Terms of Use

Welcome to Funtoosh, operated by Six87 Communications (“us”, “we,” “Our” the “Company” or “Funtoosh”).

1. Acceptance of Terms of Use Agreement.

By creating a Funtoosh account or by using our service, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our privacy policy, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all or any part of the terms of this Agreement you should not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The latest version of this Agreement will be posted on the Service under Sign up and also on www.funtoosh.video, and you should regularly check for the same.If the changes include material changes that affect your rights or obligations,we will notify you by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Funtoosh, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

2. Eligibility.

You must be at least 13 years of age or older to create an account on Funtoosh and use its Service. By creating an account and using the Service, you represent and warrant that:

 you can form a binding contract with Funtoosh,
 you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
 you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

3. Your Account.

In order to use Funtoosh, you can sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Funtoosh users. For more information on what information we collect from you, please check our Privacy Policy.

You are fully responsible for maintaining the confidentiality of your login credentials you use to sign up for Funtoosh, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please let us know immediately by contacting us.

4. Service modification and Termination.

Funtoosh always strives to improve the Service and bring you additional functionality that you will find engaging and useful. So,we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

Funtoosh may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you : Section 4, Section 5, and Sections 11 through 15.

5. Safety; Your Interactions with Other Users.

Though Funtoosh strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Funtoosh’s Community Guidelines prior to using its service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FUNTOOSH DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. FUNTOOSH RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT FUNTOOSH MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

6. What Rights Funtoosh Grants You.

Funtoosh grants you a personal, worldwide, royalty-free, non-assignable, non- exclusive, revocable, and non-sub licensable license to access and use the our service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Funtoosh and permitted by this Agreement. So, you agree not to:

 use the Service or any content contained in the Service for any commercial purposes without our written consent.
 copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without our prior written consent.
 express or imply that any statements you make are endorsed by Funtoosh.
 use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
 use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
 upload viruses or other malicious code or otherwise compromise the security of the Service.
 forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
 “frame” or “mirror” any part of the Service without Funtoosh’s prior written permission.
 use meta tags or code or other devices containing any reference to Funtoosh or the Service (or any trademark, trade name, service mark, logo or slogan of Funtoosh) to direct any person to any other website for any purpose.
 modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
 use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
 use, access, or publish the Funtoosh application programming interface without our written consent.
 probe, scan or test the vulnerability of our Service or any system or network.
 encourage or promote any activity that violates this Agreement. The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

7. What Rights you Grant to Funtoosh

By creating an account, you grant to Funtoosh a worldwide, transferable, sub- licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content shall be non-exclusive, except that our license shall be exclusive with respect to derivative works created through use of the Service. For example, We would have an exclusive license to screenshots of the Service that include your Content. In addition, so that we can prevent the use of your Content outside of the Service, you authorize us to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Funtoosh users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Funtoosh. You understand and agree that we may monitor or review any Content you post as part of our Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of our Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account. In consideration for Funtoosh allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback regarding our Service, you agree that we may use and share such feedback for any purpose without compensating you.

You agree that Funtoosh may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules.

By using our Service, you agree that you will not:
 use the Service for any purpose that is illegal or prohibited by this Agreement.
 use the Service for any harmful or nefarious purpose.
 use the Service in order to damage our reputations.
 Violate our community guideline as updated from time to time.
 spam, solicit money from or defraud any users.
 impersonate any person or entity or post any images/Videos of another person without his or her permission.
 bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
 post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
 post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
 post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
 solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
 use another user’s account, share an account with another user, or maintain more than one account.
 create another account if we have already terminated your account, unless you have our permission.
Funtoosh reserves the right to investigate and/ or terminate your account without any prior notice if you have violated this Agreement, misused the Service or behaved in a way that we regard as inappropriate or unlawful, including actions or communications that occur on or off the Service.

9. Other Users’ Content.

Although Funtoosh reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and we cannot guarantee that all Content will comply with this agreement. If you see Content on the Service that violates this agreement, please report it within the Service or through the Contact us form.

10. Disclaimers.

FUNTOOSH PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FUNTOOSH DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. FUNTOOSH TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. FUNTOOSH DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.

11. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources.Funtoosh is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.

12. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNTOOSH, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WE AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 12 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. DISPUTES IF ANY WILL BE HANDLED AS PER THE INDIAN LAWS AND ITS JUDGEMENT WILL BE FINAL AND BINDING TO ALL.

13. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Funtoosh, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

14. Entire Agreement; Other.

This Agreement, along with the Privacy Policy, the Community Guidelines, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and Funtoosh regarding your relationship with Funtoosh and the use of the Service. You agree that your Funtoosh account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Funtoosh in any manner.