TERMS OF USE - FUN COMP INC.
Effective: May 1, 2026
DESCRIPTION
Fun Comp offers timed Games of Skill in several areas including but not limited to Math, Trivia, Spelling, Drawing, Singing, Reading, Dancing & more. The first 10 participants that submit the correct answer or correct submission within the game play time period are considered the winners and awarded the appropriate prize based on the timestamp of the individual user’s correct answer or correct submission. There may be fewer or no winners if no player submits a correct answer or correct submission within the game play period. Fun Comp does not offer gambling, lotteries or sweepstakes.
Table of Contents
1) Acceptance of Terms
2) Age Restriction and Usage Release of Liability
3) Play Store Release of Liability
4) Account information
5) License
6) Account Termination
7) Access To Your Device Microphone, Camera and Media Gallery
8) User Content
9) Communication Channels
10) Notification Procedures
11) Skilled Games, Contests, Competitions
12) Virtual, In Game Currency, Goods (“Entry / Tickets / Seats / Play / Opportunities / Awards”)
13) Refunds
14) Game Cancellation and Game Cancellation Credit
15) Competitions, Contests, Tournaments, Games & Rules
16) Honor Code
17) Exclusive Game Password / Game Access Code
18) Cheating
19) Free Games & Fun Coins
20) Fun Coins / Virtual Currency
21) Promo Code / Free Play Code
22) Answer Submission Liability Waiver
23) Winner Selection Process, Winner Announcements
24) Payments and Fees
25) Winnings, Available Balance and Withdrawals
26) Taxes
27) Rules of Conduct and Usage
28) Original Content Creator Credit
29) Businesses
30) Deleting Your Account
31) Intellectual Property (IP) Ownership
32) Disclaimer of Warranty; Limitation of Liability
33) Compliance With Laws
34) Governing Law
35) Entire Agreement
36) Severability
37) Force Majeure
1) Acceptance of Terms
The Terms of Service (“Terms”) you are reading and accepting are a legal and binding agreement between Fun Comp Inc. (“Fun Comp”) and yourself (“you”). By accessing or using any Fun Comp application or game (“Service”) you agree that you have read, fully understood, accept and agree to be bound by these Terms.
Fun Comp Inc. (“Fun Comp”, “we”, “our” or “us”) is a mobile application “app” developed to present, offer and facilitate skilled based Contests, Competitions, Tournaments, Games (also referred to in totality as “Games”) for mobile devices. We also operate the www.funcomp.com website, its subdomains and its related features (“Website”, and together with the Apps – the “Services”).
You agree that you understand that you are not obligated to use our Services and you are entering into a binding contract when you install and participate in our Services.You should read, make sure you fully understand and agree to our Terms of Use (Terms). If you do not understand and agree to our Terms, you should not start to use our Services or you should immediately discontinue using our Services. You agree that you accept and fully understand our Terms if you begin to use or continue to use our Services.
Fun Comp reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service.
If you violate the Terms, Fun Comp reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that Fun Comp need not provide you notice before terminating or suspending your account(s), but it may provide such notice in its sole discretion.
You agree that Fun Comp may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
2) Age Restriction and Usage Release of Liability
The Service is intended for use by those 18 or older. You declare that you are 18 years old or older. No one under the age of 18 is allowed to use this service. Anyone under the age of using this service is deem ineligible and does not qualify to participate, win any prizes and agrees to forfeit and return any prizes in its full amount. It is the minors parents responsibility to monitor the minors usage and access to technology and Services which prohibit minor and Fun Comp is not liable for any mental, emotional, physical or financial damages arriving from the unauthorized use of it Services by anyone under or above the age of 18.
3) Play Store Release of Liability
By using this service you acknowledge, accept and waive any and all liability to all Play Stores (Apple, Google and others). Play Stores do not sponsor or participate in any games, prize offerings and are not responsible for any prize payouts, credits or refunds. You further acknowledge and agree to accept that Fun Comp manages all prize offerings, credits and refunds.
