Terms of service
TERMS OF SERVICE FOR FUNKYFIVE
DATE LAST MODIFIED: October
02, 2020. These are the Terms of Service for the Funky Gunner on GOOGLE Application.
NEITHER APPLE INC. , GOOGLE, INC. OR FACEBOOK, INC. IS A SPONSOR OF THIS APPLICATION AND
NEITHER IS AFFILIATED IN ANY WAY WITH FUNKYFIVE INC. (HEREINAFTER
Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU
(“YOU” OR “YOUR”) AND FUNKYFIVE. BY DOWNLOADING, INSTALLING THE
FUNKY GUNNER ON FACEBOOK APPLICATION (THE “APPLICATION”) AND USING IT IN
CONNECTION WITH OTHER SERVICES PROVIDED BY FUNKYFIVE OR OTHERWISE ACCESSED THROUGH THE
USE OF THE APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE
“SERVICE”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE
BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE
IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision,
including Class Action Waiver that affects your rights under these Terms and with
respect to disputes you may have with FUNKYFIVE. You may opt out of the binding
individual arbitration and class action waiver as provided below. FUNKYFIVE reserves the
right, in its sole discretion, to modify or change these Terms at any time by posting
the changes on or within the Application or other parts of the Service. Your continued
use of the Service following the posting of such changes constitutes Your acceptance of
the revised Terms. FUNKYFIVE may use reasonable commercial efforts to provide notice of
material changes to You. If the modified Terms are not acceptable to You, Your only
recourse is to discontinue Your use of the Service. You agree that FUNKYFIVE may change
any part of the Service, including its content, at any time or discontinue the Service
or any part thereof, for any reason, without notice to You and without liability.
You agree and acknowledge, as condition of participating in the Service, that
Facebook® does not sponsor, endorse, administer, or is in any way associated with,
the Service. All questions regarding the Service must be directed to Provider, not
Facebook®. You also agree that as a condition of participating in the Service you
shall release Facebook® from any and all liability arising out of your participation
in said Service.
FUNKYFIVE will only use any personal information that You provide in connection with
Service, You consent to the collection, use and storage of Your information as outlined
customer service department.
To use the Site or Service, You must be a natural person, at least 3 years old, who is
assigned to the e-mail address or Facebook Login (as defined below) associated with Your
registration. At our sole discretion, we may require proof that You meet this condition
in connection with Your use of the Site and/or Service. Failure to comply with this
condition will result in the closing of Your Account and the loss of all Virtual Items
accumulated through Your use of the Service.
You may browse the Site anonymously, but in order to access and use the Service and to
post any User Content (as defined below), You must create an account
(“Account”) with FUNKYFIVE by accessing the Service through Your Facebook
account (Your “Facebook Login”). When You register through Your Facebook
Login, You will be asked to login with Your Facebook log-in credentials (“Facebook
Password”) and, if applicable, configure Your privacy settings in Your Facebook
account to permit Your activities on the Service to be shared with Your contacts in Your
Your Facebook Login, You are allowing FUNKYFIVE to access Your Facebook account
information and You acknowledge and agree that Your use of the Facebook website is
policy, including, without limitation, Facebook’s password and account security
policies. By creating an Account with FUNKYFIVE, You agree to the following rules to
protect the security of Your Account and Facebook Login. For the purposes of these
Terms, references to Your Facebook Login shall include any account and account
information, including user names, passwords or security questions, whether or not
created for the purpose of using the Service, that are used to access the Service:
You shall not share Your Facebook Login, nor let anyone else access Your Facebook
account or do anything else that might jeopardize the security of Your Facebook Login.
FUNKYFIVE will not ask You to reveal Your Facebook password and will not initiate
contact with You asking for answers to Your Facebook password security questions;
In the event You become aware of or reasonably suspect any breach of security,
including, without limitation any loss, theft, or unauthorized use of Your Facebook
Login, You will immediately notify FUNKYFIVE and modify Your Facebook Login;
You are solely responsible for maintaining the confidentiality of Your Facebook Login,
and You will be responsible for all uses of Your Facebook Login, including purchases,
whether or not authorized by You;
You are responsible for anything that happens on the Service through the use of Your
Facebook Login, whether or not such actions were taken by You. You therefore acknowledge
that FUNKYFIVE may suspend Your access to or terminate Your use of the Service if
someone else uses it to engage in any activity that violates these Terms.
Any personal information You provide to us, which may include Your name, birth date and
You agree that You will supply accurate and complete information to us, and that You
will update that information promptly after it changes.
From time to time during Your use of the Service, You may have the opportunity to
“earn”, “buy” or “purchase” (a) virtual in-game
items; or (b) virtual in-game points, including but not limited to virtual coins, cash
or points, all for use in the Service (together with virtual in-game items,
“Virtual Items”). You do not in fact “own” the Virtual Items and
the amounts of any Virtual Item do not refer to any credit balance of real points or its
equivalent. Rather, by “earning”, “buying”, or
“purchasing” Virtual Items (whether through the use of Facebook Credits or
virtual points), You are granted a limited license to use the software programs that
manifest themselves as the Virtual Items. The purchase and sale, with Facebook Credits,
of such limited licenses to use Virtual Items, is a completed transaction upon
redemption of the applicable Facebook Credits and shall under no circumstances be
refundable, transferable or exchangeable including, without limitation, upon termination
of Your Account, termination of these Terms, and/or the discontinuation of the Service.
