Funfull, Inc is a company with registered address 31236 Meadowview Square, Delmar, DE 19940 (“Funfull”, “we”, “our”, “ours”, “us”).  The Terms & Conditions (the “Terms”) apply to any visitor or user (“you”, “your”, “yours”) of the Funfull website www.funfill.com (the “Website”), the Funfull various software applications such as the mobile application or any other service or communication of Funfull (the “Services”, which include the “Website”). The conditions within the Terms that apply exclusively to Merchant Partner customers of our Services depend on the eligibility and registration of visitors or users to obtain a Merchant Partner account with us, after which such visitors or users become Merchant Partners (singularly, a “Merchant Partner”) of the Services.  All of the Terms that apply to visitors or users also apply to all Merchant Partners, and accordingly any reference to a “Merchant Partner” is also a reference to “you”.  Upon accessing or using any of the Services, you agree to be bound by the Terms, and if you do not agree with the Terms, then you must immediately cease using the Services.  If you continue to use the Services, bear in mind that you continue to be engaged in a legally binding contract between you and Funfull.

Funfull runs its Services to benefit its primary users, which include Consumers and Merchant Partners, and the spirit of the Services is that “Funfull facilitates the Consumer to Merchant Partner experience by making the entry process to Member Locations of Merchant Partners more streamlined, flexible, and affordable.”  By agreeing with the Terms, you acknowledge and agree that Funfull provides its Services as a facilitator of services provided by Merchant Partners and Gift Card providers and not any other service except as specified in the Terms.

Disputes that cannot be resolved directly between you and Funfull under the Terms will be handled via arbitration as described in Clause 13.1, which you are expected to review.  Should you not agree with Clause 13.1, then as stated in the initial paragraph, you must immediately cease using the Services.

Application of the Terms

1. These Terms govern the use of the Services.  Funfull offers information about its various activities through the Website and accordingly its Services.
2. These Terms apply to all visitors or users of the Services, including without limitation visitors or users who are browsers, Consumers, merchants such as Merchant Partners, and/or other possible visitors, and not identifying as one of these types of visitors or users does not prevent the Terms from applying to someone accessing the Services, as the Terms may apply to others differently; the Terms also apply to a prospective Merchant Partner where Funfull has created an account on behalf of a prospective Merchant Partner, and after the transfer of the account from Funfull to the prospective Merchant Partner, the prospective Merchant Partner agrees to the Terms when they use the Services according to Clause 1.8.
3. Any new features or tools, which are added to the Services, also are subject to the Terms.
   
4. The Privacy Policy, which governs the use of personal data by Funfull, is incorporated into these Terms by reference.
1. The Services provide links to third parties that may have links to features such as images or comments, and we do not control, maintain or endorse any content or images from third parties. 
2. Interactions between the Services and third-party services require you to log in to your account at your own risk. Funfull does not control any of these web services or content. 
3. By using any third party service that interacts with the Services, you agree to your information being shared with such third parties, that your personal information may be disclosed and/or associated with you, and that your use of third party service is done so at your own risk.
5. You can review the most current version of the Terms at any time on this page.  
6. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website or other Services, or as applicable by our application hosting provider; in any event, we will execute on whichever requires more action by us for us to be compliant with laws, regulations, and other contractual agreements we may have.  
7. It is your responsibility to check this page periodically for changes to the Terms.  
8. Your continued use of or access to the Website or the Services following the posting of any changes constitutes acceptance of those changes to the Terms.
9. These Terms constitute the entire agreement between you and Funfull, and any other terms discussed between you and Funfull external to this agreement, shall not affect the terms of this agreement nor shall they form part of these Terms unless otherwise specified in writing in such external agreement.

Eligibility

1. All prospective Merchant Partners warrant that they have the relevant business licenses, registrations, and any other required status as determined by local, state, and federal laws and regulations.
2. All prospective Merchant Partners must have a physical business address (also referred to as the Member Location) that they will provide when signing up for an account, and this is the address where potential Consumers will use the Merchant Partner’s products or services.
3. If prospective Merchant Partners lack what is required according to Clauses 2.1 and 2.2, they are not eligible to use the Services and must cease any attempts to use the Services as a Merchant Partner.