4) Account information
During the process of creating an account to access the Service (”Account”), you may be required to select a password or to allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):
You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Fun Comp will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;
In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Fun Comp and modify your Login Information;
You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Service or is otherwise improper or illegal.
You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your debit card, credit card or other payment instrument (for example, paypal) by minors.
Fun Comp reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
Any personal information you provide to us when creating or updating your account, which may include your name, birth date, telephone number, e-mail address, and, in some cases, payment information, will be held and used in accordance with Fun Comp’s Privacy Policy. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.
5) License
Subject to your agreement and compliance with these Terms, Fun Comp grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
6) Account Termination
Fun Comp may refuse access to the Service or may terminate your account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your account, or illegal or improper use of the Services, User Content (as defined below), products, or Fun Comp’s intellectual property as determined by Fun Comp in its sole discretion. You may lose your user name and persona, if applicable, as a result of account termination, without responsibility on the part of Fun Comp for any damage that may result from the foregoing. If you have more than one account, Fun Comp may terminate all of your accounts.
In addition to the foregoing, Fun Comp may selectively remove, revoke or garnishee Benefits associated with your account. “Benefits” mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include but are not limited to paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Benefits associated with your account or the particular Service.
You acknowledge that Fun Comp is not required to provide you notice before suspending or terminating your account or selectively removing, revoking or garnisheeing Benefits associated with your account. In the event that Fun Comp terminates your account, you may not participate in any of the Services again without Fun Comp ’s express permission. Fun Comp reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your account.
You may stop using the Service at any time. Data, Post, Videos, Images, Audio, Art, Hosted Games, Answers and Certain Public Communications you have made public will not be removed from the service. You also have the option to copy or download a copy of your data first.
If you choose to close your account, any funds in your account will be forfeited. If you want to withdraw funds from your account before closing it, you must request to do so prior to terminating your account. If we unilaterally close or terminate your account due to your violation (as determined in our sole discretion) of these Terms, funds in your account may be forfeited and not returned to you.
If you believe that any action has been taken against your account in error, please contact us at: fclegalattention@funcomp.com within 30 days. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
7) Access To Your Device Microphone, Camera and Media Gallery
By using this service you agree to grant Fun Comp access to your Microphone, Camera and Media Gallery for the purpose giving yourself the ability to access, upload and submit answers for the Game and Challenges that require answers to be submitted with an image, video or audio. You also agree that access to your Microphone, Camera and Media Gallery is necessary for additional identification proposes when relevant.
CAMERA ACCESS is needed so users can, upload and submit answers for the Games, Contest and Challenges that require answers to be submitted with an image, video or audio. Fun Comp may also need access to your camera for you to provide additional identification.
MICROPHONE ACCESS is needed so users can, upload and submit answers for the Games, Contest and Challenges that require answers to be submitted with an image, video or audio. Fun Comp may also need access to your camera for you to provide additional identification.
PHONE GALLERY ACCESS is needed so users can, upload and submit answers for the Games, Contest and Challenges that require answers to be submitted with an image, video or audio. Fun Comp may also need access to your camera for you to provide additional identification.
8) User Content
You agree that any content published by you through the Service is done so through the use of technology and tools provided by Fun Comp. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your’ publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Fun Comp’. You grant Fun Comp the right to act as an agent on your behalf as the Service’s operator.
Any data, communications, text, graphics, photographs, videos, or any other content, and their selection and arrangement, uploaded to the Service by any user (“User Content”) are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Fun Comp. Any communications, text, graphics, photographs, videos files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. Fun Comp shall not bear any responsibility for any of the above mentioned content.
Fun Comp may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Fun Comp will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
Fun Comp reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Fun Comp shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
9) Communication Channels
The Service may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other Service users. Fun Comp is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Fun Comp may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Fun Comp, and these communications should not be considered reviewed or approved by Fun Comp. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Fun Comp be liable for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Fun Comp is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
10) Notification Procedures
Fun Comp may provide notifications, that may or may not be required for marketing or other business-related purposes or by law, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined at Fun Comp sole discretion. Fun Comp reserves the right to determine how to provide notifications to you, provided that you may opt out of certain means of some notifications.
