FunCountry Terms and Conditions
Modified: January 13th 2023
Welcome to FunCountry
These Terms apply to your use of the FunCountry Services and our Platform, and we encourage you to read them carefully. Please also refer to the definitions set out at the bottom of this page. The Terms and any attachments related to it, including our Acceptable Use Policy, applicable guidelines and any Service Plan(s), forms a legal Agreement between you and FunCountry for your use of the FunCountry Services. If you, or an Organization you are affiliated with, have entered into an Enterprise Agreement with FunCountry, your use of the FunCountry Services and Resources will be governed by the Enterprise Agreement and the documents incorporated therein.
These Terms define the terms and conditions under which you are allowed to use the FunCountry Services and consume Resources. If you do not agree to these Terms, you must immediately discontinue your use of the FunCountry Services and Resources.
Responsible use and conduct
You agree to only use the FunCountry Services and Resources for the purposes intended and as permitted by the Agreement and in accordance with applicable laws. If you use the FunCountry Services in breach of the Agreement or applicable laws, we may terminate your account and/or suspend your use of the FunCountry Services.
You are responsible for maintaining the confidentiality of your account and any non-public authentication credentials associated with your use of the FunCountry Services. You must promptly notify our customer support team about any possible misuse of your accounts, authentication credentials or any security incident related to the FunCountry Services.
You represent and warrant that information you provide when registering for an account is accurate and you shall not misrepresent personal information or otherwise be untruthful about your identity in connection with your use of the Services. FunCountry reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of the Services. Notwithstanding the foregoing, you acknowledge that FunCountry cannot guarantee the accuracy of any information submitted by any user or the identity of any user who chooses to use the Services. We are not obliged to verify the identity of any user.
Administrator assumption of control
If you use an email address provided by an Organization you are affiliated with (e.g. an employer) to order the FunCountry Service, you represent that you have authority to use that Organization’s domain to sign up for a Service Plan in your capacity as a member of that Organization. The Organization, as the owner of the domain associated with your email address, may assume control over and manage your use of the FunCountry Services. In such a case, your Organization’s designated Administrator may (i) control and administer your account, including modifying and terminating your access and (ii) access and process your data, including the contents of your communications and files. FunCountry may inform you that your associated Organization has assumed control of the FunCountry Services covered by your Service Plan, but FunCountry is under no obligation to provide such notice. If your Organization is administering your use of the FunCountry Services associated with your Service Plan, direct your data subject requests and privacy inquiries to your administrator. If your Organization is not administering your use of the FunCountry Service or managing such tenants, direct your data subject requests and privacy inquiries to FunCountry by contacting us at email@example.com.
Parents and guardians responsibility to safeguard children’s safety
FunCountry is not intended for use by Children. Children are not regarded as fully independent users of the Services and Resources. It is the parents’/guardians’ responsibility, respectively, to ensure that the use of the FunCountry Services and Resources is in accordance with the Agreement and to safeguard the children’s safety and privacy. Apart from the limitations within the functioning of the Services, FunCountry has no control over how parents/guardians oversee the children’s use of the Services as FunCountry does not interact directly with the children using the Services and Resources.
The FunCountry Services and the Resources are the property of FunCountry and FunCountry’s content licensors (as applicable). We grant you a limited, non-exclusive, revocable license to make use of the FunCountry Services and the Resources (the “License“) in accordance with the Agreement.
In our Free Service Plans, the License permits use for non-commercial purposes only. If you wish to use the FunCountry Services and Resources for professional or commercial purposes you must have a Paid Service Plan. In any event, you are not allowed to use FunCountry for advertising, marketing or sales activities unless expressly authorized by FunCountry in an agreement or under your Service Plan. You agree to abide by our Acceptable Use Policy and any other user guidelines which at any time apply to your use of the FunCountry Services and the Resources.
Except for the rights expressly granted to you in the Agreement, FunCountry grants no right, title, or interest to you in the FunCountry Service or Resources. For the avoidance of doubt, you may not charge any fees or require any payment as part of your use of the Service or the Resources, except as expressly authorized by FunCountry.
The FunCountry Brands are the sole property of FunCountry or its licensors. The Agreement does not grant you any rights to use any FunCountry Brand for any purpose, whether for commercial or non-commercial use.
