Funfull, Inc., a Delaware corporation ("Fun Network," "we," "our," or "us"), provides a platform that enables consumers ("Members," "you") to access memberships, packages, and benefits through participating businesses ("Partners").
By accessing or using the Fun Network website, mobile application, or services (collectively, the "Platform"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, you must immediately cease use of the Platform.
1.1 General Description
Fun Network ("Company," "we," "us," or "our") operates a digital platform (the "Platform") that facilitates user access to memberships, packages, and benefits offered by independent third-party businesses ("Partners"). Such offerings may include, without limitation, in-person experiences at Partner-operated locations, as well as digital, online, or nationally distributed benefits that may be delivered either through the Platform or via third-party systems.
1.2 Role of the Platform
Fun Network provides administrative, technological, and billing infrastructure to enable user access to Partner offerings. Specifically, the Platform:
Fun Network does not own, operate, manage, or control any Partner locations, services, or third-party platforms and does not act as a provider of the underlying goods or services offered by Partners or third parties.
1.3 Use of the Platform
Through use of the Platform, users may:
User access to and use of any Partner or third-party offerings may be subject to additional terms, conditions, policies, or requirements imposed by such Partners or third-party providers.
1.4 Acknowledgment and Disclaimer
By using the Platform, you acknowledge and agree that:
2.1 Age Requirements
To create an account on the Platform, you must be at least eighteen (18) years of age. Individuals between the ages of fourteen (14) and seventeen (17) may access and use the Platform only under the supervision and with the consent of a parent or legal guardian, who agrees to be bound by these Terms on their behalf.
2.2 Family Accounts
Account holders may add additional individuals, including family members, to their account, provided that the account holder has the legal authority and responsibility to do so. The primary account holder assumes full responsibility for all activity conducted under their account, including activity by any added users.
2.3 User Representations and Warranties
By creating an account or using the Platform, you represent and warrant that:
2.4 Right to Determine Eligibility
Fun Network reserves the right, in its sole discretion, to determine user eligibility for the Platform and to refuse, suspend, or terminate access to any user at any time for any lawful reason, including, without limitation, if Fun Network believes that such user does not meet the eligibility requirements set forth herein.
3.1 Variability of Packages
Packages, memberships, and offerings available through the Platform are provided by Partners and may vary based on the specific Partner, location, or promotion. Such variations may include, without limitation:
3.2 Billing Types
Packages made available through the Platform may include one or more of the following billing structures:
3.3 Billing Terms and Disclosures
Applicable billing periods, renewal terms, payment schedules, and any reset or usage cycles (if applicable) will be disclosed to you at the time of purchase. By completing a purchase, you agree to the specific billing terms presented for the selected package.
3.4 Benefits and Offerings
Benefits associated with packages may include, without limitation:
3.5 Modifications to Packages and Benefits
Fun Network and its Partners reserve the right, at any time and in their sole discretion, to modify, replace, suspend, or discontinue any aspect of packages, benefits, Partner participation, or available offers, with or without notice. Such changes may affect the availability, scope, or value of benefits provided through the Platform.
4.1 Payment Processing
All payments made through the Platform are processed by Fun Network or its designated third-party payment processors (such as Stripe or similar providers). By providing payment information and completing a transaction, you authorize Fun Network and its payment processors to charge the applicable fees to your selected payment method in accordance with the terms presented at checkout.
You agree to comply with all payment terms, conditions, and disclosures provided at the time of purchase.
4.2 Membership Billing and Renewal
Memberships and packages offered through the Platform may be subject to varying billing structures. Depending on the specific offering, memberships may:
Certain memberships may also include installment-based payment options (e.g., "Flexi-Pay" or similar programs), where payments are divided over a specified schedule. Full billing details, including renewal status and payment structure, will be disclosed at the time of purchase.
4.3 Installment Payments (Flexi-Pay)
If you elect to use an installment-based payment option, you agree to complete all scheduled payments in full and on time. Failure to make required payments may result in actions taken by Fun Network at its sole discretion, including but not limited to:
5.1 Access Requirements
Access to Partner locations and experiences may require verification through the Platform, including, without limitation, app-based check-in procedures and geolocation or proximity verification. You agree to comply with all access procedures and requirements as a condition of participation.
5.2 Availability of Access
Access to Partner locations and experiences is subject to availability and may vary based on factors including, but not limited to:
Fun Network does not guarantee availability of access at any given time.
