This User Agreement is a legally binding agreement between you as a user (referred to as "you") of the website (funly.com and www.funly.com), Apple or Android applications for mobile, tablet and other devices and application program interfaces (referred to as the "Platforms"), which are operated by "TALENTS & PRODUCTIONS", a private limited company ("societe a responsabilite limitee"), registered under number 13S06037 in the Principality of Monaco with the following address 8, AV. DES PAPALINS, GALERIE PCSSE STÉPHANIE-ZONE C-RDC, 98000 MONACO, (referred to as "we").
The Platforms connect an Entertainer with an Audience Member seeking to consume a Performance and Related Services performed by the Entertainer (referred to as the "Services").
You shall read the User Agreement carefully before using the Platforms and Services. By using the Platforms or Services you agree that you have read, understood and accepted to be bound by the User Agreement and to comply with all applicable laws including, but not limited to, requirements of entertainment laws, with regard to your use of the Platforms and Services. If you do not agree to the User Agreement, you shall not use the Platforms and Services.
You acknowledge that we are an intermediary online platform which provides the Services in order to help an Entertainer find an Audience Member and help an Audience Member find an Entertainer. We are not responsible for quality or other terms which shall be agreed between you and an Audience Member or Entertainer at your own risk. You acknowledge that we are not a party to an agreement between you and an Entertainer or Audience Member.
- "Account" shall mean an account that you create by registering on the Platforms.
- "Content" shall mean and include any data, information, text, images, graphics, audio materials, video materials, software, profiles, works of authorship, links and other content or materials that are available on the Platforms regardless of whether they are published by you, us or a third party.
- "Performance and Related Services" shall mean an act of presenting a play, concert, or other form of entertainment performed including, but not limited to, event services such as event staffing, flowers and decor, personal style, photographers, production services, rentals, videographers by the Entertainer to the Audience Member.
- "Audience Member" shall mean a User who has requested from an Entertainer a reservation of a Proposal through the Platforms by using the Services.
- "Entertainer" shall mean a User who has created a Proposal through the Platforms by using the Services.
- "Proposal" shall mean an offer published by an Entertainer on the Platforms with information about a price, Venue, Performance and Related Services, and other relevant information.
- "User" shall mean a person who has created an Account on the Platforms.
- "Venue" shall mean a place where Performance and Related Services may be performed.
YOUR ACCOUNT AND SECURITY
- In order to use the Services, you shall create an Account by inputting your personal data such as your username, first name, last name, e-mail, profile photo, phone number and other required information, and become a User. You may register to use the Services directly through the Platforms.
- By creating an Account you agree that we may use and publish your personal data through third-party social networking websites such as Facebook, Twitter, Pinterest, Instagram or other similar third-party social networking websites to promote you and advertise the Services to potential consumers and users.
- You may not have more than 1 (one) active Account in one category. If you create more than 1 (one) Account, we may suspend or terminate your Account and your access to the Services and Content through the Platforms.
- When registering you shall provide accurate, current and complete information and when such information becomes out-of-date you shall update such information to keep it accurate, current and complete. If any information provided when registering is inaccurate, fraudulent, not current, incomplete, or otherwise in violation of the User Agreement, we may suspend or terminate your Account and your access to the Services and Content through the Platforms.
- You are responsible for protecting your password and other confidential information. You shall not disclose your password to any third party and that you will take responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You shall immediately notify us of any unauthorized use of your Account through the contact information available on the Platforms.
- We may, for prevention of crimes or other related purposes, ask you to provide a document proving your identification, your date of birth, and other necessary information.
USE OF THE SERVICES
- The Platforms and Services shall be used to facilitate the reservation of a Proposal. Such a Proposal is provided by an Entertainer through the Platforms. You may reserve a Proposal or create a Proposal through your Account.
