Terms Of Service & Legal Disclaimer

1. Introduction

Please read these terms of service (“Terms”) carefully before using this www.funshineentertainment.com (“Website”) downloading, installing, or using our mobile application (“Services”) are owned by FunShine Entertainment (“FunShine Entertainment”). By accessing, registering, or using our Services, you agree to be bound by these Terms, including the disclaimers set forth below and the privacy policy. If you are not willing to be bound by these Terms, including the disclaimers, and privacy policy, you may not access or use our Services. All work performed by FunShine Entertainment and/or subcontractors, freelancers, vendors, outsources, partners, developers, and designers working on behalf of or for FunShine Entertainment are subject to the following Terms.

2. Changes To Terms Of Service

We reserve the right, at our discretion, to modify, add, or remove portions of these Terms at any time and each such change shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of Services following the posting of changes to these Terms will mean you accept those changes.

3. Age Restrictions

You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Services. If you are under the age of 18, you may not use the Services. Forming a binding contract for the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein.

4. Registration

To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with FunShine Entertainment (“Account”). You represent and warrant that all information provided by you to FunShine Entertainment is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

5. Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive site, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to this Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. You agree to use the Services only for purposes that are permitted by (a) this Terms; (b) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU, the United States or other relevant countries); and (c) any other applicable rules (including, without limitation, Facebook, Twitter and other social media platform rules).

6. Copyright Policy

FunShine Entertainment respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated FunShine Entertainment: Your physical or electronic signature; Identification of the copyrighted work(s) that you claim to have been infringed; Identification of the material on our Service that you claim is infringing and that you request us to remove; Sufficient information to permit us to locate such material; Your address, telephone number, and email address; A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

7. Release

You hereby release and forever discharge the FunShine Entertainment from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature including without limitation personal injuries, death, and property damage, or disclosure of any personal Health Information or for violation of HIPPA, or for violation of any applicable Privacy laws, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services.

8. Privacy

You acknowledge and confirm that you have read FunShine Entertainment Privacy Policy, the terms of which are incorporated by reference herein, and agree that the terms of FunShine Entertainment Privacy Policy are reasonable. You consent to the use of your personal information by FunShine Entertainment and/or its third-party providers, partners, users, and affiliates in accordance with the terms of and for the purposes set forth in the Privacy Policy as may be amended from time to time in FunShine Entertainment sole discretion.

9. Limitation Of Liability

To The Maximum Extent Permitted By Law, In No Event Shall Funshine Entertainment (Or Our Suppliers) Be Liable To You Or Any Third Party For Any Lost Profits, Lost Data, Or Any Indirect, Consequential, Exemplary, Incidental, Special Or Punitive Damages Arising From Or Relating To This Terms Or Your Use Of, Or Inability To Use, The Service, Even If Funshine Entertainment As Been Advised Of The Possibility Of Such Damages. Access To, And Use Of, The Website Or Service Is At Your Own Discretion And Risk, And You Will Be Solely Responsible For Any Damage Or Loss Resulting Therefrom. Some Jurisdictions Do Not Allow The Limitation Or Exclusion Of Liability For Incidental Or Consequential Damages, So The Above Limitation Or Exclusion May Not Apply To You.

10. Disclaimers

The Website Is Provided On An “as-is” And “as Available” Basis, And Funshine Entertainment (And Our Suppliers) Expressly Disclaim Any And All Warranties And Conditions Of Any Kind, Whether Express, Implied, Or Statutory, Including All Warranties Or Conditions Of Merchantability, Fitness For A Particular Purpose, Title, Quiet Enjoyment, Accuracy, Or Noninfringement. We (And Our Suppliers) Make No Warranty That The Website Or Service Will Meet Your Requirements, Will Be Available On An Uninterrupted, Timely, Secure, Or Error-free Basis, Or Will Be Accurate, Reliable, Free Of Viruses Or Other Harmful Code, Complete, Legal, Or Safe. The Foregoing Disclaimer May Not Apply To You If You Reside In A Place That Does Not Allow Disclaimers Of Implied Warranties.

11. Accuracy Of Information

Although FunShine Entertainment attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the content or information on the Website. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform FunShine Entertainment.