5.3 Usage Rules and Restrictions
Your use of Partner offerings may be subject to additional limitations and restrictions, which may include, without limitation:
All such limitations will be determined by the applicable Partner and may be modified at any time.
5.4 Partner Authority and Discretion
Partners retain full authority and discretion over access to their locations and services. Partners may, at their sole discretion:
Fun Network is not responsible for, and shall have no liability arising from, any decisions, actions, or omissions of Partners, including the denial of access or enforcement of Partner policies.
6.1 Independent Businesses
All Partners featured on or accessible through the Platform are independent third-party businesses and are not owned, operated, or controlled by Fun Network. Nothing in these Terms shall be construed as creating any partnership, joint venture, agency, or employment relationship between Fun Network and any Partner.
6.2 Disclaimer of Responsibility
To the fullest extent permitted by applicable law, Fun Network shall not be responsible or liable for any aspect of Partner operations or services, including, without limitation:
6.3 Disputes with Partners
In the event of any dispute, complaint, or issue arising from or related to a Partner's goods, services, or experiences, you agree to first address and attempt to resolve such matter directly with the applicable Partner.
Fun Network may, at its sole discretion, assist in facilitating communication between you and the Partner but is under no obligation to resolve or mediate such disputes.
7.1 User Obligations
By accessing or using the Platform, you agree to:
7.2 Prohibited Conduct
You agree that you will not, directly or indirectly:
7.3 Enforcement and Remedies
Fun Network reserves the right, in its sole discretion, to investigate and take appropriate action in response to any violation of these Terms, including, without limitation, suspending or terminating your account, restricting access to the Platform or benefits, and pursuing any other remedies available under applicable law.
8.1 User Responsibility
You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur under your account, whether or not authorized by you.
8.2 Credentials and Access
You agree not to share, disclose, or permit any third party to use your login credentials, including your username, password, or any one-time passcodes (OTP) or authentication codes associated with your account. You are responsible for ensuring that such information remains secure at all times.
8.3 Unauthorized Access
You agree to notify Fun Network immediately upon becoming aware of any unauthorized access to or use of your account, or any other breach of security. Fun Network shall not be liable for any loss or damage arising from your failure to safeguard your account credentials or to promptly report unauthorized activity.
9.1 Third-Party Nature of Services
Certain benefits, features, or offerings made available through the Platform may be provided by independent third-party providers. Access to and use of such benefits may require interaction with systems, platforms, or services that are not owned or controlled by Fun Network.
9.2 Third-Party Limitations and Requirements
Third-party benefits and services may:
Fun Network does not control and is not responsible for the content, policies, or practices of any third-party providers.
9.3 Disclaimer of Liability
To the fullest extent permitted by applicable law, Fun Network shall not be responsible or liable for any failure, interruption, error, or unavailability of third-party services or benefits, nor for any loss or damage arising from your use of or reliance on such third-party offerings.
10.1 Cancellation
Cancellation of packages or memberships may be available through the Platform or may require alternative methods, including, without limitation, a phone call, written request, or in-person visit, depending on the specific Partner and offering.
Packages may be subject to additional terms and conditions established by the applicable Partner, which may include, but are not limited to:
All cancellation terms are determined by the respective Partner and are disclosed to and agreed upon by you at the time of purchase. You are responsible for reviewing and complying with such terms.
10.2 Refunds
Refund eligibility for Partner-provided packages, services, or experiences is determined solely by the applicable Partner and is subject to their respective policies and discretion.
Fun Network may, in its sole discretion, issue refunds in limited circumstances, including but not limited to:
All refunds, whether issued by a Partner or by Fun Network, are not guaranteed and may be granted or denied at the sole discretion of the applicable party, subject to applicable law.
11.1 "As Is" and "As Available" Basis
The Platform and all services, features, and content provided by Fun Network are made available on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Fun Network disclaims all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.2 Interruptions and Availability
Access to the Platform may be interrupted, delayed, or unavailable from time to time due to circumstances beyond Fun Network's control, including, without limitation:
Fun Network does not guarantee uninterrupted, secure, or error-free operation of the Platform.
12.1 Ownership
All content, materials, and features made available through the Platform, including but not limited to text, graphics, logos, icons, images, software, designs, and other intellectual property (collectively, the "Content"), are owned by or licensed to Fun Network and are protected by applicable intellectual property laws, including copyright, trademark, and other proprietary rights.
