Terms Of Service
Revised: March 04, 2022
1. Description of Service
These Terms of Services (“Terms of Service”) are applicable to all users of the online media services located under thefunkhunters.tv and related mobile, desktop, and other media applications (individually and collectively the “Services”). These Terms govern your use of the Services as provided by Funk on Demand (“FOD”).
2. Acceptance and Changes to Terms
FOD shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.
3. Access to Services
Users accessing the Services must be at least thirteen (13) years of age. Users registering for the Services must be at least eighteen (18) years of age or have a parent/guardian acknowledge these Terms of Service on their behalf. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services, you are solely responsible for compliance with the laws and regulations of your jurisdiction, and FOD makes no claims or representations that its Services are lawful in any specific location.
4. Your Conduct
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Services. You will not:
- Use or attempt to use another user’s account without authorization from that user and FOD;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
- Develop or use any third-party applications that interact with the Services without our prior written consent, including any scripts designed to scrape or extract data from the Services;
- Download any media presented as a part of the Services for storage or use at a later time, or otherwise scraping or harvesting media or data;
- Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation;
- Post anything that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person's privacy; or that is obscene, hateful, or racially, ethnically or otherwise objectionable;
- Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that FOD considers to be of such nature;
- Interfere or engage in malicious or disruptive conduct that impedes or interferes with other users' normal use of or enjoyment of the Services;
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms, or otherwise use the Services in a manner that is not in compliance with applicable law.
5. User Information
6. Username /Password/ Security
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content. You agree to immediately notify FOD of any unauthorized use of your username and password.
7. Use of Services
FOD grants you a revocable, limited, non-exclusive, non-sub licensable, limited license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on FOD’s website and applications. We offer subscription enrollment to support the platform and continued creative development. Although a subscription may be required to use the indices and other functionality of the Services, most media is available to view without the payment of fees. For more information, contact FOD@techfunded.com.
FOD makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth. The digital content available may change from time to time at the sole discretion of FOD. FOD makes no guarantee as to the availability of specific media or groups of media.
While FOD will operate the Services consistent with industry standards, FOD does not guarantee, represent, or warrant that your access to the Services will be uninterrupted or error-free. FOD does not guarantee that the Services will be free from loss, corruption, attack, viruses, “worms”, “trojan horses” or other harmful components, or from interference, hacking or other security intrusions. FOD may change, suspend or discontinue the Services at any time. FOD may also impose limits on the use of or access to certain features or portions of the Services, in any case without notice or liability. We reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Services. We are not responsible for any loss or harm related to your inability to access or use the Services.
8. Payments & Billing
If you agree to pay a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable. By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update and change this information at any time by logging into your video library and clicking the settings tab under the username. Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or when FOD terminates the subscription. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
9. Communications and Social Networking
By using the Services, you consent to receive electronic communications from FOD and related third parties. These communications may include emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
If you send or submit creative ideas, inventions, or suggestions, all such submission shall be the property of FOD in whole or in part. FOD shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party. No part of the submissions shall be subject to any obligation of confidence and FOD shall not be liable for any use or disclosure.
You may have the option to use Twitter, Facebook or other social networking sites through the Services to share links and content. You may undertake this option as your sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking sites.
10. Intellectual Property and Infringement Reporting
The Services include media which are the sole and exclusive property of The Funk Hunters and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. You may not sell or modify this media or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
We operate the following complaint process for complaints that any media or posts infringe another's intellectual property rights.
FOD will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below.
If you believe that any materials accessible through the Services constitute copyright infringement, please notify FOD by providing our designated copyright agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FOD to locate the material.
- Information reasonably sufficient to permit FOD to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice, and any such submission may result in liabilities, including perjury.
FOD will only respond to DMCA Notices that it receives by mail or e-mail at the addresses below:
Funk on Demand c/o AMPA
4400 NE 77th Ave, Suite 275
Vancouver, WA 98662
Attention: DCMA Notices
By E-Mail: firstname.lastname@example.org
It is often difficult to determine if your copyright has been infringed. FOD may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and FOD may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FOD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY CONTENT POSTED BY YOU OR OTHER COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. FOD SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. FOD RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
12. Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FOD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FOD DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, FOD IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA. FOD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR THE CONTENT ACCESSED THROUGH THE SERVICES. THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, FOD DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON FOD’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT. FOD TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION USERS UPLOAD TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS FOD RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND FOD’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION. FOD IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
13. Limitation of Liability
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER FOD NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS FOD TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF FOD OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOD’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
14. Dispute Resolution
This Agreement and use of the Services are governed by and are to be construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein.
By subscribing or otherwise accessing the Services, you waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Service, the Services, or the related media or other content, resolved in court.
Instead, for any dispute that you have you agree to first contact FOD and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to FOD by email at email@example.com or by certified mail addressed to: Funk on Demand c/o AMPA, 4400 NE 77th Ave, Suite 275, Vancouver, WA 9866, Attention: Legal. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought.
If the parties cannot reach an agreement to resolve the claim within 30 days after such Notice is received, the parties agree to seek to resolve the dispute or controversy through mediation with Canadian Arbitration Association before pursuing any other proceedings. Any party to the dispute may then serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the parties or, if the parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held in Vancouver, BC, Canada. The parties agree to attempt to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the parties. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.
Subject to the mediation provisions set out above, if any dispute or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement, the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Vancouver, BC, Canada. The arbitration shall proceed in accordance with the provisions of the British Columbia’s Arbitration Act, S.B.C 2020. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The costs of the arbitrator shall be divided equally between the parties.
The \ arbitrators, FOD, and you will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
FOD reserves the right to amend this Section at any time. Your continued use of the Services is affirmation of your consent to such changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE A SUBSCRIPTION, USE, OR ATTEMPT TO USE THE SERVICES (WHICHEVER COMES FIRST) BY WRITING TO US AT FUNK ON DEMAND c/o AMPA, 4400 NE 77TH AVE, SUITE 275, VANCOUVER, WA 98662. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE WITHIN SAID 30 DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH THE DISPUTE RESOLUTION PROCESS SET FORTH IN THIS AGREEMENT.