11) Skilled Games, Contests, Competitions
Fun Comp Game, Contest, Competition are skilled based questions, problem solving, knowledge test, academic executions and action request. Our games do not incorporate any elements of gambling, lottery, or sweepstakes to produce any correct results which means we do not offer Gambling Services, Lottery Services nor Sweepstakes Services.
The first 1 to 10 Participants that submit the correct answer, feedback, or action the fastest are considered the Winners with the 1st Place Prize awarded to the participant that delivered the correct answer, feedback, or action the quickest per the Services Time Stamp and the remaining prizes are awarded similarly based on the respective Time Stamp.
Action Game Judging
Action games are judged by the completeness of the action and not the quantity of the action to eliminate subjective bias. For example: if the Contest requires the participants to sing a song, the participants will not be judged on their ability to sing the song exactly as the Host presents the song , instead the participants will be judged based on the inclusion or exclusion of all the official lyrics included in the portion of the song the participants are required to repeat. Essentially making it a Song Lyric Recital Competition and not an actual song performance competition.
Drawing, Painting and Art Competition Judging (individually and jointly referred to as “Art”: Winners of Art Competitions are selected based on our Basic Mimic Standards.
Art games are not judged on the quality of the Art. Art is judged based on the participants ability to recreate similar shapes and designs, with similar colors, within similar areas of the Art, that the Challenge requires the participants to recreate.
For example: the competition shows the participants a picture of four circles drawn side by side “ O O O O” and ask the participants to draw four circles side by side “ O O O O” and color 1/2 of each circle with the color Yellow and color the other half the circle blue.
The judging will not consider if the participants have drawn perfect circles or if the yellow color or blue colors used are exactly the same as the picture the host initially presented. This means this is not a quality of art competition which eliminates bias in judging, instead it is a Basic Art Mimic Competition judged on the participants ability to recreate the basic concept of the art.
12) Virtual, In Game Currency, Goods (“Entry / Tickets / Seats / Play / Opportunities / Awards”)
The Service may include an opportunity to purchase virtual, in-game currency (“Entry / Tickets / Seats / Play / Opportunities / Awards”) that may require you to pay a fee using real money to obtain the Entry / Tickets / Seats / Play / Opportunities / Awards with, cannot be refunded or redeemed for real money, goods, or any other item of monetary value from Fun Comp or any other party. You understand that you have no right or title in the virtual in-game items, wagers or Entry / Tickets / Seats / Play / Opportunities.
Virtual, in-game currency (“Entry / Tickets / Seats / Play / Opportunities / Awards”) may only be held by legal residents of countries where access to and use of the Services are permitted. Entry / Tickets / Seats / Play / Opportunities / Awards may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Entry / Tickets / Seats / Play / Opportunities / Awards for any reason. When you purchase Entry / Tickets / Seats / Play / Opportunities / Awards, they will reside in your account (“Game Account”) until discharged through use of the Service. When purchasing Entry / Tickets / Seats / Play / Opportunities / Awards or other content / service as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Entry / Tickets / Seats / Play / Opportunities / Awards and/or other content are final.
13) Refunds
You agree that you acknowledge and accept our Refund Policy here within.
Your purchase of virtual, in-game currency (Entry / Tickets / Seats / Play / Opportunities / Awards) is final and is not refundable, transferable or exchangeable, except in Fun Comp’s sole discretion. You may not purchase, sell, or exchange Entry / Tickets / Seats / Play / Opportunities / Awards outside the Service. Doing so is a violation of the Terms and may result in termination of your Service account and/or legal action taken against you. Fun Comp retains the right to manage, control, modify and/or eliminate Entry / Tickets / Seats / Play / Opportunities / Awards or any other form of virtual currency at its sole discretion. Prices and availability of Entry / Tickets / Seats / Play / Opportunities / Awards are subject to change without notice.