 Conduct

1. Merchant Partners are responsible for verifying that Consumers comply with the Merchant Partner’s own policies, rules, guidelines, or any other terms as between the Merchant Partner and the Consumer; the Merchant Partner uses the Services to facilitate its own legal relationship between itself and Consumers and the Consumers’ additional guests concerning the Merchant Partner’s services.
2. Further to Clause 3.1 and subject to the Special Terms, Merchant Partners agree to treat Consumers no differently from their consumers not using Funfull except as otherwise provided in these Terms; for the avoidance of doubt, the relationship between a Merchant Partner and a Merchant Partner’s customer does not involve Funfull.
3. Merchant Partners agree to behave responsibly when using the Services and in such a manner that does not put Funfull in disrepute.
4. Merchant Partners failing to comply with any of the Terms are subject to either suspension or expulsion from using the Services.
5. Merchant Partners must not engage in or encourage fraudulent activity or use the Services in any harmful way whatsoever including but not limited to selling any Invitation to use the Services.
6. Merchant Partners must provide only true, accurate, current, easy-to-understand, and complete information in the course of using the Services, and they agree to correct the information in a reasonable amount of time if any of the information changes.
7. Merchant Partners must not upload offensive content to their profiles.
8. Merchant Partners must respect the reputation of Funfull, and Merchant Partners cannot appropriate the brand and attempt to represent the brand without Funfull’s express permission.
9. Only a Merchant Partner can use their own account, and where applicable, only Merchant Partner sub-users can use their own respective account, and any unauthorized usage of any account may result in Funfull either suspending or expelling the Merchant Partners from using the Services.
10. Merchant Partners must not use the Services for any illegal or unethical purposes.
11. Merchant Partners must not disable or disrupt the Services in any way.
12. Merchant Partners may not upload or use any offensive content on the Services.
13. Furthermore, all Merchant Partners agree not to:
1. collect personal data about other users or entities by using the Services for commercial or unlawful purposes;
2. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
3. attempt to gain unauthorized access to computer systems owned or controlled by Funfull or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services. or
4. use any automated device or software that enables the submission of automatic postings on Funfull without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
5. Funfull respects the rights and protections Merchant Partners have within the Terms and following the law, and Funfull expects all Merchant Partners to show the same respect.

Account & Security

1. Registration of a prospective Merchant Partner’s user account may be done by Funfull on the Merchant Partner’s behalf, and the separately agreed special terms as between Funfull and the Merchant Partner will apply as discussed in a written agreement between Funfull and the Merchant Partner (the “Special Terms”); where such Special Terms conflict with any of the Terms, the Special Terms shall prevail.
2. To use the Services as a Merchant Partner, you must meet the eligibility requirements stated in Clause 2.
3. During the registration process, you acknowledge that you will need to provide information as described in Clause 1.4, which refers to the Privacy Policy.
4. All Merchant Partners must protect and secure their login credentials, and are fully responsible for any activity resulting from the use of their credentials.
5. Where applicable, Merchant Partners can add sub-users to their account, and accordingly, they are responsible for the activities of their sub-users.
6. Any violation of the terms by Merchant Partner sub-users will be considered a violation of the terms by the Merchant Partner.
7. All Merchant Partners further acknowledge that they will maintain compliance with Clause 3.9 and that any violation of this term may result in suspension or expulsion from the Services.
8. You represent and warrant that the personal data you provide to Funfull is true, accurate, current, and complete.
9. You are required to provide relevant payment details into your account and therefore must have a payment account to obtain payment.
10. Where applicable, if your Member Location makes use of dedicated APIs, such as those of Egifter or any other Gift Card service provider, you are responsible for ensuring all configurations are correct.
11. All Merchant Partners acknowledge that any fraudulent activity carried out with their account may lead to suspension from the Services along with both the freezing of funds or any other assets held by Funfull on behalf of the Merchant Partner through the Services. 
12. If you believe that your account has been compromised in any way including by unauthorized access from hackers or other individuals, you must promptly notify Funfull by email to support@funfull.com. 

Listing

• Funfull may or may not show the listings for certain Member Locations both based on Consumer preferences as stored in the Services and depending on the Consumer’s Membership which clarifies the set of possible Member Locations (the “Group”) to which the Consumer may gain entry via the Services.

• Funfull does not discriminate against consumers based on race, color, ethnicity, gender, orientation, or any other fact, taking into account that Funfull does apply a Minimum Age Requirement and that Consumers and their Family Members must be both in the United States and have eligibility to be in the United States to use the Services.

• Member Locations on the Funfull platform are not owned or controlled by Funfull unless otherwise explicitly stated, and accordingly, any issues or questions relating to products or services offered by these Member Locations are the responsibility of the Merchant Partners for these Member Locations.

• The availability of Member Locations is dependent on the associated Merchant Partner and the information they have provided to Funfull, and Funfull does not take any responsibility as to a Merchant Partner’s availability, benefits, or actions.

• Member Locations may or may not be removed from listing after you purchase any membership that provides access to the Member Locations.

• Merchant Partners acknowledge that they will use the Services with the understanding that Funfull operates its Services applying Clauses 5.1 – 5.5, noting that Funfull may use the Merchant Partner’s location, logo, name, address, and other details relevant to allowing Consumers to check-in at the Member Location.

• To remain listed in the Services and compliance with the Terms, Merchant Partners agree to display promotional materials about Funfull such as flyers, brochures, and other marketing materials within the Member Location (“Promotional Materials”) for as long as the Merchant Partners remain listed and as otherwise agreed in the Special Terms.

• Funfull will provide the Promotional Materials to the Merchant Partners, and the Merchant Partners agree to display the Promotional Materials in areas of their Member Locations that enable potential Consumers of Funfull to view the Promotional Materials in reasonable advance of such Consumers’ purchase of entry into the Member Locations without using the Services.

• Merchant Partners must not unreasonably obstruct potential or actual Consumers’ ability to view the Promotional Materials within any of their Member Locations.

Funfull Cash, Gift Cards & Invitations

• “Funfull Cash” is a non-monetary form of credit used within the Services, and in the course of using the Services, Consumers may be able to purchase Funfull Cash which can be used to gain permission to use Merchant Partner or other services per Funfull’s agreement with that Merchant Partner or those other services.