- To use the Platforms or Services you shall:
- - be entitled by your applicable law to be capable to enter into an agreement with us, an Entertainer or Audience Member;
- - be at least 18 (eighteen) years old;
- - provide accurate, complete, and updated information;
- - have not been banned by us to use the Platforms and Services;
- - have an updated device to visit and use the Platforms and Services;
- - provide any additional information required by us for providing the Services;
- When using the Platforms or Services you shall not:
- - violate any applicable law or any court decision applicable to the use of the Platforms or Services;
- - use any means to access, "scrape," "crawl" or "spider" any Content on the Platforms;
- - use any Content for any commercial or other purposes that are inconsistent with the User Agreement;
- - harm our brand in any way in a manner that it closely imitates or is confusingly similar to our domains, trademarks or any Content;
- - infringe our rights or the rights of any other person or entity including, but not limited to, their intellectual property, privacy, confidential or contractual rights;
- - interfere with or damage the Platforms or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- - use the Platforms or Services with regard to the distribution of unsolicited or undesired electronic messages or advertisements;
- - harass any user of the Services;
- - offer, as an Entertainer, any Proposal with false information;
- - order, as an Audience Member, any Proposal without an intention to order such a Proposal.
- - register for more than 1 (one) Account or register for an Account on behalf of an individual other than yourself;
- - recruit or otherwise solicit any Entertainer or other user to join third-party services, applications or websites that are competitive to us, without our prior written approval;
- - engage in disruptive, circumventive, abusive or harassing behavior on the Platforms or with regard to the Services;
- - publish any Content that infringes, misappropriates or violates intellectual property rights or right to privacy;
- - publish any Content that violates, or encourages any conduct that would violate any applicable law;
- - publish any Content that is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
- - publish any Content that is defamatory, obscene, pornographic, vulgar or offensive;
- - publish any Content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- - publish any Content that is violent or threatening or promotes violence or actions that are threatening to any other person;
- - circumvent any technological or security measure implemented on the Platforms;
- - attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platforms;
- - advocate, encourage, or assist any third party in doing any of what is prohibited by the User Agreement.
- By using the Platforms or Services you grant us a worldwide, non-exclusive, transferable, royalty-free, sub-licensable license to use, reproduce or distribute Content that you publish on or through the Platforms.
- You are, as an Audience Member, responsible for any verification of Venue, Performance and Related Services, and Proposal. You are, as an Entertainer, responsible for providing accurate, current and complete information about the Venue, Performance and Related Services, and Proposal. Unless explicitly specified otherwise on the Platforms, our responsibilities are limited to facilitating the availability of the Platforms and Services.
- We cannot and does not control the Content contained in any Proposal and the quality and other related things of any Proposal. We are not responsible for and disclaims all liability related to any Proposal. Any reservation will be made or accepted at your own risk.
- By using the Platforms and Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.
- If you stay at a Venue with an Audience Member or Entertainer who you feel is acting or has acted inappropriately including, but not limited to, anyone who engages in offensive, violent or sexually inappropriate behavior; you suspect of stealing from you; or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting through the contact information available on the Platforms. Your report will not obligate us to take any action beyond that required by law or cause us to incur any liability to you.
- The Platforms and Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such links, where they refer to and all available Content through these links. You acknowledge responsibility for and assume all risk arising from your use of any such links.
- As a User of the Services, you may create a Proposal. To create a Proposal, you will be asked a variety of questions about the Proposal to be listed, including, but not limited to, the Venue, Performance and Related Services, and price.
- You, as an Audience Member, will be able to reserve a Proposal through the Platforms based upon the information provided in such a Proposal.
- You, as an Entertainer, understand and agree that once an Audience Member requests a reservation of your Proposal, you may not request the Audience Member to pay a higher price than in the reservation request unless the Audience Member agrees to pay a higher price.
- You acknowledge and agree that you are responsible for offering or accepting any Proposal and publishing Content.
- You represent and warrant that any Proposal you publish and the reservation of a Proposal you provide will not breach any agreements you have entered into with any third parties and will be in compliance with all applicable laws and will not conflict with the rights of third parties.
- We have no responsibility for your compliance, regardless of whether you are an Audience Member or Entertainer, with any agreements with or duties to third parties or applicable laws. We may, at our discretion, at any time and without prior notice, remove or disable access to any Proposal for no reason.
- You acknowledge and agree that we are not an insurer or your contracting agent. If an Audience Member requests a reservation of your Proposal, any agreement you enter into with such an Audience Member is between you and the Audience Member and we are not a party to this agreement.
