This agreement (“Agreement”) is a contract between you and FunMobility, Inc. By visiting or using any FunMobility website you agree to be bound by the following terms and conditions (the “Terms of Service” or “Terms”) and the current Privacy Policy available at http://www.funmobility.com/privacy incorporated herein by reference.

This Agreement is void where prohibited by law, and the right to access the Application is revoked in such jurisdictions.

PLEASE READ THIS AGREEMENT CAREFULLY. If you do not agree to (or cannot comply with) the Terms and Conditions set forth below, please exit this application immediately.

1.ELIGIBILITY

You must be at least thirteen (13) years of age to use any of the FunMobility Services. By providing information to FunMobility through the account registration page for new customers or any other part of the FunMobility application, you represent to FunMobility that you are 13 years of age or older. If You are under the age of eighteen (18), You represent that You are either an emancipated minor, or have obtained the legal consent of Your parent or legal guardian to enter into this Agreement, submit content, participate through this application and fulfill the obligations set forth in this Agreement.

International Use FunMobility is hosted in the United States and is intended for use in the United States. At this time, FunMobility, Inc makes no guarantee that the FunMobility service will be available to overseas users.

You must have an internet-enabled cell phone or device in order to access the FunMobility mobile services. Normal carrier charges and taxes may apply to any content you obtain from FunMobility. FunMobility, Inc is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the FunMobility services.

Text Message Communications You expressly agree that, as part of the service provided by FunMobility, you will receive communications from FunMobility by text message (SMS), including our promotional newsletters from time to time. You may stop receiving promotional text messages by emailing your request to opt-out, along with your cell phone number to optout@funmobility.com, or following the opt-out instructions in the text message. You may not opt out of service-related text messages.

Email Communications You also agree to receive promotional and account related email communications from FunMobility. You may unsubscribe from promotional email communications by emailing optout@funmobility.com.

2. REGISTRATION AND SECURITY

As a condition to using certain Services, you may be required to register and provide personal information such as your name and wireless device number to FunMobility (“Personal Information”), as well as select a password and username. You shall provide FunMobility with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. FunMobility, Inc will use your personal information in accordance with its Privacy Policy. Please review the Privacy Policy before you complete the registration process or attempt to use any part of the service.

You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization. FunMobility reserves the right to refuse registration of, or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your FunMobility password.

You hereby irrevocably authorize FunMobility to disclose your personally identifiable information at the request of any state or federal agency or in response to any judicial process (including, without limitation, a subpoena).

3. ACCEPTABLE USE OF FUNMOBILITY

By downloading and/or using the FunMobility services, you agree that FunMobility, Inc grants you a non-exclusive, non-transferable, revocable right to use the services on your compatible device for your own personal, non-commercial use only. You understand and agree that you may not resell, transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the services. For example, you may not copy or distribute the services in any manner not expressly authorized by the Service. If you want to make commercial use of the FunMobility services, you must enter into an agreement with FunMobility, Inc. to do so in advance. Please contact us for more information.

The Application is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Subscriber Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

You agree that you will NOT use the FunMobility Services to:

  • harass or advocate harassment of another person;
  • collect or store personal data about other people, or disclose another user’s personal information to any third party, including other users;
  • impersonate any person, including a PlayFirst employee or agent;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type (spamming), or otherwise act in a manner that negatively affects other people’s ability to use the Site;
  • harm minors in any way;
  • “bot, “hack, “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Application or any FunMobility services; and/or
  • interfere with or disrupt FunMobility’s service, hardware, or telecommunications equipment.

4. USER CONTENT AND SUBMISSIONS

You understand and agree that FunMobility, Inc. may review and delete any content, messages, photos, profiles, audio, video, works of authorship, or any other materials (collectively, “Content”) at any time for any reason, including but not limited to, Content that in the sole judgment of FunMobility, Inc. violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.

5. CONTENT ISSUES AND FEEDBACK

During your use of the Application or Application Content you may be exposed to User Content that you deem offensive, inaccurate, indecent, or otherwise objectionable. You agree that FunMobility Inc. is not liable for any User Content, including, but not limited to, any loss, damage, or harm of any kind incurred by you as a result of any User Content. FunMobility Inc. does not pre-screen User Content, but has the right to remove any User Content that violates these Terms of Service, as it may determine in its sole discretion. Parents should use appropriate parental discretion in determining whether you want to authorize minor children to access the service.