FunCountry Service Plans
Available Service Plans
The FunCountry services are available under different Service Plans. The features and functionalities available depend on the plan type. Each plan has limitations on the number of licenses and participants. Our Websites provide details of the available Service Plans, which can be categorized as one of the following:
Free Service Plans: Our free Service Plans offer access to a limited set of features in the FunCountry Services. The free Service Plans can be used for non-commercial purposes only.
Paid Service Plans: Our paid Service Plans give access to more features and functionality. The Paid Service Plans are permitted for use in professional and commercial settings, such as training, surveys, and events, both for internal and external audiences.
The Service Plans vary based on the FunCountry Service you have chosen to subscribe to, and the content and features of a Service Plan may vary based on when you signed up. You can manage your Service Plans from your FunCountry user account.
Payments, cancellations, upgrades
Paid Service Plans can be purchased directly from FunCountry on our Website or through an Enterprise Agreement with FunCountry.
You promise that your registration information, payment details (if you have signed up for a paid Service Plan subscription), and any other information that you submit to us are true, accurate, and complete, and you agree to keep it that way at all times. If you have provided incorrect or inaccurate information, you should return to the login screen or correct such information in your account settings. You promise that no other person shall be allowed to use or access your account, or in any other way make use of the rights conferred to you pursuant to the Agreement.
Payments and Subscription Periods
All Paid Service Plans are payable in advance of each Subscription Period.
At the end of your current Subscription Period, your Paid Service Plan subscription will automatically renew and you will be charged for the next Subscription Period in accordance with your registered payment information.
If you don’t pay for your Paid Service Plan on time, FunCountry reserves the right to suspend your account or remove Paid Service Plan features.
You may cancel your Paid Service subscription at any time with 14 days notice. If you do not wish to renew your Subscription Period for a Paid Service Plan, you must cancel your Paid Service Plan 14 days prior to the end of your current Subscription Period. Any cancellation will become effective on the last day of the month 14 days after cancellation notice has been given. Upon cancellation, your access to features that are exclusive to the Paid Service Plans will cease, and your subscription will be automatically downgraded to a Free Service Plan for the FunCountry Service you subscribe to (if available).
Upgrades and downgrades
You may at any time upgrade or downgrade your Paid Service Plan subscription to a different Paid Service Plan. If you downgrade your subscription to a lower tier Service Plan, the downgrade will take effect on the first day of the next calendar month. If you upgrade your subscription to a higher tier Service Plan, the upgrade will take effect immediately subject to payment of the applicable upgrade fee.
Upon upgrading or downgrading, your Paid Service Plan will be subject to the new subscription term. You will be credited for any remaining term under your previous Paid Service Plan.
Price changes and new Service Plans
FunCountry may change the price for a Paid Service Plan. If such price change applies to you it will be effective from the beginning of your next Subscription Period. Your continued use of the FunCountry Services constitutes your acceptance of the price change. If you do not agree with the price changes, you have the right to reject the change by canceling your subscription prior to your next Subscription Period renewal.
We do not provide any refunds if the price for a Paid Service Plan drops, or if we offer subsequent promotional pricing or change the content or features of a Service Plan.
FunCountry may decide to change or replace our Service Plans. If the Service Plan you have subscribed for is changed or replaced, your subscription will automatically be for the Service Plan that corresponds with the pricing of your original plan unless you chose to upgrade or downgrade your subscription.
We may, at our own sole discretion, offer you a Trial. We reserve the right to revoke the Trial and put your account on hold in the event that we determine that you are not eligible.
For some Trials, we’ll require you to provide your payment details to start the Trial. In such cases, your Trial will automatically be converted to a paid subscription for the selected Service Plan as of the first day after the end of your Trial period. We will use the payment details you provided when you started the Trial to charge you. If you do not want to continue using your selected Service Plan on a paid subscription basis, you must cancel your subscription before the end of the Trial period.
Prices listed may not include sales or value added tax and applicable tax may be calculated and added at the time you complete a transaction and, depending on where you made the purchase, such tax may not be visible to you until you receive a receipt for your purchase. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of purchase.