Except as expressly provided in these Terms, no rights, title, or interest in or to the Platform or its Content are transferred to you.
12.2 Restrictions on Use
You may not, without the prior written consent of Fun Network:
13.1 Data Usage
Fun Network may collect, use, and process your personal information in accordance with its Privacy Policy. This may include the use of data for purposes such as service delivery, account management, analytics, and targeted advertising or marketing initiatives, where permitted by applicable law.
13.2 Communications
By creating an account or using the Platform, you consent to receive communications from Fun Network, which may include emails, SMS (text messages), and push notifications. These communications may relate to your account, transactions, service updates, promotional offers, and other Platform-related information.
13.3 Location Data
The Platform may collect and use location data, including geolocation information, for purposes such as verifying access to Partner locations, enabling secure check-ins, preventing fraud, and enhancing the overall user experience. Use of location data is subject to your device settings and applicable law.
13.4 SMS Consent and Opt-Out
If you opt in to receive SMS communications, you consent to receive text messages from or on behalf of Fun Network at the phone number you provide. Such messages may include transactional, informational, or promotional content.
Message and data rates may apply depending on your mobile carrier and plan. You may opt out of receiving SMS messages at any time by replying "STOP" to any message, or by following other instructions provided in the communication.
14.1 Grounds for Suspension or Termination
Fun Network reserves the right, in its sole discretion, to suspend, restrict, or terminate your account and access to the Platform at any time, with or without notice, for any lawful reason, including but not limited to:
14.2 Effect of Termination
Upon suspension or termination of your account, your right to access and use the Platform and any associated benefits may be immediately revoked. Fun Network shall have no liability for any loss of access, benefits, or data resulting from such suspension or termination, to the fullest extent permitted by applicable law.
15.1 Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Platform and all services, content, and offerings provided by Fun Network are made available on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory.
Fun Network expressly disclaims all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
15.2 No Guarantee of Accuracy or Availability
Fun Network does not warrant that the Platform or any content, features, or services will be accurate, complete, reliable, current, secure, or error-free. Fun Network does not guarantee that access to the Platform will be uninterrupted or that defects will be corrected.
15.3 Exclusion of Liability
To the fullest extent permitted by applicable law, Fun Network shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including, without limitation, loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Platform, Partner services, or third-party offerings, even if advised of the possibility of such damages.
15.4 Limitation of Liability
To the fullest extent permitted by applicable law, Fun Network's total cumulative liability for any claims arising out of or related to these Terms or your use of the Platform shall not exceed the lesser of:
15.5 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. Accordingly, some of the above disclaimers and limitations may not apply to you to the extent prohibited by applicable law.
15.6 Errors and Omissions
The Platform may contain typographical errors, inaccuracies, or omissions, including with respect to pricing, availability, or descriptions of services or benefits. Fun Network reserves the right to correct any such errors, inaccuracies, or omissions at any time without prior notice.
15.7 Modifications to Services
Fun Network reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue the Platform or any part thereof, including any features, content, or services, with or without notice. Fun Network shall not be liable for any modification, suspension, or discontinuation of the Platform or related services.
Fun Network reserves the right to modify, update, or revise these Terms at any time, in its sole discretion. Any changes will be effective upon posting the updated Terms on the Platform, unless otherwise required by applicable law.
By continuing to access or use the Platform after such changes become effective, you agree to be bound by the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Platform.
17.1 Privacy Policy
Your use of the Platform is also governed by Fun Network's Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how Fun Network collects, uses, and protects your personal information.
17.2 Consent to Communications
By creating an account or using the Platform, you consent to receive communications from Fun Network, including but not limited to emails, SMS messages, and push notifications, as described in these Terms and the Privacy Policy.
18.1 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through final and binding arbitration. The arbitration shall be conducted in the State of Delaware, in accordance with the rules of a recognized arbitration body, as determined by Fun Network, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You agree to waive any right to a trial by jury or to participate in a class action or representative proceeding, to the fullest extent permitted by applicable law.
18.2 Governing Law
These Terms and any dispute arising out of or related to them or the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
18.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.
If you have any questions, concerns, or require support regarding these Terms or the Platform, you may contact Fun Network using the information below:
Email: fun@funnetwork.com
Phone: 844-FUNNET1
Fun Network will make reasonable efforts to respond to inquiries in a timely manner, but does not guarantee response times.