If your Game Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 48 hours from the time of purchase in order for refunds to be issued in accordance to payment provider policy. Refund requests past 48 hours from time of purchase will be honored according only in accordance to payment provider policy.
Other than charges to your Game Account, you agree to notify us about any billing problems or discrepancies within 7 days after they first appear on your account statement. If you do not bring them to our attention within 7 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your user account or Game Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
14) Game Cancellation and Game Cancellation Credit
You agree that you acknowledge and accept our Game Cancellation Credit here within.
Fun Comp will cancel a game if the minimum amount of entries has not entered a game prior to 1minute of the game start time and Fun Comp reserves the right to cancel any game at any time.
If a game is canceled the method of entry of which each Non Term violating Player has entered the game with, will be credited to their account. Any player who is deemed in violation of out Terms will have forfeited their entry method and will not be credited.
A portion of the Game Cancellation Credits can be converted to real money, can be withdrawn but cannot be sold and cannot be transferred. See section "Winnings, Available Balance and Withdrawals" & section "Payments and Fees" for more details.
15) Competitions, Contests, Tournaments, Games & Rules
The Services may include the opportunity to compete for prizes including real money after you have purchased a Entry / Ticket / Seat for a specific game, competition or challenge. We reserve the right to disqualify you and revoke any opportunity to participate in any Competition / Game if you violate any portion of our terms.
You agree that you fully understand the Competition / Game, Start Time and Rules of each game prior to purchasing a Entry / Ticket / Seat. You agree to comply fully with all the rules of each Competition / Game you choose to purchase a Ticket / Seat for. You agree that it is solely up to you to make sure that you are online to participate in any Competition / Game you have purchased to participate in and will not hold Fun Comp liable for your failure to participate for any reason. You understand that your purchase of a Ticket / Seat is not refundable and not transferable.
Competition / Game times are set prior to the the start of each individual Competition / Game and all Entry / Tickets / Seats must be sold prior to the start time for a game to be played. You agree to log on for your Competition / Game 60 minutes prior to the posted start time and to avoid missing the game for any reason. You also agree to post potential answer during the assigned game time and remain online for the entire duration of the game. You agree not to hold Fun Comp liable for your failure to adjust for any time differences. You will be issued a credit in your wallet of your purchase amount for any Entry / Tickets / Seats to a game you have purchased if the game does not sell out prior to the start of the game. This amount will be reflected in your Available Balance which may be different that your withdrawable amount.
Each Competition / Game will have it’s own unique rules in addition to any that may be within these terms and you agree to review and fully understand and fully accept each Competition / Game unique rules prior to purchasing Entry / Tickets / Seats to participate in any Competition / Game. You agree to not hold Fun Comp liable for games that do not sell out or start for any reason.
16) Honor Code
To reduce cheating. Fun Comp may randomly generate or manually input a code or series of letters and or numbers that will be shown to all contestants of a game and must be input prior to submitting answers or responses to a challenge. You must input the Honor Code prior to submitting answers or responses or you may not be allowed to submit any answers or responses. If you submit the correct answer or response before anyone else does and did not submit the honor code you will not be eligible to win.
Submit the Honor Code prior to submitting any answers or responses to a challenge.
17) Exclusive Game Password / Game Access Code
Hosts may offer exclusive games. Fun Comp may randomly generate or manually input a code or series of letters and or numbers that will be shown to Selective and Authorized individuals / contestants of a game. This Access Code must be inputted prior to joining an Exclusive Game.
Only the Selected Authorized players who the Host have given the Game Password / Game Access Code to are authorized to participate.
Exclusive Games are invitation only. Any player who has wrongfully obtained or distributed the Exclusive Game Code will forfeit their entry fee, will not qualify to win a prize, will be subject to the Cheating clause within this agreement and may be subject to additional legal action.
18) Cheating
Fun Comp does not tolerate cheating. Play fair. No cheating.
If Fun Comp becomes aware that you have obtained in any way, any non public game details, hints or answers, your account will be blocked and you will be banned indefinitely from competing in future games.