FunMobility Inc does not control Content made available by users, and does not guarantee the accuracy, integrity, or quality of such Content. FunMobility Inc shall not be liable for any loss or damage of any kind incurred as a result of the use, uploading, or otherwise making available of any Content on the service. You agree that you bear all risk associated with the use of any Content, including reliance on the accuracy, usefulness, or completeness of any Content.

If you believe User Content residing on the Site infringes a copyright, please see our Copyright Policy below.

You may submit reviews or other feedback using forms on the Application. Any comments, suggestions, or feedback relating to the Application or the Services (collectively “Feedback”) submitted to FunMobilityt shall become the property of FunMobility Inc. or its designee. FunMobility Inc. will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Application, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Application, Site, Services, or operations. Without limitation, FunMobility Inc. will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not FunMobility Inc., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Customer Support. Please direct any questions concerning the Service or any other FUNMOBILITY-related issue, to a FunMobility customer service representative by e-mail at: info@funmobility.com.

6. TERMINATION

Termination. FunMobility Inc reserves the right, at its sole discretion, to terminate your permission to access and use your FunMobility account and/or the FunMobility services for any reason at any time without notice, including in the event that FunMobility Inc reasonably believes that you have breached or acted inconsistently with any provision of the Terms. You acknowledge and agree that FunMobility Inc shall have no liability or responsibility to you for termination or suspension of your access or use. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

7. THIRD PARTY CONTENT IN THE FUNCHAT APPLICATION

Links and Advertisements. The FunMobility services may contain links to and advertisements for products and / or websites operated by third parties. While we endeavor to associate only with reputable sites and groups, FunMobility Inc cannot be responsible for the availability, content or the practices, such as the privacy policy and practices, of these organizations / other sites. Your business dealings with any third-party advertisers through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that FunMobility Inc and its affiliates are not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through third party sites. Please contact those groups / sites directly if you have any concerns about their availability, content or practices.

FunMobility Promotions. From time to time FunMobility Inc may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any FunMobility promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third-party. You agree that neither FunMobility Inc nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.

8. MEMBER DISPUTES

You are solely responsible for your interactions with other FunMobility Members. FunMobility Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.

9. FUNCHAT PROPRIETARY RIGHTS

General. Your use of the service is under license; you will not obtain any ownership interest in any of the services through this Agreement or otherwise. All content in the services such as the text, graphics, logos, button icons, images, data compilations, and software, is the property of FunMobility Inc or its content suppliers and protected by United States and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of FunMobility and protected by U.S. and international copyright laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements.

Trademark Information. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the FunMobility services are the property of FunMobility Inc and/or its affiliates, licensors and/or licensees. Without FunMobility Inc’s prior permission, you agree not to display or use in any manner the FunMobility marks.

10. GENERAL TERMS

Applicable Law. These Terms of Service and your use of the services will be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You expressly consent that the state or federal courts of Alameda County, California shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or any claim involving FunMobility Inc or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers, and you hereby covenant that you will not bring suit in any other jurisdiction.

Severability of Terms. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of the Terms of Service will continue in full force and effect.

Entire Agreement. These Terms, which incorporate by reference the FunMobility Privacy Policy, constitute the entire agreement between the parties with respect to your use of the Service or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by FunMobility Inc. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

Assignment of Terms. These Terms may not be assigned by any user of FunMobility. These Terms may be assigned by FunMobility Inc and shall inure to the benefit of FunMobility Inc, its successors and assigns.

No Right of Survivorship or Transferability. You agree that your FunMobility account, including any optional profiles you may create, is non-transferable and any rights to your account or the contents thereof terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

FUNMOBILITY’s Remedies. You agree that any unauthorized use of the FunMobility services, would result in irreparable injury to FunMobility Inc and/or its affiliates or licensors for which money damages would be inadequate. In such event FunMobility Inc, its affiliates and/or licensors, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity. Nothing contained in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that FunMobility Inc, its affiliates and/or licensors may have, including but not limited to, any claim for intellectual property infringement.

Indemnity. By using the FunMobility services, you agree to indemnify and hold FunMobility Inc, its affiliates, employees, directors, successors and assigns, harmless for any violation or against any third party claim, damages or demand, including reasonable attorneys’ fees, relating to or arising out your use of the services, your violation of these Terms, or your violation of any rights of another party.

11. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Disclaimer of warranties: By using the FunMobility services you expressly understand and agree that: the FunMobility services, and all materials, applications, information, products and services included in the FunMobility services are provided “as is” with no warranties by FunMobility Inc, or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the “FunMobility entities”). FunMobility and the FunMobility entities expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

FunMobility Inc and the FunMobility Inc entities disclaim any warranties that the FunMobility services will meet your requirements, or that your access to the same will be uninterrupted or error-free. FunMobility Inc and/or the FunMobility Inc entities, do not warrant, guarantee, or make any representations regarding the use or the results of the use of the FunMobility services, with respect to the accuracy, operability, availability, security, reliability, timelines, and performance of the FunMobility services. FunMobility Inc disclaims any responsibility for the deletion or failure to store any content.

You understand and agree that you download or otherwise obtain material or data through the use of the FunMobility services at your own discretion and risk and that you will be solely responsible for any damages to your mobile phone, mobile phone service or computer system or loss of data that results from the download of such material or data. You will not hold FunMobility Inc and/or the FunMobility Inc entities responsible for any damages that result from you using the FunMobility services including, but not limited to, any infections or contaminations of your devices you use to access the same or to transfer downloads that may result from that use.

No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to FunMobility Inc and/or the FunMobility Inc entities as applicable. FunMobility Inc and the FunMobility Inc entities disclaim any warranties for services or goods received through or advertised on the FunMobility services or received through any links provided by the FunMobility services.

The FunMobility services may contain links to third-party websites or services that are not owned or controlled by FunMobility Inc. FunMobility Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, FunMobility Inc will not and cannot censor or edit the content of any third-party website or service. By using the FunMobility services, You expressly relieve FunMobility Inc from any and all liability arising from your use of any third-party website or services. FUNMOBILITY INC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FUNMOBILITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FunMobility Inc does not endorse any User Submission or the views, opinions, recommendations or advice expressed via the FunMobility services. FunMobility Inc is not responsible for any User Submission content or the accuracy, usefulness or safety thereof, no matter the source. FunMobility is not obligated to review the User Submissions for any reason. You may be exposed to User Submissions that are inaccurate, offensive, indecent, objectionable, infringing, and you hereby agree to waive any legal rights and remedies you may have against FunMobility.

The FunMobility services are controlled from FunMobility Inc’s facilities in the United States. FunMobility Inc makes no representations that the FunMobility services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Limitation of liability under no circumstances, shall FunMobility Inc and the FunMobility Inc entities as applicable, be liable for any unauthorized use of the FunMobility services.

Under no circumstances, including, but not limited to, negligence, shall FunMobility Inc and the FunMobility Inc entities be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use of, reliance on, or the inability to use FunMobility services, or from the interruption, non-performance, suspension, or termination of the FunMobility services (including such damages incurred by third parties), even if FunMobility Inc and the FunMobility Inc entities as applicable, have been advised of the possibility of such damages.

This limitation shall also apply with respect to damages incurred by reason of advice, information, services or goods received through, or advertised on the FunMobility services or received through any links provided in the FunMobility services.

Without limiting the foregoing, FunMobility Inc or its licensors shall not be liable for any delay, interference or failure in performance resulting directly or indirectly from acts or conditions beyond its reasonable control, including without limitation, fire or other casualty or accident, internet failures, telephone equipment failures, acts of god, severe weather conditions, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency.

Exclusions and limitations some states or other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages so the above exclusions may not apply to you. You may also have other rights that vary

12. PROCEDURES FOR CLAIMS OF COPYRIGHT INFRINGEMENT

FunMobility Inc respects the intellectual property rights of others. FunMobility Inc may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be repeat copyright infringers. If you believe that your work has been used in a way that constitutes copyright infringement, please send notice to FunMobility Inc Copyright Agent, including the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Copyright Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices can be sent to FunMobility Inc’s Copyright Agent at

Registered Copyright Agent
Attn: DMCA Notice
COMPANY: FunMobility Inc.
ADDRESS: 4234 Hacienda Drive Suite 200, Pleasanton, California 94588
Telephone: (925) 598-9700
Fax: (925) 598-9770
Email: info@funmobility.com

13. CHANGE IN TERMS AND CONDITIONS AND FUNMOBILITY SERVICES

FunMobility Inc. may modify or terminate its Services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these Terms of Service by updating this posting. Please review these Terms of Service from time to time so that you will be apprised of any changes. Use of this service following a change to the Terms of Service constitutes agreement to the new Terms. If you cannot comply with the amended Terms, your only remedy is to not use the FunMobility services.

©2010 FunMobility Inc. Artist names for identification purposes only. Third party trademarks are the property of their respective owners. Depiction or mention of handsets or other FunMobility-compatible devices does not indicate their manufacturers’ partnership, endorsement or sponsorship of FunMobility. iPhone™ is a registered trademark of Apple Inc. Apple is not a partner or sponsor of FunMobility.