• Merchant Partners are not directly involved in the process of Consumers acquiring Funfull Cash.

• Merchant Partners may not convert Funfull Cash into a monetary instrument.

• Merchant Partners must, where applicable, specify any relevant time limits and expiration dates for the use of any artifacts such as tickets or gift cards, and Funfull is not responsible for Consumers’ understanding of such time limits or expiration dates.

• Merchant Partners must allow valid gift cards associated with their business (the “Gift Cards”) to be redeemable at their participating Member Locations.

• Merchant Partners and Funfull are not responsible for how Consumers choose to use their Gift Cards.

• Merchant Partners can issue invitations to individuals under the Merchant Partner’s email domain who are employees of the Merchant Partner (the “Invitations”) to use the Services.

• Merchant Partners are responsible for granting access to individuals under their email domain before sending them Invitations.

• Merchant Partners cannot sell Invitations to anyone.

• Merchant Partners will not send Invitations to anyone under their email domain which is not an employee of the Merchant Partner.

• Funfull is not a Merchant Partner, does not control any Member Location, takes no responsibility, and shall not be held liable under any circumstances concerning the Consumer’s participation at a Member Location via Funfull, and should the Consumer be involved in any injury, accident, or any other issues concerning their participation at a Member Location, the Merchant Partner acknowledges that they must resolve the issue with the Consumer.

• Funfull is a facilitator of the Merchant Partner’s services and Funfull’s relationship with the Merchant Partner extends to the communication of Funfull purchases, the number of entries granted from the Merchant Partners, and the benefits provided to Consumers through their or their Family Members’ Membership.

Membership & Check-Ins

• Merchant Partners acknowledge that Consumers may use the Services under the available tiers: Free, Paid.

• Merchant Partners acknowledge that Consumers using the Free tier may browse through the available Member Locations via the Application, but they cannot obtain entry to the available Member Locations via Funfull.

• Merchant Partners that accept Gift Cards can allow Consumers using the Free tier to pay for products or services at a participating Member Location using such Gift Cards.

• Merchant Partners acknowledge that Consumers may purchase a membership subscription with Funfull (a “Membership”) both individually and for each added Family Member to such Consumers’ accounts to obtain further benefits and discounts with the Merchant Partners of Member Locations registered with Funfull.

• Any Membership sign-up fee paid by the Consumer is to be paid solely to Funfull.

• Merchant Partners acknowledge that Consumers’ completion of the check-in process to enable entry into a Member Location to use its services is called an “Admission” and that Admission to a Member Location is possible either through a specific number of tickets represented by a single entry pass that must be provided by each of the Consumer and their Family Members and their guests (the “Tickets”) or via a generated access code provided by each of the Consumer and their Family Members and their guests (the “Unique Code”).

• Merchant Partners granting Admission to their Member Locations by use of Tickets must specify the number of Tickets required to grant admission.

• Merchant Partners can specify that their Member Location has the option of allowing consumers to subscribe to an unlimited entry plan with the Member Location of the Merchant Partner (“Unlimited Play”).

• Merchant Partners must allow Consumers and Family Members with Unlimited Play to use the services available at the Member Location as many times as such Consumers or Family Members desire provided that this use is consistent with the Merchant Partner’s terms.

• Merchant Partners agree to notify Funfull before changing any terms that may affect Funfull’s opinion as to whether the Merchant Partner should be eligible to offer Unlimited Play.

• Subject to Consumers being compliant with Funfull’s Terms & Conditions for Consumers and also subject to the Special Terms, Merchant Partners must allow Consumers to complete check-in at a Member Location to gain Admission if the Consumer provides either:

1. a Unique Code provided to the Consumer upon the Consumer pressing “Check-In” on the Application and then input into the Application (“Unique Code Check-In”), or 
2. the relevant Tickets to the Merchant Provider to validate their check-in (“Ticket/Coupon Check-In”).

• Merchant Partners are not responsible for the security of Consumers’ Tickets or Unique Codes.

• Merchant Partners must ensure the check-in process with Funfull is complete before allowing Consumers to enter Admission-only areas of the Member Location.

• In case of any dispute as to whether privileges under a Membership or Unlimited Play are valid, the Merchant Partner must first attempt to resolve any dispute directly with the Consumer, and if the dispute is not resolved the Merchant Partner may inform Funfull at support@funfull.com to follow up if deemed necessary by Funfull.

Data: Sharing, Notifications

• The Merchant Partner’s data as granted by the Merchant Partner under the Terms may be used for targeted advertisements in line with the Privacy Policy.

• Funfull may send emails, written notices, text messages, or push notifications to the Merchant Partner.

• Funfull will collect the Merchant Partner’s location data to ensure check-ins are made securely and to provide a better user experience.

Intellectual Property

• All content and information that is present on pages, applications, or other materials via the use of the Services including without limitation text, graphics, images, and other items that can be viewed or used, is the property of Funfull or the property of their respective owners and is protected under the copyright laws of various jurisdictions.  Intellectual Property Rights in the Services belong to Funfull or its licensors as may be the case from time to time. 

• The Services and the materials on or accessible via them and the Intellectual Property Rights associated with them may not be copied, distributed, published, licensed, used, or reproduced in any way (save to the extent strictly necessary for, and for, accessing and using the Services). 