In addition you agree to forfeit 100% of your entry fees and you also agree to forfeit 100% of any prize winnings or potential prize winnings. If prize money have been paid to you prior to the detection of such violation you agree to repay 100% of the winnings from all games of which you are deemed in violation within 30 days of violation repayment notice and you also agree to pay all legal fees associated with recovering these fees and damages.
Any Player or Host who has been caught cheating are in violation of our terms are deemed ineligible to collect host commissions, winner prize money, will forfeit their entry fee, will be subject to the Cheating clause within these Terms and may be subject to additional legal action.
19) Free Games & Fun Coins
The Service may include an opportunity to enter Free Games that will not require you to pay a fee using real money to obtain Entry / Tickets / Seats.
Free Games pay out Virtual Currency (“Fun Coins”) that cannot be converted into real money and cannot be redeemed for real money, goods, or any other item of monetary value from Fun Comp or any other party. You understand that you have no right or title in the virtual in-game items, wagers or Entry / Tickets / Seats.
Fun Coins can only be used towards purchasing Entry / Tickets / Seats to only the Pay to Play Games and can never be converted to real money nor withdrawn or transferred from your wallet.
20) Fun Coins / Virtual Currency
The Service may include an opportunity to earn Fun Coins / Virtual Currency which may be used to enter Pay To Play games that offer the opportunity to win real money.
Fun Coins can only be used towards purchasing Entry / Tickets / Seats to only the Pay to Play Games and can never be converted to real money nor withdrawn or transferred from your wallet.
Fun Coins cannot be redeemed for real money, goods, or any other item of monetary value from Fun Comp or any other party.
21) Promo Code / Free Play Code
A Host may publicly provide a Promo Code / Free Code for the opportunity to enter Pay to Play Games at no cost.
Host must provide the Promo Code so that all potential Players / Entries have equal opportunity to use the Limited Promo Code.
Any participant that has wrongfully obtained a Promo Code is deemed ineligible and will not be allowed to collect prize money. A Host may be asked to provide proof of publicly sharing the Promo Code in order to confirm winner payouts.
Any Player who has wrongfully obtained or Host who has wrongfully distributed a Promo Code is in violation of our Terms and deemed ineligible to collect host commissions, winner prize money, will forfeit their entry fee, will be subject to the Cheating clause within these Terms and may be subject to additional legal action.
22) Answer Submission Liability Waiver
You agree that you acknowledge and accept our Answer Submission Liability Waiver here within.
You agree to not hold Fun Comp liable for answer submission issues not limited to any parties communication, internet, server, power, bugs, device, auto correct, auto spell and or your personal input errors that may cause your’ submissions to be delivered incorrectly, delayed or undelivered.
23) Winner Selection Process, Winner Announcements
You agree that you acknowledge and accept our Winner Selection process here within.
You agree that you fully understand that Competition / Game winners are selected by the speed of delivery of the correct answer, action and or response, required for a specific Competition / Game within the game play time period. You agree that the time stamp provided through the Services which may be affected by matters uncontrollable by Fun Comp is the time stamp that Fun Comp will use to determine the delivery time of each users submission, including yours.
Some winners are selected by our Auto Judge which is programmed to detect and filter the correct answer submissions by internal time stamp. The Host or Fun Comp must confirm winners and authorize prize payouts. Winners selected by the Auto Judge will be announced through the Services in the Winners Board Section within 1-7 business days of the conclusion of the game.
Some winners are determined by a Human Judge which may cause winner determinations to take 1 - 30 business days. Human Judges are used to determine the winners for Image, Audio and Video Competitions. Human Judges may not be as accurate in determining winner as the Auto Judge. You agree to not hold Fun Comp liable for any Human Judge inaccuracies when selecting winners for Image, Audio and Video Competitions. Host or Fun Comp must confirm winners and authorize prize payouts. Winners selected by a Human Judge will be announced through the Services in the Winners Board Section within 1- 30 business days of the conclusion of the game.