12. Links To Third-party Websites

This Website may contain links to Websites operated by other parties. FunShine Entertainment makes no representations whatsoever about any other Website that you may access through this Website. The linked Websites are not under the control of FunShine Entertainment, and FunShine Entertainment is not responsible for the content available on any other Websites linked to this Website. FunShine Entertainment disclaims all liability regarding your access to such linked Websites. FunShine Entertainment provides links to other Websites as a convenience to users, and access to any other Websites linked to this Website is at your own risk. It is up to you to take precautions to ensure that whatever you for your use or download is free of such items as viruses, worms, trojan horses and other items of a destructive nature. If you decide to access any of the third-party Websites linked to this Website, you do this entirely at your own risk.

13. Indemnification

You agree to indemnify and hold harmless FunShine Entertainment and its officers, employees, and agents, including without limitation any costs or legal fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of this Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. FunShine Entertainment reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of FunShine Entertainment. FunShine Entertainment will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

14. Compliance With Local Laws

Users who choose to access this Website or the Services found at this Website are responsible for compliance with all local laws, rules, and regulations.

15. General

a. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. b. Governing Law. These Terms are governed by the laws in force in Texas, USA and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Harris County, Texas, USA. c. Electronic Communications. The communications between you and FunShine Entertainment use electronic means, whether you use the Service or send us emails, or whether FunShine Entertainment posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from FunShine Entertainment in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that FunShine Entertainment provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. The foregoing does not affect your non-waivable rights. d. Headings. The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the terms and conditions herein, nor the shall they limit, influence, or otherwise affect the interpretation of the Terms contained herein. e. Severability. The Terms contained herein shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. f. Copyright/Trademark Information. FunShine Entertainment, all rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. g. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our Services that is caused by events outside our reasonable control (“Force Majeure Event”). i. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes (without limitation) the following: Misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks); Strikes, lockouts or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of public or private telecommunications networks; and The acts, decrees, legislation, regulations or restrictions of any government. Our performance of Services will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event. h. Contact us. If you have any questions or complaints about these Terms, please contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

16. Funshine Entertainment Refund Policy

No Refund Policy: FunShine Entertainment strictly adheres to a no refund policy. Once a client makes a payment for any of our services or products, refunds will not be provided. Due Diligence by Client: We encourage our clients to make informed decisions. It’s paramount for clients to fully comprehend our terms of service, product specifications, or service deliverables before initiating a payment. Pre-Purchase Inquiries: Should potential clients possess any reservations or require clarification about a particular service or product, they are strongly advised to reach out to FunShine Entertainment prior to the transaction. We are devoted to transparency and will endeavor to address any concerns to foster informed decision-making. Exceptions: Unless an exception is explicitly indicated in a mutually agreed-upon written document or as demanded by prevailing laws, the no refund policy will be strictly enforced. Acknowledgment: By transacting with FunShine Entertainment, clients acknowledge and agree to this refund policy.

17. Data Protection & Security

Regarding the security of our data, it’s crucial to recognize that we rely on trusted platforms such as Trello, Microsoft 365, and Jira for managing our data and emails. While these platforms provide robust security measures, it’s essential to acknowledge that no system is entirely immune to potential security breaches. We take data security seriously and have implemented all recommended security features provided by these companies to safeguard our information. However, in the unfortunate event that there is a breach, we want to emphasize that we cannot assume full responsibility. This stance is not a reflection of mistrust in these platforms but rather a recognition of the evolving nature of cybersecurity threats. Even well-established companies can fall victim to determined hackers, despite their best efforts to protect user data. To mitigate the risk of data breaches, we continuously monitor our security measures, stay updated on the latest security protocols, and are prepared to respond swiftly and effectively to any security incidents. We also encourage all team members to practice good cybersecurity hygiene, including using strong passwords, enabling multi-factor authentication, and staying vigilant for phishing attempts. While we do our utmost to secure our data, it’s essential for all team members to remain proactive and vigilant about protecting sensitive information to collectively enhance our overall cybersecurity posture.

18. Marketing And Promotional Use

“Marketing and Promotional Authorization: The client hereby grants FunShine Entertainment an irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all completed work, client names, photographs with clients, and descriptions of projects, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with FunShine Entertainment’s marketing and promotional activities. This shall include, but not be limited to, use on FunShine Entertainment’s website, social media platforms, and in any of its marketing or advertising materials. The client acknowledges and agrees that this authorization is made for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged By Phone: (713) 355-4447 By Email: info@funshineentertainment.com