FUNKYFIVE prohibits and does not recognize any purported transfers of Virtual Items
effectuated outside of the Service, or the purported sale, gift or trade of anything
that appears or originates in the Service, unless otherwise expressly authorized by
FUNKYFIVE in writing. Accordingly, You may not sublicense, trade, sell or attempt to
sell in-game Virtual Items for real money, or exchange Virtual Items for value of any
kind outside of a game, without FUNKYFIVE’ written permission. Any such transfer
or attempted transfer is prohibited and void, and will subject Your Account to
You acknowledge and agree: (a) that FUNKYFIVE may change the price of Virtual Items at
any time, without notice, for any reason or for no reason, (b) that the amount of
virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that
FUNKYFIVE has no liability to You for any changes in the price of such Virtual Items
and/or the amount of virtual points necessary to obtain Virtual Items.
FUNKYFIVE reserves the right, without prior notification, to limit the quantity of the
Virtual Items You can purchase and/or to refuse to allow You to purchase such Virtual
Items. You acknowledge and agree that FUNKYFIVE shall have no liability for loss of
Virtual Items due to any unauthorized third party activity, such as hacking, phishing,
password mining, social engineering, and/or any other unauthorized third party activity.
FUNKYFIVE may replace such lost Virtual Items at its sole discretion on a case-by-case
basis, without incurring any further obligation or liability.
FUNKYFIVE may terminate or suspend Your Account (including, but not limited to,
suspending your ability to purchase, redeem or consume Rewards) and/or Your access to
Site and/or Service at any time, including for breach of these Terms or otherwise,
without notice and without liability to You, including, but not limited to suspending
your ability to purchase rewards Upon any such termination, Your access to the Service,
including all User Content and Virtual Items. FUNKYFIVE shall have the right, but not
obligation, to store any User Content subsequent to any such termination. You may cancel
Your Account at any time by discontinuing Your use of the Service and removing the Funky
Gunner on Facebook Application from Your Facebook Account. Please note that removing the
Funky Gunner on Facebook Application from Your Facebook Account will delete Your account
with FUNKYFIVE and all of the Virtual Items that You have accumulated will be lost.
FUNKYFIVE is in no way liable to You for the effects of any termination or cancellation
on Your use of the Service or the Virtual Items You have accumulated.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK
ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICE REMAINS WITH YOU. NEITHER
THE FUNKYFIVE PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE SITE AND/OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR
SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE
OR SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE
SITE OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF
YOUR USE OF THE SITE AND/OR SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THE FUNKYFIVE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
You agree to indemnify, save, and hold the FUNKYFIVE Parties harmless from any claims,
losses, damages, liabilities, including legal fees and expenses, arising out of Your use
or misuse of the Site and/or Service, any violation by You of these Terms, any of Your
User Content, or any breach of the representations, warranties, and covenants made by
You herein. FUNKYFIVE reserves the right, at Your expense, to assume the exclusive
defense and control of any matter for which You are required to indemnify FUNKYFIVE, and
You agree to cooperate with P FUNKYFIVE’ defense of these claims. FUNKYFIVE will
use reasonable efforts to notify You of any such claim, action, or proceeding upon
becoming aware of it.
You agree that the provisions in this Indemnity section will survive any termination of
Your Account or of Your access to the Site and/or Service.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of
Nevada without regard to its conflict of laws provisions. Except as provided in the
“Dispute Resolution and Arbitration” Provision (above), the exclusive
jurisdiction and venue of any action with respect to the subject matter of these Terms
will be the state and SUPREME COURT OF KOREA located in the South Korea and each of the
parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between
FUNKYFIVE and You regarding the Site and Services and these Terms supersede and replace
any and all prior oral or written understandings or agreements between FUNKYFIVE and You
regarding the Site and Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without
FUNKYFIVE’ prior written consent. Any attempt by You to assign or transfer these
Terms, without such consent, will be of no effect. FUNKYFIVE may assign or transfer
these Terms, at its sole discretion, without restriction. Subject to the foregoing,
these Terms will bind and inure to the benefit of the parties, their successors and
We may notify you by posting something on www.stickyhands.kr , or in the FUNKYFIVE
game(s) you play, and sending you an e-mail or using other ways of communicating with
you based on the contact information you provide to Us.
Any notices or other communications permitted or required hereunder, including those
regarding modifications to these Terms, will be in writing and given by FUNKYFIVE (i)
via email (in each case to the address that You provided by Your Facebook Login) or (ii)
by posting to the Site or Service.
Any attempted notice that does not follow these rules has no legal effect.
You agree that given the unique and irreplaceable nature of the rights granted and
obligations made under these Terms and the Community Rules, if you breach these Terms,
enough to repair the harm to FUNKYFIVE.
You agree to limit your claims to claims for money damages. And, you agree not to seek
injunctive or equitable relief or otherwise seek to stop Us from operating any aspect of
the Service or any FUNKYFIVE Game.
The failure of FUNKYFIVE to enforce any right or provision of these Terms will not
constitute a waiver of future enforcement of that right or provision. The waiver of any
such right or provision will be effective only if in writing and signed by a duly
authorized representative of FUNKYFIVE. Except as expressly set forth in these Terms,
the exercise by either party of any of its remedies under these Terms will be without
prejudice to its other remedies under these Terms or otherwise. If for any reason a
court of competent jurisdiction finds any provision of these Terms invalid or
unenforceable, that provision will be enforced to the maximum extent permissible and the
other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL
OR CONTRACTUAL EFFECT.