FunCountry’s license to User Content
User Content is available to you only, kept with limited visibility and only used by FunCountry for the purposes of providing the Services and Resources. We will keep all data which you submit to the Services, including any User Content, secure and only process your data for the purpose of providing the FunCountry Services to you.
You hereby grant FunCountry a worldwide, non-exclusive, limited term license to access, use, process, and display User Content only as reasonably necessary: (a) to provide, improve, maintain, and update the Services; (b) to prevent or address service, security, support, or technical issues; (c) as required by law; and (d) as expressly permitted by you.
Your responsibility for User Content
You promise that with respect to any User Content you post on FunCountry: (1) you have all rights necessary to upload such User Content to the FunCountry Service and to grant the above license to FunCountry, and (2) such User Content, or its use by FunCountry does not violate the Agreement, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others.
You are solely responsible for all User Content that you publish on FunCountry. FunCountry does not endorse the correctness of the User Content or any opinion contained in any User Content.
Monitoring of User Content
FunCountry may review, monitor, edit or remove User Content in our sole discretion, but is under no obligation to do so. In all cases, FunCountry reserves the right to remove or disable access to any User Content that breaches the Agreement, including breach of our Acceptable Use Policy. Removal or disabling of access to User Content shall be at our sole discretion.
Public User Content
If you choose to make User Content Public User Content, you hereby grant to FunCountry a perpetual (or, for as long as permitted under applicable law), non-exclusive, sub-licensable, transferable, royalty-free, irrevocable, fully paid, universal license to commercialize, use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute your Public User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content.
Third Party Applications
The FunCountry Service is integrated with Third Party Applications that make available content, products, and/or services to you. Use of these Third Party Applications is optional. The Third Party Applications may have their own terms and conditions and privacy policies, which you agree to be bound by when you choose to use these Third Party Applications.
As the creator of your FunCountry account you have access and control over the FunCountry account and the devices that are used to access the Service. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password nor any payment details (if any) associated with your account to anyone. you are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. you are also responsible for preventing unauthorized access and use of your account by any other than you. We can terminate your account or place your account on hold in order to protect you, FunCountry or our partners from conducting or attempting to conduct identity theft or other fraudulent activity.
The Data Processing Agreement located here shall govern with respect to the protection of personal data processed in connection with this Agreement.
Term and termination
The Agreement will continue to apply for as long as you use a free or paid FunCountry account. FunCountry may terminate the Agreement or suspend your access to the FunCountry Service at any time, including in the event of your actual or suspected unauthorized use of the FunCountry Service and/or Resources, or non-compliance with the Agreement. If you or FunCountry terminate the Agreement, or if FunCountry suspends your access to the FunCountry Service in accordance with the Agreement, you agree that FunCountry shall have no liability or responsibility to you and FunCountry will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
Any License granted to you on the FunCountry Services and Resources not already terminated by the expiry of your Service Plan shall be terminated as of the termination or expiry of the Agreement.
You hereby acknowledge and agree that the perpetual license granted to FunCountry by you will continue after expiry or termination of any of the Agreement for any reason.
Sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.
Warranty and disclaimer
We can assure you that the Services will perform materially in accordance with the description of the FunCountry Services and Resources as set out on our Websites. For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We will post notification in advance of any planned downtime which is expected to result in significant downtime. In the event of any breach of FunCountry’s obligations in this section 11, FunCountry shall at its own expense (i) use reasonable endeavors to rectify such non-compliance, and if rectification is not reasonably possible (ii) replace all the non-conforming parts of the Services and Resources. FunCountry disclaims any other warranties than those set out in the Agreement. Further, under no circumstances will FunCountry be liable for any Third Party Applications, including the failure of any such Third Party Applications.
FunCountry shall not be responsible for breach of these warranties if caused by:
- hardware, software or other components which are not part of the Services and Resources;
- errors or problems caused by or contributed to by hardware, software or other components which are not provided by FunCountry, including any modifications by you or third parties;
- errors or problems caused by you not complying with this Agreement;
- if the you has rejected the implementation of any upgrade, change, hot fix, or similar, which would have prevented the error or problem; and
- errors or problems caused by third parties not acting on behalf of FunCountry, including in respect of changes to Services and Resources.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FUNCO, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE FUNCO SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER FUNCO HAS BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FUNCO’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO FUNCO UNDER THIS AGREEMENT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY.