• Any derivative works based on Funfull’s Intellectual Property Rights shall belong to Funfull and you agree to assign, convey, and transfer any Intellectual Property Rights in the derivative works to Funfull.

• None of Funfull’s Intellectual Property Rights may be used by you without Funfull’s permission in writing, which includes that you may not improperly or in any way use Funfull’s brand without permission.

• For these purposes “Intellectual Property Rights” includes the following: any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret, and other confidential information, rights like any of these items in any country, rights like unfair competition rights and rights to sue for passing off or another similar intellectual or commercial right (in each case whether or not registered and registrations of and applications to register any of them).

• Funfull respects the Intellectual Property Rights of others, and should there be any instance in which another’s rights are infringed, we will follow the relevant procedure concerning the Digital Millennium Copyright Act (DMCA), should the Merchant Partner make the relevant request to support@funfull.com.

Payments & Refunds

• Payments

1. Merchant Partners will be paid $8 for each unique entry ticket redeemed by Consumers via Funfull unless otherwise specified in the Special Terms.
2. Merchant Partner accounts contain transaction history relating to purchases, redeemed Tickets, redeemed Unique Codes, or any other transaction relating to an Admission.
3. Merchant Partners are fully responsible concerning any applicable terms or laws applying to third-party services they use when receiving payment for our Services.

• Refunds

1. Funfull offers no refunds for its Services; should a Consumer need to obtain a refund for their purchase at the Member Location of the Merchant Partner, they are advised to contact the Merchant Partner.

DISCLAIMER, WARRANTIES, LIMITATION OF LIABILITY

• THE WEBSITE, SERVICES, AND ALL CONTENT, SERVER, AND NETWORK ELEMENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND Funfull EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

• FUNFULL DOES NOT GUARANTEE THAT THE SERVICES CONTENT ARE ACCURATE; ERROR-FREE; FREE OF VIRUSES; OR ANY OTHER HARMFUL ELEMENTS.  AS WITH ANY SERVICE, A USER MAY USE THE SERVICES, YET CAUTION SHOULD BE APPLIED IN THE USE OF ANY CONTENT OR MATERIALS, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE USER’S DEVICE OR COMPUTER, OR OTHER HARM.

• FUNFULL REITERATES THAT IT IS NOT A RIDESHARE PLATFORM, AND ACCORDINGLY THE TERMS THAT APPLY TO USING RIDESHARE PLATFORMS ARE INDEPENDENT OF Funfull.

• FUNFULL EXCLUDES ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.  THIS INCLUDES, WITHOUT LIMITATION, DIRECT LOSS, LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT THE LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED Funfull OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE CAUSED TO YOUR COMPUTER, SYSTEMS, AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL AND INCIDENTAL DAMAGES. IN NO EVENT WILL Funfull’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OR ACTION EXCEED THE LESSER OF EITHER ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE COST OF ANY SERVICES PAID BY THE USER.

• SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

• OCCASIONALLY THERE MAY BE INFORMATION ON THE SERVICES THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, AND AVAILABILITY.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).

• FUNFULL UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW.  NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICES OR ON ANY RELATED WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.

• ALL THE INFORMATION ON THE SERVICES PROVIDED BY Funfull DIRECTLY IS INTENDED FOR GUIDANCE ONLY.

• PRODUCTS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

• FUNFULL RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICES (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME.

• FUNFULL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF THE SERVICES.

Termination

• Funfull or the Merchant Partners may terminate their agreement to the Terms at any time, and once terminated, Merchant Partners must cease all use of the Services.

• Funfull may, upon termination, immediately remove the Merchant Partner’s details from the Services, resulting in Consumers being unable to use their Membership benefits at a Member Location of a Merchant Partner.

• Funfull has the right to monitor its own Services and to investigate and prosecute violations of any of the Terms to the fullest extent allowed either by the Terms or the law.  

• Funfull reserves the right to involve local law enforcement authorities in prosecuting users violating these Terms contrary to local law.

General

• All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of Delaware. 

• An award of arbitration may be confirmed in a court of competent jurisdiction.

• The arbitration will be administered by the American Arbitration Association (“AAA”) following the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. 

• The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

• Subject to Clause 13.1, these Terms are governed by the laws of Delaware, United States.  The Merchant Partner agrees to resolve any dispute exclusively in Delaware, United States for arbitration of all such disputes.

• Subject to Clause 13.1, if any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be severable from these Terms and will not affect the validity of any remaining provisions. Funfull’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.

• No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition. This dispute resolution provision will survive the termination of any or all of your transactions with Funfull.