- When you, as an Entertainer, create a Proposal, you may include certain requirements which shall be met by an Audience Member such as to provide a picture or verified phone number, in order to consume your Proposal. An Audience Member wishing to consume the Proposal with such requirements shall meet these requirements.
FEES OF THE PLATFORMS AND PRICE
- We may, at our sole discretion, set fees for using the Services for any Entertainer and Audience Member. All prices are published separately on relevant pages on the Platforms. We may, at our sole discretion, at any time change any fees.
- An Entertainer shall inform an Audience Member about a price in a Proposal. If the Audience Member agrees to the Proposal, the Audience Member agrees to the price accordingly.
- You, as an Entertainer, understand and agree that once an Audience Member requests a reservation of your Proposal, you may not request the Audience Member to pay a higher price than in the reservation request.
- You, as an Audience Member, may cancel a reservation request of a Proposal in advance with a notification of an Entertainer. All terms with regard to cancellation of a request of a Proposal shall be agreed by an Entertainer and Audience Member.
- A price shall be paid at the end of consuming the Proposal. Any tips may be paid by an Audience Member at his/her own discretion. If an Audience Member does not agree to pay for the consumed Proposal, the Audience Member shall explain in written form why the Audience Member refuses to pay. All disputes arisen between an Audience Member and Entertainer shall be resolved individually between the Audience Member and Entertainer.
- If you cancel your reservation of a Proposal or you are not satisfied with the consumed Proposal, you may not ask us to provide any refund since you pay for facilitating to find an Entertainer. We are not responsible for such a refund.
- All prices for the fees are presented in EUR currency and all transactions with regard to payments of the fees shall be undertaken in EUR currency through available payment methods presented on the Platforms. If the purchases are undertaken in foreign currency the relevant conversion shall be applied through the applicable payment method. We shall not pay any conversion fees and you are fully responsible for such a conversion.
- You shall not avoid paying the fees in any manner. If we ascertain that you have avoided paying the fees we may suspend or terminate your Account and your access to the Services and Content through the Platforms.
- You shall comply with any domestic financial and tax requirements applicable to a consumed Proposal in accordance with your domestic law.
INTELLECTUAL PROPERTY RIGHTS
- The Platforms and Services contain works owned and created by us, and they are protected by copyright, trademark, patent and other intellectual property laws. We do not grant you or any other party any right, title or interest in any Content in the Platforms and Services.
- You may not use any of the Content. If there are no specific restrictions, you may copy a part of Content, presuming that the copies are made only for your personal use and that you maintain all copyright notices, trademarks, and other intellectual property notices.
- To the extent allowed by the applicable law, you waive any intellectual property rights including, but not limited to, moral rights you may have in any Content.
- We are not responsible for your ideas and information you share with other users. If you have an idea or information that you would like to keep confidential or you do not want others to use, do not publish it.
- We grant you a limited non-exclusive, non-transferable license to download and install a copy of our website, Apple and Android application on each mobile, tablet, computer and other devices and application program interfaces that you own or control and run such copy of the website, Apple or Android application solely for your own personal use with regard to the Services.
- If you think that any Content infringes your intellectual property rights or intellectual property rights of a third party you shall notify us through the contact information available on the Platforms. Upon notification of infringement through the contact information available on the Platforms we respond to remove, or disable access to, the Content that is claimed to be infringing or to be the subject of infringing activity unless the Content is used in fair use or your notification is misleading.
MONITORING USE OF THE PLATFORMS AND CONTENT
- We shall have no obligation to monitor any Content and we are not responsible for monitoring the Platforms for inappropriate or illegal Content or behavior by other users. We shall have the right, at our sole discretion, to edit, refuse to publish, or remove any Content.
- We may, at our discretion, choose to monitor or record your interaction within the Platforms or your communications with other users.
- We shall not be responsible for Content provided by other users. If someone is violating the User Agreement or misusing the Platforms or Services, please notify us through the contact information available on the Platforms and we will take reasonable steps to resolve this situation.
RULES OF COMMUNICATION
- You are responsible for your interactions with other users in accordance with the User Agreement and the applicable law.
- If you have a dispute with another user, you release us from responsibility, claims, demands or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to the dispute including, but not limited to, damages for loss of profits, goodwill, use or data.
