To use the Service, you must be at least 13 years of age. If you are under eighteen years of age, or at least 13 years of age but a minor where you live or otherwise do not have the authority to enter into agreements such as the Terms, you must have your parent or legal guardian accept your registration on your behalf and approve your use of the Service.
Please note, that if you are a minor where you live and use the Services without consent from parental or legal guardian Funzi has the obligation to delete any personal data collected from you. If you are a legal guardian of a child who is registered to the Service without your consent you can contact us at http://funzi.mobi/feedback and ask us to remove any information about the minor in question providing their details to us via feedback form.
To use certain parts of the Service you might need to register and create a Funzi Account with a username and password or carry out the registration through third party services (such as Facebook). In registration you need to provide us with certain personal and other information in order for Funzi to provide you with the Service. Funzi may verify your email address and/or telephone number that you have provided during and after registration.
You as a user have the right to terminate this agreement and your account by sending Funzi a request for removal of your account if you no longer wish to continue to use the Service. After termination you will have no access to the Service. Funzi may terminate your registration or restrict your access to the Service. Funzi has the right to terminate this agreement and your account if Funzi has a reasonable cause to believe that you have breached the Terms.
5.1 License to Service and Content.
Funzi grants you a non-exclusive, non-transferable license, revocable at any time at Funzi’s sole discretion, to access and use the Service strictly in accordance with the Terms. Funzi does not transfer to you any intellectual property rights to any information or Content in the Service as the Service and any Content are licensed, not sold, to you. As part of the Service, Funzi may provide you with content developed by Funzi or its partners and licensors (“Content”). Funzi grants you a non-exclusive and perpetual license to use Content for the purpose it is intended to be used in the Service or otherwise if separately set forth by Funzi. You have only the rights to the Content, which are expressly granted here.
All of the Content is licensed to you by Funzi if not otherwise informed to you in connection when you acquire the Content. All Content provided to you by third parties are licensed to you by the respective third party. You need to use any third party Content in accordance with the respective third party’s license terms.
5.2 License to and other terms governing the Material you provide to Funzi.
You may be able to submit information or content (such as messages, pictures, videos etc.) (“Material”) to the Service or otherwise to be used by Funzi (for example, through Funzi’s Instagram, or other social media account). By submitting Material to Funzi you grant Funzi a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under copyrights and all other intellectual property rights to use, reproduce, publish, publicly display, distribute, modify, create derivative works of, publicly perform, make available, and otherwise exploit such Material in all media formats and channels now known or hereafter devised. You agree that submission of Material does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever.
You are responsible for not posting any Material, which infringes any third party’s intellectual property rights such as copyrights or trademarks.
You are solely responsible for taking backup copies of the Material you upload or store on the Service. If the Service is discontinued or canceled, Funzi may permanently delete the Material from the Service. Funzi has no obligation to return the Material or any data to you after the Service is discontinued or canceled.
6. Using the Service and Content
You agree to:
• Comply with applicable laws, the Terms and good manners when using the Content and Service;
• Use the Service and Content only for your personal, non-commercial purposes;
• Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libellous or otherwise inappropriate Material;
• Obtain any consents, permission or licenses that may be legally required for you to submit any Material;
• Respect the privacy of others;
• Not to give out your password or otherwise allow other people to access the Service or Content.
• Not to distribute or post spam, unreasonably large files, chain letters, pyramid schemes or viruses;
• Not to use any other technologies or initiate other activities that may harm the Service or Content, or the interest or property of the Service users;
• Not to use any automated systems or means to access, acquire, copy or monitor any part of the Service or Content; and
• Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content or Service available unless otherwise authorized in the applicable Terms.
Funzi may but has no obligation to:
• Monitor or moderate any Content or Material;
• Remove any Material or Content from the Service; and
• Restrict access to any part of the Service or Content at any time in its sole discretion.
7. No Medical Advice
Any medically related information, whether Content or otherwise possibly found on the Service, is not intended to be medical advice or instructions for medical diagnosis or treatment, and no doctor-patient relationship is, or is intended to be, created. The Service is not a substitute for professional medical advice, examination, diagnosis, or treatment and Funzi never gives any medical advice through the Service or otherwise.
8. Allegations of Copyright Infringement
You may notify Funzi of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to email@example.com, (b) by a document titled “Copyright Notification” mailed to Funzilife Oy, Tekniikantie 2, 02150 Espoo, Finland, or (c) via the online form, if available.
Your notice must: (1) identify the original copyrighted work you claim is infringed and (2) identify the Content or information on the Service that you claim is infringing the copyrighted work. We are only able to accept notices in the languages in which the Terms are made available by us and can respond to such notice only if provided the necessary contact information.
Funzi may post notices within the Service. Funzi may also send you notices about products and services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from Funzi sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.
Your use of the Service may be or may become subject to charges. Any fees charged by Funzi will be announced separately in connection with the Service or Content. Use of the Service may involve transmission of data through your service provider’s network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider. Funzi assumes no responsibility for the payment of any charges of your service providers.