1.Application of the Terms

1.1 These Terms govern the use of the Services.  Funfull offers information about its various activities through the Website, the Application, and  accordingly its Services.
1.2 These Terms apply to all visitors or users of the Services, including without limitation visitors or users who are browsers, Consumers, merchants such as Merchant Partners, and/or other possible visitors, and not identifying as one of these types of visitors or users does not prevent the Terms from applying to someone accessing the Services, as the Terms may apply to others in a different manner.
1.3 Any new features or tools, which are added to the Services, also are subject to the Terms.
1.4 The Privacy Policy, which governs the use of personal data by Funfull, is incorporated into these Terms by reference.
1.4.1 The Services provide links to third parties which may have links to features such as images or comments, and we do not control, maintain  or endorse any content or images from third parties.
1.4.2 Interactions between the Services and third-party services require you to log in to your account at your own risk. Funfull does not control any of these web services or content.
1.4.3 By using any third party service that interacts with the Services, you agree to your information being shared with such third parties, that your personal information may be disclosed and/or associated with you, and that your use of a third-party service is done so at your own risk.
1.5 You can review the most current version of the Terms at any time on this page.
1.6 We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website or other Services, or as applicable by our Application hosting provider; in any event, we will execute on whichever requires more action by us in order for us to be compliant with laws, regulations, and other contractual agreements we may have.
1.7 It is your responsibility to check this page periodically for changes to the Terms.
1.8 Your continued use of or access to the Website or the Services following the posting of any changes constitutes acceptance of those changes to the Terms.
1.9 These Terms constitute the entire agreement between you and Funfull, and any other terms discussed between you and Funfull external to this agreement, shall not affect the terms of this agreement nor shall they form part of these Terms.

 

2. Eligibility

2.1 You must be 18 or older in order to use an account tied to the Services in line with the Funfull age requirement (the “Minimum Age Requirement”).  

2.1.1 If you do not meet the Minimum Age Requirement, you must immediately cease use of the Services.

2.1.2 You warrant that you meet the Minimum Age Requirement by continuing the use of the Services.

2.1.3 If you meet the Minimum Age Requirement, you are eligible to add additional family members who are under 18 years old (“Family Members”) under your account only if you have legal responsibility over the Family Members.

2.1.4 Other Consumers may allow you to have their Family Members as guests while you are using the Services at a Member Location of a Merchant Partner. 

2.1.5 For the purposes of the Terms, such other Consumers’ Family Members would be treated as Family Members of the Consumer if they are guests of the Consumer when visiting such a Member Location.

2.1.6 If you are found to be using or are found to be allowing others to use the account tied to the Services while you or such others are below the Minimum Age Requirement, this will lead to immediate account suspension and possible legal prosecution of the relevant individual or individuals.

2.1.7 Any payment made by you is your agreement that you are at least 18 years old, and in any other event, you must immediately cease use of the Services.

2.1.8 Should Clause 2.1.6 apply due to your or another’s purchase or use of a service at a Member Location, the participating Merchant Partner associated with the Member Location will have knowledge of your agreement with these Terms to take any further steps between you and the Merchant Partner separate from the Services.

2.2 You must use the Services only within the United States, and you agree to comply with all applicable laws prior to using the Services, while warranting that you are eligible to be present in the United States according to all federal, state, and local laws and regulations.

2.3 You must not have any history of demonstrating dishonest or fraudulent behavior in commercial activity, especially in relation to software or systems involving financial transactions.

2.4 Consumers are able to use most of the Services by having ownership of an account with the Services, and they cannot use specific Services unless they have a Membership allowing such use.  

2.5 Consumers warrant that the account they intend to use for the Services will be their own and that the account and its data were not sold, transferred, licensed, or allocated to them by any third party or any other Consumer without Funfull’s permission.

2.6 Funfull has the ultimate authority in deciding whether any Consumer is eligible to use the Services.

3. Conduct

3.1 Consumers are responsible for the Family Members, including any guests, that they bring with them to Member Locations of Merchant Partners, and accordingly, any reference to “Consumers” involving activities performed by Family Members or guests of Consumers shall be treated as activities performed by such Consumers.

3.2 Consumers agree to comply with the terms of any third party service associated with the Services; for the avoidance of doubt, gift cards provided by another service may have their own terms that the Consumer is required to comply with separately from its relationship with Funfull or any Merchant Partner.

3.3 Consumers agree to behave responsibly when using the Services and in such a manner that does not put Funfull in disrepute.

3.4 Consumers failing to comply with any of the Terms are subject to either suspension or expulsion from using the Services.

3.5 Consumers must not engage in or encourage fraudulent activity or use the Services in any harmful way whatsoever including but not limited to selling any Invitation to use the Services.

3.6 Consumers must provide only true, accurate, current, and complete information in the course of using the Services, and they agree to correct the information in a reasonable amount of time if any of the information changes.

3.7 Consumers must not upload offensive content to their profile.

3.8 Consumers must respect the reputation of Funfull, and Consumers cannot appropriate the brand and attempt to represent the brand without Funfull’s express permission.

3.9 Only a Consumer can use their own account, and any unauthorized usage of any account may result in Funfull either suspending or expelling the Consumer from using the Services.

3.10 Consumers must not use the Services for any illegal or unethical purposes.

3.11 Consumers must not disable or disrupt the Services in any way.

3.12 Consumers may include other adults with their check-in as guests if such adults do not have their own account.

3.13 Furthermore, all Consumers agree not to:

3.13.1 collect personal data about other users or entities by using the Services for commercial or unlawful purposes;

3.13.2 use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Services, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;

3.13.3 attempt to gain unauthorized access to computer systems owned or controlled by Funfull or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services. or

3.13.4 use any automated device or software that enables the submission of automatic postings on Funfull without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.

