Terms and Conditions

1.1 Key Terms We Use

To make the document easier to navigate, here are a few definitions:

• Affiliate means any company or person that controls, is controlled by, or is under common control with another entity. “Control” means (i) the direct or indirect power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract, or otherwise, or (ii) ownership of 20 percent or more of the voting interests.
• Funtodo / we / us / our means Funtodo, LLC, its subsidiaries, and all of their directors, officers, agents, partners, and employees.
• Funtodo Properties means our websites (e.g., Funtodo.com), mobile apps, APIs, and all other Funtodo products and features—on or off the platforms.
• Material means all information, data, text, graphics, designs, photographs, video, audio, and other content.
• Services means, collectively, access to and services available via the Funtodo Properties.
• Services Content means Material provided, displayed, or made available by Funtodo through the Services.
• User Content means any content submitted to or transmitted via the Services by Users, including you.
• Users means anyone who accesses or uses the Services.
• Your Content means Material you upload, post, transmit, or otherwise furnish via the Services, or that you allow us to use.
• Your Trademarks means your trademarks, service marks, trade names, and logos that you provide or authorize us to use.

1.2 Related Terms & Policies

By adopting these Terms, you also confirm that you’ve read and accept:

1. The Privacy Policy.
2. The Community Guidelines (which govern User Content and behavior when using our Services. Violations of these Guidelines can result in removal, suspension, or reporting to law enforcement consistent with our Privacy Policy.

3.1 Account Creation

Users are prohibited from creating multiple accounts for the purpose of self-referral, or any other form of fraudulent activity. Any such actions may result in account suspension, forfeiture of earned rewards, and potential legal action. No refunds (if applicable) will be given to accounts created through any method we determine to be fraudulent. We reserve the right to investigate and take appropriate action against any activity that violates the integrity of our platform. You must be at least 18 to use the Services. You must provide accurate Registration Data (defined herein), safeguard your password, and notify us of any unauthorized use. If you grant sub‑user access, you are responsible for their actions. In some locations, we may be required to restrict access to certain features or content unless you complete an age assurance process and demonstrate that you are an adult.

3.2 User Obligations

Users enter into certain obligations also. All users agree that they will obtain and maintain every license, permit, or authorization required for participation with the Services. Organizers also will comply with all applicable laws and venue rules; and provide proof of such licenses or permits on request.

You are permitted to use the platform, solely at your own risk. Each User releases Funtodo and its Affiliates from any claims related to that User’s activities in the Services, including User events, including for non-performance, defective services, or misrepresentations by another User. You understand that we have no obligation to screen any Users of the Services, and you release us from all liability relating to your interactions and transactions directly with, or for the benefit of, other Users. It is your responsibility to exercise caution, due diligence, and good judgment in all interactions with others, especially if you are communicating or transacting with another User. Additional User obligations are set out in these Terms in Section 16, below. Please read them carefully.

3.3 Privacy

We treat your personal information in line with the Privacy Policy. Our Services may use cookies, pixels, and similar tech as explained in the Privacy Policy. All Users will comply at all times comply with all applicable local, state, provincial, national, and other laws, rules, and regulations with respect to information you collect from (or receive about) Users or other individuals, and comply with any applicable policies posted by us on the Services with respect to information you collect from (or receive about) Users.

5.1 Release

You agree not to bring us into any disputes between you and a third party. You also hereby agree to release us (collectively with our Affiliates and subsidiaries, and each of our and their respective officers, directors, agents, co-branders, licensors, payment processing partners, vendors, other partners, independent contractors and employees, the “Funtodo Released Parties”) from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with any of the following:

• Your User Content and any feedback you give or receive;
• Your actions on the Services;
• Your violation of these Terms or our Community Guidelines;
• Your failure to obtain required licenses or permits; and
• Any legal violation on your part or infringement of the rights of a third party.

Some states require that we provide specific wording to make the above release valid. You waive the application of any law which says in substance the following: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.

5.2 Indemnification

You also agree to defend us and pay us to cover any of our losses if a third party brings a claim against us because of something you did (including using the Services) or failed to do.

1. You agree to defend, indemnify, and hold harmless the Funtodo Released Parties from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of:
   • your breach of these Terms (including any agreements or policies incorporated into these Terms);
   • your use of the Services;
   • any feedback that you give or receive; and
   • your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party.
2. We will provide notice to you of any such Claim, but our failure or delay in providing such notice will not limit your indemnification obligations except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, we may choose to handle the Claim ourselves at our expense, in which case you agree to cooperate with us in any way we request. You will not do the following without Funtodo’s prior written consent: (a) settle any Claims for which you have an obligation to indemnify pursuant to this Section or (b) admit to liability or fault or create any obligation on behalf of Funtodo as part of a settlement of a Claim.

9.2 Small Claims and Injunctive Relief

This Section, "Binding Arbitration and No Class Actions," does not restrict you from bringing eligible claims in small claims court. It also does not waive your statutory rights.

To the extent that you or we prevail on a claim in arbitration and seek public injunctive relief (injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction, not in arbitration. We agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

9.3 No Class Actions

WE BOTH AGREE THAT WE MAY BRING CLAIMS AGAINST ONE ANOTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. EXCEPT AS PROVIDED FOR IN SECTION 9.9 BELOW, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY (IF WARRANTED) ISSUE ALL OF THE SAME RELIEF THAT WOULD BE AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF, IN FAVOR OF THE PARTY SEEKING SUCH RELIEF, BUT ONLY TO THE EXTENT AUTHORIZED BY LAW AND WARRANTED BY THE PARTY’S CLAIMS.

Nothing in this section shall prohibit the **AAA's** consolidation of the administration of multiple claims pursuant to the **AAA Rules**.

This **Section 9** (Arbitration) survives termination of your account.

19.1 Policy Overview

**Funtodo** respects the intellectual property rights of others and expects our users to do the same. To that end, in accordance with the **Digital Millennium Copyright Act (DMCA)**, 17 U.S.C. § 512, **Funtodo** has implemented procedures for reporting instances of copyright infringement.

19.2 Notice of Suspected Copyright Infringement

The notice of copyright infringement should provide the following information:

• A clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such works).
• A description of the material on our application that you believe is infringing.
• Information reasonably sufficient to permit us to locate the allegedly infringing material (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).
• Your contact information, including your address, telephone number, and an email address.
• A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• Your physical or electronic signature (typing your full legal name is sufficient).

Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the Complainant’s contact information, to the User who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, FunToDo will immediately notify the User that the content has been removed or disabled.

19.3 Counter-Notification

If material that you have posted to a website owned by FunToDo has been taken down, you may file a counter-notification that contains the following details:

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
• Your name, address and telephone number;
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which FunToDo may be found, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
• Your physical or electronic signature.

It is also the policy of FunToDo, in appropriate circumstances and in our sole discretion, to suspend or terminate the accounts of Users who are repeat copyright infringers.