If multiple contestants enter the correct answer at what appears to be the same exact time stamp due to time stamp information limitations, Fun Comp will simply select the games maximum amount of winners in chronological order presented by the services. All participants fully understand and agree to accept this process as a fair solution.
You can only win one prize. Submitting the correct answer or attempting to submit the correct answer multiple times does not qualify you to win multiple prizes. You can only win the single highest available prize in a single game that the time stamp of your correct submission was submitted if a winning spot is still available at the time of your correct answer time stamp.
Competition results and prize calculations are based on the final statistics and scoring results at the completion of the competition. Once competition results are reviewed and graded, prizes are awarded. The scoring results of a competition will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except at Fun Comp’s sole discretion.
Each competition may be accompanied by additional game rules created by the game Host. Fun Comp encourages you to read such rules prior to entry and follow the additional rules accordingly.
Fun Comp reserves the right to cancel competitions at any time. See “Game Cancellation and Game Cancellation Credit” for details.
You agree to use our Services for fun and you understand that you may not win any prize for any Competition / Game you choose to enter.
24) Payments and Fees
All payments and fees for Services that require your payments ("Fees") shall be made known to you prior to entry in any competition or tournament. If you agree to enter a competition, you agree to pay those Fees associated with the entry. All Fees must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits, and withdrawals made under your account, including any unauthorized charges, deposits, or withdrawals. We may change the price of Services at any time, but no price change will affect your past purchases.
We may require you to pay Sales tax, VAT, and GST, as required by applicable law. Please note that all taxes payable will calculate and add on top of or be deducted from any withdrawal or deposit amounts, as applicable. You agree to pay us the applicable charges for any Fees, including applicable taxes incurred by you or anyone using an account registered to you or any minor within your household using an account authorized or not authorized by you, using a valid charge card, or another payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. Other than charges to your account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties, and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
We may change Fees with or without notice to you and Fees may be different for International Transactions. By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Services using your payment method. For Users in some countries, the minimum withdrawal amount will be more than $10 US due to higher transaction fees and currency conversion for International Payouts outside of the United States of America. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. If you believe that you have paid any Fees in error, you must notify us within 30 days after the error occurs. We will then promptly investigate the charge. If you don't notify us within that time, we will not be liable for any losses resulting from the error and we won't be required to correct the error or provide a refund. If we identify a Fee error, we will correct that error within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys' fees and other legal fees and costs.
If you play competition without depositing U.S. Dollars into your account for that competition, then you are a "Non-Cash Player" with respect to such competition. However, if you play in a competition that requires an entry fee paid in U.S. Dollars ("Cash Competition"), then you are a "Cash Player". As a Cash Player, you hereby acknowledge that we reserve the right to change the following at our sole discretion, without giving you prior notice: (i) any method for evaluating your funds; and (ii) any withdrawal related rules, including the minimum withdrawal amount, withdrawal methods and withdrawal fees. Upon a withdrawal request, you may be required to submit the following current and correct information: your full name, your permanent residential address, your ID, your phone number, and your credit card or other payment information. Failure to provide the required information may result in our inability to process your withdrawal for any winnings. Participating in cash competitions may, in our sole discretion, require establishing a positive account balance prior to entry. If you are a Cash Player, by submitting this information, you consent to allow us to share your personal and payment information in confidence with third-party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purposes as detailed in our Privacy Policy. In addition, Fun Comp reserves the right to issue or process withdrawals solely via payment methods supported by Fun Comp. If you make a credit card deposit, we may submit an authorization request to the issuing bank of at least ten U.S. Dollars ($10.00) to your credit limit, even if the actual amount charged may be lower. In addition, your personal account (whether it's a bank account, credit card, PayPal or other) may incur additional fees and/or commissions for receiving funds from your Fun Comp account. We are not responsible for paying those fees and/or commissions even if such fees/commissions exceed the withdrawn amount itself.
