Welcome to Funtoosh, operated by Six87 Communications (“us”, “we,” “Our”
the “Company” or “Funtoosh”).
By creating a Funtoosh account or by using our service, whether through a
mobile device, mobile application or computer (collectively, the “Service”) you
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.
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
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
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
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
express or imply that any statements you make are endorsed by
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
use the Service in any way that could interfere with, disrupt or
negatively affect the Service or the servers or networks connected to
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
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
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
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
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
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
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
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
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. Paid Memberships.
Generally. Funtoosh may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, or other payment platforms authorized by Funtoosh. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize us or the third party account, as applicable, to charge you.
Auto-Renewal. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Account Settings on Funtoosh) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Funtoosh application from your device. Deleting your account on Funtoosh or deleting the Funtoosh application from your device does not cancel your subscription; Funtoosh will retain all funds charged to your Payment Method until you cancel your subscription on Funtoosh or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method information from the account setting of the Service making the auto-renewal OFF/ON. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Refunds. When you pay Funtoosh for any paid plans or for any virtual items, you agree to get zero refund amount on all purchases irrespective of the mode of payment. ALL PURCHASES ON OUR PLATFORM ARE NON-REFUNDABLE and there are no refunds or credits for partially used periods.
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.
12. 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.
13. 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.
14. 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.
15. Entire Agreement; Other.
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