11. Order and Payment Terms
"Order" shall mean the selection of payable Content and/or subscription to Content offered by Funzi and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow. To place an Order within the Service, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may place Orders only with the prior consent of your parent or legal guardian. You agree that all Orders shall be legally valid and binding. You may pay by credit or debit card, network service provider billing, or other payment methods as available from time to time. Funzi will charge your credit card or debit your bank account within a reasonable time after you have made your Order. Any possible Order-specific payment terms are provided to you in connection when making the Order.
12. Cancellations and Refunds
You agree to the electronic delivery of Content being initiated concurrently with the placement of your Order. You will not be able to cancel your Order once it has been processed. The nature of the Content is such that it cannot be returned. In the event that after your Order you discover and promptly inform Funzi within 48 hours that (a) the Content you have ordered is faulty; (b) the Content Funzi delivers to you does not match the description of the Content you ordered via the Service; or (c) technical problems delayed or prevented delivery of your Content or accidental multiple orders caused by such technical problems, your sole and exclusive remedy with respect to such Content will be either replacement of such Content, or refund of the price paid for such Content, as determined solely by Funzi. Otherwise, no refunds are available. If you encounter any of the above issues, please contact firstname.lastname@example.org.
13. Feedback to Funzi
By submitting any ideas, feedback and/or proposals ("Feedback") to Funzi through the Service or other means, you acknowledge and agree that: (1) Funzi may have similar development ideas to the Feedback; (2) your Feedback does not contain confidential or proprietary information of you or any third party; (3) Funzi is not under any obligation of confidentiality with respect to the Feedback; (4) Funzi may freely use, distribute, exploit and further develop and modify Feedback for any purpose; and (5) you are not entitled to any compensation of any kind from Funzi.
14. Availability and Technical Requirements
The availability of Content and the Service may vary and is subject to Funzi’s sole discretion. Funzi expressly disclaims any representation or warranty that any particular Content or Service will be available. The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.
To access the Service, you may need to download a specific piece of software developed by Funzi or by another party. Funzi may, in its sole discretion, change, correct or discontinue the Service in whole or in part. The Service may not be available during maintenance breaks and other times. To ensure you have the latest device software and applications, your device may automatically check for the availability of software updates from Funzi. If any are detected you will be prompted to approve the installation. You may disable automatic checking for updates through settings in your device. You may also install software through available software update channels. If Funzi considers a software update to be important or critical you may not continue using the previous version of the software. Funzi may prevent your use of the previous version of the software or Service until you install the update.
Funzi may disable any Content or Software contained in your Service account for any reason and remove any Content or Software and/or disable copies of any application on your device in order to protect the Service, application providers, wireless carriers over whose network you access the service or any other affected or potentially affected parties.
15. Links to Third Party Sites and Content
Funzi may include access to sites and services on the internet or preloaded clients that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Service. Funzi has no control over the third party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Funzi endorses the site or the products or services referenced in the site. In addition, you and other users may create content and links to content within the Service that has not otherwise been submitted to the Service. Funzi is not responsible for this type of content or links.
16. Personal Data
17. Disclaimer and Limitation of Liability
THE SERVICE IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. FUNZI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR OR VIRUS-FREE. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT OF THE SERVICE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT FROM VARIOUS SOURCES.
EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FUNZI’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, FUNZI IS NOT LIABLE FOR ANY DIRECT DAMAGES CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE OR CONTENT. IN NO CASE WILL FUNZI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR CONTENT.
You agree to defend and indemnify Funzi from and against all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.
19.1 Choice of Law
The Terms are governed by the laws of Finland without regard to its conflicts of law provisions, except that if you live in a jurisdiction which provides you with inalienable rights as a matter of mandatory local law, there may be certain mandatory applicable laws of your jurisdiction which apply for your benefit and protection in addition to or instead of certain provisions of Finnish law.
19.2 Dispute Resolution
Any and all disputes arising out of the Service, Content or the Terms shall be resolved in the District Court of Helsinki, Finland, except that if you live in a jurisdiction which provides you with inalienable rights as a matter of mandatory local law, you can choose to bring legal proceedings either in your country or in Finland, but if we bring legal proceedings, we may only do so in your jurisdiction.
The Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of the Terms is found to be invalid, the remaining provisions will not be affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of the Terms are not relevant to your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole.
In case of any discrepancies between the different language versions of the Terms, the Terms in the English language shall prevail.
19.5 Changes in Terms
Funzi may modify the Terms at any time with a prior in-site notice published on Funzi’s site. If the Terms are changed in a material way, Funzi will provide a separate in-site notice advising of the change.
20. Intellectual Property
The Service and Content are protected under international copyright laws. Funzi claims copyrights in the Service and Funzi’s Content to the maximum extent of the law. Subject to the Terms, Funzi retains all right, title and interest in the Service andits Content and in all other Funzi products, software and other properties provided to you or used by you through the Service.
Funzi may assign its rights and obligations under the Terms to its corporate parent, any of its subsidiaries, or to any company under common control with Funzi. Additionally, Funzi may assign its rights and obligations under the Terms to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
Copyright © 2021 Funzi Oy. All rights reserved.