3.14 Funfull respects the rights and protections Consumers have within the Terms and in accordance with the law, and Funfull expects all Consumers to show the same respect.

4.Account & Security

4.1 The Services include the Application as stated at the beginning of these Terms, and you will need to run this Application with a user account as a Consumer in order to use the Services.

4.2 In order to use the Services as a Consumer, you must meet the eligibility requirements stated in Clause 2, and you must also register an account with Funfull.

4.3 During the registration process, you acknowledge that you will need to provide information as described in Clause 1.4, which makes reference to the Privacy Policy.

4.4 All Consumers must protect and secure their login credentials and are fully responsible for any activity resulting from the use of their credentials.

4.5 All Consumers further acknowledge that they will maintain compliance with Clause 3.9, and that any violation of this term may result in suspension or expulsion from the Services.

4.6 You represent and warrant that the personal data you provide to Funfull is true, accurate, current, and complete.

4.7 If you believe that your account has been compromised in any way including by unauthorized access from hackers or other individuals, you must promptly notify Funfull by email to support@funfull.com. 

5. Listing

5.1. Funfull may or may not show the listings for certain Member Locations both based on Consumer preferences as stored in the Services and depending on the Consumer’s or their Family Members’ Membership which clarifies the set of possible Member Locations (the “Group”) to which the Consumer or their Family Members may gain entry via the Services.

5.2. Funfull does not discriminate against Consumers on the basis of race, color, ethnicity, gender, orientation, or any other fact, taking into account that Funfull does apply a Minimum Age Requirement and that Consumers and their Family Members must be both in the United States and have eligibility to be in the United States in order to use the Services.

5.3. Member Locations on the Funfull platform are not owned or controlled by Funfull unless otherwise explicitly stated, and accordingly, any issues or questions relating to products or services offered by these Member Locations are the responsibility of the Merchant Partners for these Member Locations.

5.4. The availability of Member Locations is dependent on the associated Merchant Partner and the information they have provided to Funfull, and Funfull does not take any responsibility for a Merchant Partner’s availability, benefits, or actions.

5.5. Member Locations may or may not be removed from the listing after you purchase any Membership that provides access to the Member Location.

6. Third Party Service Use, Funfull Cash, Gift Cards & Invitations

6.1 Further to Clause 3.2, Consumers agree to the terms and the policies of any service they use during the course of using the Services, and such services may include but not be limited to Merchant Partners, payment service providers, gift card service providers, and any other third party service related to the Services.

6.2 Funfull is not responsible for the availability and proper functioning of any third-party services related to the Services.

6.3 “Funfull Cash” is a non-monetary form of credit used within the Services, and in the course of using the Services, Consumers may be able to purchase Funfull Cash which can be used to gain permission to use Merchant Partner or other services per Funfull’s agreement with that Merchant Partner or those other services.

6.4 Once the Consumer acquires Funfull Cash, the Consumer acknowledges that it is not possible to convert Funfull Cash into a monetary instrument and that no refund option is available to convert Funfull Cash into money.

6.5 Benefits of using the Services must be redeemed within the time limits prescribed on relevant artifacts such as tickets or gift cards, and they may expire if not used according to the time limits prescribed by Funfull, or, where applicable, prescribed by the Merchant Partner or third party service according to their terms and policies.

6.6 The Consumer may or may not have to exit the Services in order to gain the benefits of using third-party services.

6.7 Consumers may purchase gift cards that may be redeemable at participating Member Locations (the “Gift Cards”).

6.8 Gift Cards can be tied to a Consumer user account, but Funfull may not be able to inform the Consumer about the remaining balance on any Gift Card, and accordingly, Consumers are responsible for managing the presence of Gift Cards on their account.

6.9 Consumers can invite others to use Funfull by sending them an invitation (an “Invitation”), and whenever a Consumer sends an Invitation, the Consumer that sent the Invitation is eligible to acquire Funfull Cash for each Invitation that results in the invited individual signing up with Funfull.

6.10 Invitation benefits may change from time to time at Funfull’s discretion.

6.11 Funfull is not a Merchant Partner and does not control any Member Location, and Funfull takes no responsibility and shall not be held liable under any circumstances with respect to the Consumer’s participation at a Member Location via Funfull, and should the Consumer be involved in any injury, accident, or any other issues in relation to their participation at a Member Location, the Consumer acknowledges that they must resolve the issue with the Merchant Partner.

6.12 Funfull is a facilitator of the Merchant Partner’s services and Funfull’s relationship with the Merchant Partner extends to the communication of Funfull purchases, the number of entries granted from the Merchant Partners, and the benefits provided to Consumers through their or their Family Members’ Membership.

7. Membership & Check-Ins

7.1. Consumers may use the Services under the available tiers: Free, Paid.

7.2. Consumers using the Free tier may browse through the available Member Locations, but they cannot obtain entry to the available Member Locations via Funfull.

7.3. Consumers using the Free tier may, where applicable, use Gift Cards to pay for using products or services at a participating Member Location.

7.4. Consumers may purchase a membership subscription with Funfull (a “Membership”) both individually and for each added Family Member in order to obtain further benefits and discounts with the Merchant Partners of Member Locations registered with Funfull.

7.5. Consumers may or may not be charged a sign-up fee upon purchasing a Membership as specified during the checkout process.