NOTHING IN THE AGREEMENT REMOVES OR LIMITS FUNCO’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, AND, IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless FunCountry and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any claims and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (1) Your breach of the Agreement; (2) any User Content; (3) any activity in that You or anyone using your account engages on or through the FunCountry Service; and (4) Your violation of any law or the rights of a third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
Other than as stated in this section or as explicitly agreed upon in writing between you and FunCountry, the Agreement constitutes all the terms and conditions agreed upon between you and FunCountry and supersedes any prior agreements in relation to the subject matter of these Agreement, whether written or oral.
Severability and waiver
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by FunCountry or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive FunCountry’s or the applicable third party beneficiary’s right to do so.
Either party may assign this Agreement in connection with a merger or similar transaction, or to a company acquiring a majority of its assets, equity, or business, without any requirement to obtain permission for such assignment; otherwise, neither party may assign this Agreement to a third party without the written consent of the other party in advance. This Agreement will bind and benefit the parties, their successors, and their permitted assigns.
Changes to the Terms
We reserve the right to change these Terms from time to time. Changes may for example be made to accommodate new products or services, to adapt to legal requirements, or otherwise to better adapt the Terms to our business. If there is a material change to these Terms, we will notify you either by email to your registered email account, in-App, or on our official Websites (as appropriate). It is your responsibility to read any such notice carefully. Your continued use of the Services after such changes will constitute acknowledgment and agreement of the modified Terms. If you do not wish to continue using the Service under the new version of the Terms, you may terminate the Agreement. We reserve the right to change the Acceptable Use Policy at any time without notice.
Governing Law / Jurisdiction
This Agreement is governed by the internal laws of the State of Texas, without regard to its conflicts of law rules, and each party hereby consents to exclusive jurisdiction and venue in the state and federal courts located in Travis County, Texas for any dispute arising out of this Agreement. You hereby agree to the jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
“Acceptable Use Policy” means the FunCountry Acceptable Use Policy.
“Administrator” means your Organization’s designated administrator of your FunCountry account, if applicable.
“Agreement” is the collective term that encompasses these Terms, the Acceptable Use Policy, any Service Plan and, if applicable, the Enterprise Agreement.
“App” means FunCountry´s software/mobile applications.
“Children” means U.S. children under age 13 and children outside the U.S under age 16.
“Code” means a code or other offer provided or sold by or on behalf of FunCountry for access to a paid Service Plan subscription.
“Enterprise Agreement” means a separate agreement entered into by FunCountry and your associated Organization.
“FunCountry” means Funco Inc.
“FunCountry Brands” means all FunCountry trademarks, service marks, trade names, logos, domain names, and any other features of the FunCountry brand.
“License” means the license granted to you pursuant to section 3 of these Terms.
“Organization” means an organization to which you are affiliated, such as your employer.
“Platform” means FunCountry´s Websites and Apps where the FunCountry Services are available.
“Public User Content” means, as some FunCountry Services are based on User Content and relies on users contributing content to the Service, the Content whereby the User, on their own choice and by actively toggling the “publish” button, makes certain User Content, such as FunCountry games/quizzes, available to the general public.
“Resources” means the information, resources, services, products, and tools provided for you in the FunCountry Services.
“Service Plan” means the various subscription plans for which the FunCountry Services are available.
“Services” means the FunCountry services, including any software, that you subscribe to under these Terms.
“Subscription Period” means the duration of the applicable Service Plan.
“Terms” means these general terms and conditions applicable to your use of the FunCountry Services.
“Third Party Applications” means websites and services delivered by third parties that are integrated in the Services and Resources in order to make certain features, content, products, and/or services available to you.
“Trial” means trials of paid Service Plan subscriptions for a specified period without payment or at a discounted rate.
“User Content” means the content and data which Users upload to the Service, including without limitation quizzes, pictures, video, text, messages, information, user feedback, and any other content.
“Verified Creator” means a FunCountry user with a Paid Service Plan who has been verified in accordance with FunCountry’s verification process found here.
“Website(s)” means the FunCountry websites including fun.country and any subdomains under fun.country.