If you choose to close your account, any funds in your account will be forfeited. If you want to withdraw funds from your account before closing it, you must request to do so prior to terminating your account. If we unilaterally close or terminate your account due to your violation (as determined in our sole discretion) of these Terms, funds in your account may be forfeited and not returned to you.
If your account is inactive (i.e. you have not entered at least one (1) game, competition or tournament) for six (6) consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 per month (the “Monthly Maintenance Fee”). After 24 or more months of inactivity, you may be notified by the email associated with your account that if your account remains inactive for one (1) more month we may close it, at our sole discretion. The Monthly Maintenance Fee will be deducted from your account for each consecutive month that it remains inactive. The Monthly Maintenance Fee will not be deducted from your account if there are no funds in your account.
You must promptly notify us of any changes to your payment account, debit/credit card account number, its expiration date and/or your billing address, or if your payment account, debit/credit card expires or is canceled or changed for any reason. We are not liable for any loss caused by any unauthorized use of your debit/credit card or another method of payment by a third party in connection with the Services. Any attempt to defraud through the use of debit/credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation and/or criminal prosecution.
Unless otherwise required by law, all Fees are final and no refunds are given.
25) Winnings, Available Balance and Withdrawals
Real Money Prize Winnings are the only funds that can be withdrawn.
If you have won a real money prize, you may request you allowed withdrawal amount of real money prize funds from your available account balance at any time. Minimum withdrawal amount is $10.00 US. Fees may apply. Withdrawable amount may be 1% less than the Available Balance. Payment Processor and Fun Comp may charge a processing fee to withdraw funds from your wallet. Fun Comp may charge a processing fee of 2% + $0.25 per withdraw request. Processing of requested funds may take up to ninety (90) days; provided, however, that we may freeze your account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse or fraud, verification of eligibility, or to comply with applicable laws.
If you are eligible to receive prizes, we may require that you provide us with proof that you are, or were at the time of your participation in the competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide us with such proof to our reasonable satisfaction, then you will not receive the prize. If you receive a prize in error, we may reverse or require the return of the prize. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
In some cases a physical check may have to be mailed and the processing may take up to 120 days.
Unless otherwise required by law, all Fees are final and no refunds are given.
26) Taxes
You are solely responsible for recording, paying, and accounting to any relevant government, taxation, or other authority for any tax or other levy that may be payable on any winnings paid to you. We may send you federal or state tax forms and/or other appropriate form(s) if your total winnings equal six hundred dollars ($600.00) or more in any given calendar year. Without limiting the foregoing, we may withhold from your existing account balance and/or from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.
27) Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein.
You undertake that you shall not defraud, or attempt to defraud, Fun Comp or other users, and that you shall not act in bad faith in your use of the Service. If Fun Comp determines that you do act in bad faith in violation of these Terms, or if Fun Comp determines that your actions fall outside of reasonable community standards, Fun Comp may, at its sole discretion, terminate your account and prohibit you from using the Service.
You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
28) Original Content Creator Credit
You agree that you acknowledge and accept our Original Content Creator Credit Process and Obligation here within.
All Users and Host agree to give the original creators credit for all material posted that contains content of the content creator if any footage, images or sound is used by a person other than the original content creator themselves.
Credit may be given in End Credits at the end of videos, in the About section while creating the game or anywhere on an image that does not interfere with the clear presentation of the main information needed to properly conduct or participate in a game.
You agree that you to take full responsibility for giving credit to Original Content Creators and you agree to waive Fun Comp of all liability if you are found in violation of any copyright violations.
29) Businesses
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
30) Deleting Your Account
If you choose to delete or close your account, you must withdraw your entire withdrawable balance to avoid full forfeiture or additional processing fees and processes . Any reming funds in your account will be forfeited after 7 days if you do not request in writing for your withdrawable balance to be mailed to you within 7 days. You agree to additional processing fees of $30 US or 10% (whichever is greater) if you fail to make the maximum withdrawal before deleting your account, if Fun Comp has to mail a check and to provide additional identification and mailing address to confirm payment is being mailed to the correct person.