7.6. Consumers acknowledge that completion of the check-in process to enable entry into a Member Location in order to use its services is called an “Admission”, and that Admission to a Member Location is possible either through a specific number of tickets represented by a single entry pass that must be provided by each of the Consumer and their Family Members and their guests (the “Tickets”) or via a generated access code provided by each of the Consumer and their Family Members and their guests (the “Unique Code”).

7.7. Under a Membership, a specific number of tickets for entry to Member Locations (“Tickets”) will be allocated to the holder of the Membership on a monthly basis.

7.8. If a Member Location requires Admission through the use of Tickets, Consumers and their Family Members and their guests can gain Admission by providing an entry pass represented by the number of Tickets the Merchant Partner requires for each Admission, as some Member Locations may require only 1 Ticket for Admission, but others could require 2 Tickets, 3 Tickets, and any other number of Tickets they may require for Admission.

7.9. At participating Member Locations, Consumers may subscribe to an unlimited entry plan with the Member Location of the Merchant Partner (“Unlimited Play”).

7.10 Consumers and Family Members with Unlimited Play can use the services available at the Member Location as many times as desired provided that this use is consistent with the Merchant Partner’s terms.

7.11. In order to complete check-in at a Member Location, Consumers must provide either:

7.11.1 a Unique Code provided to the Consumer upon the Consumer pressing “Check In” on the Application (the “Unique Code”) and then input into the Application (“Unique Code Check-In”), or 

7.11.2 the relevant Tickets and provides them to the Merchant Provider to validate their check-in (“Ticket/Coupon Check-In”).

7.12 Consumers are responsible for securing their Tickets or Unique Codes, and should they share the Tickets or Unique Codes with others (the “Share Recipients”) who then redeem the relevant Tickets or Unique Codes, the Consumers’ or their Family Members’ Membership benefit will be consumed by the relevant Share Recipients as may be the case.

7.13 Consumers may have to pay an additional charge if they add guests at the time of checking in at a Member Location as specified on the Application.

7.14. In case of any dispute as to whether privileges under a Membership or Unlimited Play are valid, the Consumer must first attempt to resolve any dispute directly with the Merchant Partner, and if the dispute is not resolved the Consumer may inform Funfull at support@funfull.com to follow up if deemed necessary by Funfull.

8. Data: Sharing, Notifications

8.1. The Consumer’s data as granted by the Consumer to the Application may be used for targeted advertisements in line with the Privacy Policy.

8.2. Funfull may send emails, written notices, text messages, or push notifications to the Consumer.

8.3. Funfull will collect the Consumer’s location data to ensure check-ins are made securely and to provide a better user experience.

9. Intellectual Property

9.1. All content and information that are present on pages, applications, or other materials via use of the Services including without limitation text, graphics, images, and other items that can be viewed or used, is the property of Funfull or the property of their respective owners and is protected under the copyright laws of various jurisdictions.  Intellectual Property Rights in the Services belong to Funfull or its licensors as may be the case from time to time. 

9.2. The Services and the materials on or accessible via them and the Intellectual Property Rights associated with them may not be copied, distributed, published, licensed, used, or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using the Services). 

9.3. Any derivative works based on Funfull’s Intellectual Property Rights shall belong to Funfull and you agree to assign, convey, and transfer any Intellectual Property Rights in the derivative works to Funfull.

9.4 None of Funfull’s Intellectual Property Rights may be used by you without Funfull’s permission in writing, which includes that you may not improperly or in any way use Funfull’s brand without permission.

9.5. For these purposes “Intellectual Property Rights” includes the following: any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret, and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered and registrations of and applications to register any of them).

9.6. Funfull respects the Intellectual Property Rights of others, and should there be any instance in which another’s rights are infringed, we will follow the relevant procedure with respect to the Digital Millennium Copyright Act (DMCA), should the Consumer make the relevant request to support@funfull.com.

10. Payments & Refunds

10.1. Payments

10.1.1. Consumers pay for Membership and also for entry to Member Locations according to the packages or subscriptions purchased.

10.1.2. Consumers pay for Funfull Cash according to the amount of Funfull Cash they choose.

10.1.3. Consumers agree to pay for the Membership fee for each Family Member including those holding a Paid Membership under their account on a monthly basis.

10.1.4. Consumers purchasing a Membership with a Member Location after the 15th of the month (the “Membership Month”) shall pay for the entire current Membership Month at the full monthly rate, and any tickets that remain after the end of the current Membership Month will roll over into the second Membership Month; such rollover will expire at the end of the Membership Month subsequent to the month of purchase.

10.1.5. Consumers purchasing Unlimited Play with a Member Location after the 1st of the month (the “Unlimited Play Month”) shall pay for the first Unlimited Play Month on a pro rata basis, meaning that they will pay in proportion to the remaining duration of the Unlimited Play Month; in all other cases, Unlimited Play with a Member Location will be automatically renewed on the 1st of each Unlimited Play Month at the full monthly rate unless they cancel the Unlimited Play subscription with the Member Location before the date of renewal.

10.1.6. Upon Membership cancellation, the current Membership Month will be payable by the Consumer to Funfull at the full monthly rate.