- Some clauses of this section may be void in some countries of the European Union and other countries. If such clauses of this section are void, they shall not apply to you.
- YOU USE THE PLATFORMS AND SERVICES AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HAVE AN OBLIGATION TO UNDERTAKE PRELIMINARY OR REGISTERED SEX OFFENDER CHECKS ON ANY USER.
- THE PLATFORMS, SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE PLATFORMS, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY PROPOSAL OR ANY PERFORMANCE, OR A VENUE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PROPOSAL, ENTERTAINER, AUDIENCE MEMBER, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PLATFORMS AND SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE PLATFORMS, SERVICES AND CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND PLATFORMS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORMS OR SERVICES. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORMS OR SERVICES OR TO REVIEW OR VISIT ANY VENUE OR PERFORMANCE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORMS OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORMS AND SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORMS AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORMS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY AUDIENCE MEMBER AND ENTERTAINER, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY US. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY AUDIENCE MEMBER, ENTERTAINER OR OTHER THIRD PARTY.
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 PLATFORMS, SERVICES AND CONTENT, YOUR PROPOSAL OR RESERVATION OF ANY PROPOSAL THROUGH THE PLATFORMS, SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORMS OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR 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 THE USER AGREEMENT, FROM THE USE OF OR INABILITY TO USE THE PLATFORMS, SERVICES OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORMS, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORMS OR SERVICES, OR FROM YOUR PROPOSAL OR RESERVATION OF ANY PROPOSAL THROUGH THE PLATFORMS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT WILL WE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USER AGREEMENT AND YOUR USE OF THE PLATFORMS AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR PROPOSAL OR RESERVATION OF ANY PROPOSAL THROUGH THE PLATFORMS AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORMS, SERVICES, OR CONTENT AND IN CONNECTION WITH ANY PROPOSAL OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PROPOSAL THROUGH THE PLATFORMS OR SERVICES, AS AN AUDIENCE MEMBER, IN THE 12 (TWELVE) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN ENTERTAINER, THE AMOUNTS PAID BY US TO YOU IN THE 12 (TWELVE) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (100 USD), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
- If your domestic law does not allow these disclaimers or limitation of liability they do not apply to you. If your domestic law requires a certain period for which a warranty applies, it will be either the shorter of 30 (thirty) days from your first use of the Platforms or Services or the shortest period required by law.
You agree to release, defend, indemnify, and hold us and our affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platforms, Services, or Content or your violation of the User Agreement; your interaction with any User, reservation of a Proposal, or creation of a Proposal; the use or condition of a Proposal by you, including, but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of reservation or consuming of a Proposal.
TERM AND TERMINATION
- The User Agreement is effective until terminated by either you or us. You may terminate the User Agreement prospectively at any time by discontinuing your access to and use of the Platforms and destroying all materials obtained from the Platforms and all related documentation and all copies and installations thereof, whether made under the User Agreement or otherwise. If you terminate the User Agreement, you shall notify us by sending notice of such termination through the contact information available on the Platforms.
- We reserve the right to terminate your access to the Platforms for any reason or no reason (such cause may include your breach of the User Agreement). We may terminate your membership upon sending notice to you to the email address you provide in your application for membership or such other email address as you may later provide to us or via any other method in our sole discretion.
- The terms of the User Agreement, which by their nature should survive the termination of the User Agreement, shall survive such termination.
- At our discretion, we are entitled to change, modify, add or remove any provision of the User Agreement at any time by publishing the amended User Agreement on the Platforms (such as through notifications or your e-mail). We may provide an additional notice, such as messaging within the Platforms. Unless we state otherwise, changes are effective when published. If you continue to use the Platforms and Services after the changes are published you agree to the changes.
- The Platforms and Services are intended solely for persons who are 18 (eighteen) or older. Any access to or use of the Platforms, Services or Content by anyone under 18 (eighteen) is expressly prohibited unless a User access the Platforms with a legal guardian. By accessing or using the Platforms, Services or Content you represent and warrant that you are 18 (eighteen) or older.
- We are not liable for any changes or problems out of our control including, but not limited to, changes or problems caused by natural disasters, war, terrorism including, but not limited to, cyber terrorism and hacking activities, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.