If Fun Comp unilaterally close or terminate your account due to a violation (as determined in our sole discretion), funds in your account will be frozen and forfeited as a penalty to you and these funds will not be returned to you.
Fun Comp may be required by law to store some or all of your data indefinitely or for a period of years required by the laws of different regions the app is available in. Fun Comp will continue to use some of all of the content you have made public in the app prior to deletion and agree Fun Comp is not liable for any redistribution by any users of any content you have made public in the app.
You will not be able to sign into your account again once you delete your account. You will not be able to register with the same email address once you delete your account. Fun Comp cannot reinstate your deleted account once you or Fun Comp have deleted, closed or terminated your account.
31) Intellectual Property (IP) Ownership
Fun Comp retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Fun Comp’s explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Fun Comp. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
Fun Comp and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
32) Disclaimer of Warranty; Limitation of Liability
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Fun Comp, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Fun Comp makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:
In no event will Fun Comp, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Fun Comp has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Fun Comp shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to indemnify and hold Fun Comp, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with
All named and unnamed countries within this contract may have full or partial restrictions of our Services at the time of the most recent draft of our Terms and you agree to not hold Fun Comp or it’s partners liable for any current or future legal restrictions or violations known or unknown by Fun Comp or its partners.
33) Compliance With Laws
You acknowledge that various rules, regulations, and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes may govern your participation in competitions ("Gaming Laws") and that Gaming Laws are set up by each individual state, country, territory, or jurisdiction. Therefore, we do not offer cash competitions (as defined below) to users participating in competitions in any state in which such competition violates its gaming laws ("Prohibited Jurisdiction"), and if you are located in any Prohibited Jurisdiction then you may not participate in cash competitions. In the United States, Prohibited Jurisdictions include: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, Tennessee, Virginia, Kentucky, and Pennsylvania. We reserve the right to include additional Prohibited Jurisdictions as determined at our sole discretion.
You are solely responsible for your compliance with all applicable laws. Access to competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. Services and competitions are void where prohibited or restricted by applicable law. Your participation in competitions is at your own risk, and you agree not to hold Fun Comp responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Services. Fun Comp makes no representations or warranties, express or implied, as to the lawfulness of your participation in any competition or use of Services, nor shall any person affiliated, or claiming affiliation, with Fun Comp have authority to make any such representations or warranties. Fun Comp reserve the right (but have no obligation) to monitor the location from which you access the Services, and we may block access from any Prohibited Jurisdiction.
You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, China, Russia, Venezuela, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon, and Iran), or any country upon Fun Comp's sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.
All named and unnamed countries within this contract may have full or partial restrictions of our Services at the time of the most recent draft of our Terms and you agree to not hold Fun Comp or it’s partners liable for any current or future legal restrictions or violations known or unknown by Fun Comp or its partners.
34) Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the State of Florida without regard to its principles of conflicts of law. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use and/or the Services shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the Terms of Use to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Arbitration shall be conducted in Orlando, Florida, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any state or federal court in Orlando, Florida having jurisdiction thereof. You and Fun Comp agree that any action, regardless of form, arising out of or related to the Services and/or these Terms of Use must commence within one (1) year after the cause of action accrues, otherwise such action is permanently barred. Each party shall bear its own costs in the arbitration proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void.
35) Entire Agreement
These Terms of Use, in connection with the Privacy Policy funcomp.com/privacypolicy , constitute the entire agreement between you and Fun Comp and cannot be modified by you. These Terms of Use cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with Fun Comp. Nothing in this subsection will prevent Fun Comp from modifying these Terms of Use.
36) Severability
If any portion of these Terms of Use is deemed void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
37) Force Majeure
We will not be liable in any amount for failure to perform any obligation under these Terms of Use if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
If you do not agree with the terms and conditions of this document, please discontinue using any of Fun Comp, Inc’s services. If there are any questions regarding these Terms and Conditions you may contact us at the following address: fclegalattention@funcomp.com