10.1.7. Subject to the Terms as they may change from time to time, Consumers may be charged a convenience fee of 9% on top of each applicable Membership fee as specified during the sign-up checkout process.

10.1.8. Consumers will be responsible for paying any applicable card processing fees.

10.1.9. Funfull is not responsible for any fees charged to Consumers’ bank accounts or card accounts for any reason including but not limited to insufficient funds and account closures.

10.1.10. Funfull does not save any card data into its database, and Funfull only saves a token generated by CardConnect.

10.1.11. Consumers will receive an electronic summary noting your purchase and information regarding the money spent or Funfull Cash received or spent in relation to their purchase.

10.1.12. Consumers are fully responsible with respect to any applicable terms or laws applying to third party services they use when making payment in relation to our Services.

10.1.13. As the Services use CardConnect for payment processing, Funfull and Consumers agree to follow the terms described in https://stripe.com/docs/disputes with respect to disputes and chargebacks.

10.2. Refunds

10.2.1 Funfull offers no refunds in relation to its Services except under circumstances deemed necessary in its opinion; should a Consumer need to obtain a refund in relation to their purchase at a Member Location, they may contact the Merchant Partner of the Member Location to resolve any concerns.

11. DISCLAIMER, WARRANTIES, LIMITATION OF LIABILITY

11.1. THE WEBSITE, SERVICES, AND ALL CONTENT, SERVER, AND NETWORK ELEMENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND Funfull EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

11.2. FUNFULL DOES NOT GUARANTEE THAT THE SERVICES CONTENT ARE ACCURATE; ERROR-FREE; FREE OF VIRUSES; OR ANY OTHER HARMFUL ELEMENTS.  AS WITH ANY SERVICES, A USER MAY USE THE SERVICES, YET CAUTION SHOULD BE APPLIED IN THE USE OF ANY CONTENT OR MATERIALS, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THE USER’S DEVICE OR COMPUTER, OR OTHER HARM.

11.3. FUNFULL REITERATES THAT IT IS NOT A RIDESHARE PLATFORM, AND ACCORDINGLY THE TERMS THAT APPLY TO USING RIDESHARE PLATFORMS ARE INDEPENDENT OF FUNFULL.

11.4. FUNFULL EXCLUDES ALL LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.  THIS INCLUDES, WITHOUT LIMITATION, DIRECT LOSS, LOSS OF BUSINESS OR PROFITS (WHETHER OR NOT THE LOSS OF SUCH PROFITS WAS FORESEEABLE, AROSE IN THE NORMAL COURSE OF THINGS OR YOU HAVE ADVISED Funfull OF THE POSSIBILITY OF SUCH POTENTIAL LOSS), DAMAGE CAUSED TO YOUR COMPUTER, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR ANY OTHER DIRECT OR INDIRECT, CONSEQUENTIAL AND INCIDENTAL DAMAGES. IN NO EVENT WILL Funfull’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE LESSER OF EITHER ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE COST OF ANY SERVICES PAID BY THE USER.

11.5. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

11.6. OCCASIONALLY THERE MAY BE INFORMATION ON THE SERVICES THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, AND AVAILABILITY.  FUNFULL RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICE OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).

11.7. FUNFULL UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW.  NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICES OR ON ANY RELATED WEBSITE, SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.

11.8. ALL THE INFORMATION ON THE SERVICES PROVIDED BY Funfull DIRECTLY IS INTENDED FOR GUIDANCE ONLY.

11.9. PRODUCTS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

11.10. FUNFULL RESERVE THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE THE SERVICES (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME.

11.11. FUNFULL SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF THE SERVICES.

12. Cancellation & Termination

12.1 Cancellation & Downgrading

12.1.1. Consumers may cancel any Membership associated with their account without terminating this agreement with the Terms.

12.1.2. Consumers may provide notice of cancellation or downgrading via completion of the relevant Funfull-provided form downloadable via a link on the Application and emailing it to support@funfull.com before the start of any Membership Month.

12.1.3. Consumers may or may not be charged a cancellation fee upon the processing of the cancellation request as specified in the form.

12.1.4. Unless the agreement with the Terms is otherwise terminated, Consumers and their Family Members, as applicable, will continue to have Membership benefits until the end of the current Membership Month.

12.2. Termination

12.2.1. Funfull or the Consumers may terminate their agreement to the Terms at any time, and Consumers must cease any and all use of the Services upon termination.

12.2.2. Funfull has the right to monitor its own Services and to investigate and to prosecute violations of any of the Terms to the fullest extent allowed either by the Terms or the law.  

12.2.3. Funfull reserves the right to involve local law enforcement authorities in prosecuting users violating these Terms contrary to local law.

13. General

13.1. All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of Delaware.

13.1.1. An award of arbitration may be confirmed in a court of competent jurisdiction.

13.1.2. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement.

13.1.3. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

13.2. Subject to Clause 13.1, these Terms are governed by the laws of Delaware, United States.  The Consumer agrees to resolve any dispute exclusively in Delaware, United States for the purpose of arbitration of all such disputes.

13.3. Subject to Clause 13.1, if any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be severable from these Terms and will not affect the validity of any remaining provisions. Funfull’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.

13.4. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition. This dispute resolution provision will survive the termination of any or all of your transactions with Funfull.