for promotion of illegal activities. You may not post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation. International users agree to comply with all local laws regarding online conduct and acceptable content.
Information Quality: You may not post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive. This includes creating false check-ins or otherwise misrepresenting your location.
Offensive Content: You may not post Content that is hateful, abusive, threatening, profane, or otherwise objectionable.
Commercial Solicitation: You may not use the Service for any commercial solicitation purposes.
Impersonation: You may not impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
Privacy: You may not publish or post other people's private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
Spam: You may not use the Service for the purpose of spamming anyone.
Malware, Phishing: You may not publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy.
Technical Interference: You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, FunRewards's computer systems, or the technical delivery systems of FunRewards's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by FunRewards (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with FunRewards (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Service without the prior consent of FunRewards except as permitted by these Terms is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
FunRewards may investigate and/or suspend your account if you violate any of the above policies. FunRewards reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate this Acceptable Use Policy or the Terms of Use.