Terms of Service
Frequency Sound Generator is an App developed by FUNNY APPS.
By using the services provided by FUNNY APPS please read these Terms of Use ("Terms") carefully. By downloading, accessing or using the mobile applications, websites or other products or services (collectively, the "Services") of FUNNY APPS you agree to the following terms and conditions, and that you have read and fully understood the Terms of Service in this agreement in its entirety.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR APPLICATIONS (THE “SERVICE”), DOWNLOADING THE FUNNY APPS SOFTWARE APPLICATIONS FOR MOBILE DEVICES (EACH, AN “APPLICATION”, AND COLLECTIVELY, THE “APPLICATIONS”), COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FUNNY APPS, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICE.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT FUNNY APPSS THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 7 BELOW.
THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY FUNNY APPS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, FUNNY APPS will make a new copy of the Terms of Service available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Website or Service and for any other users who expressly agree to them. Otherwise, such changes will be effective thirty (30) days after posting of notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have a registered account on the Website (each, a “Registered User”) upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. FUNNY APPS may require you to agree to the updated Agreement in a manner specified before further use of the Website or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Service. Otherwise, your continued use of the Website and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.
1.Registration And Eligibility
FUNNY APPS reserves the right to refuse or reject access to any or all of its Site, Content or Services to any person or entity for any reason at any time. Access to, registration for, use of and participation and in the Services are void where prohibited. Certain areas or the Site or Services require you to register with FUNNY APPS as a member and create a unique, password-protected account (your "Account"). By registering, clicking "I Agree" or otherwise using or participating in the Services, you represent to FUNNY APPS that you:
(i) are at least 4 years of age
(ii) have the right, authority and capacity to enter into these Terms of Use
(iii) provide truthful and accurate information
(iv) will actively maintain and update all Account information so that it remains accurate
(v) have not violated, and will not violate, any laws or regulations during your use of the Site, Content or Service
(vi) agree to be legally bound by these Terms of Use
• IF YOU DO NOT ACCEPT ALL THE TERMS OF SERVICE FOR FUNNY APPS IMMEDIATELY DISCONTINUE USE OF THIS APP. BY CONTINUING TO USE THIS APP, YOU AGREE TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT.
2.Copyright Infringement
We respect the intellectual property of others, and we ask our users to do the same. You will not use the Site, Content or Services for any purpose or in any manner that infringes the copyrights of any third party, nor will You upload, email, post, publish, distribute, transmit, submit or otherwise make available through the Site, Content or Services any content, that infringes the copyrighted works or violates the intellectual property rights of any third party. We may, in appropriate circumstances, and at our discretion, terminate the Accounts of users who infringe the intellectual property rights of others. Please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
(ii) a description of the copyrighted work that you claim has been infringed
(iii) a description of where the material that you claim is infringing is located on the site
(iv) your address, telephone number, and email address
(v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
(vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
3.Privacy and Personal Information
• You acknowledge that you have read and agree to all of the terms and conditions of FUNNY APPS’s Privacy Policy, which is located at: http://funnyapps.mobi/privacy_policy.html, and that you agree to the incorporation of the Privacy Policy into these Terms of Use.
4.Content
a. Definition
For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, GIFs, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
b. User Content
All Content added, uploaded, submitted, distributed, posted to, or created using the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Without limiting the generality of the foregoing, you represent that any User Content you create using tools accessible on the Services does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations. Your acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
c. Notices and Restrictions
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
d. Use License
Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right or these Terms of Service.
e. License Grant
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds and via our API), and including after termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after termination your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
f. Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, remove, edit, modify, or block from the Services any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the final sentence of the immediately foregoing paragraph), or for no reason at all.
5. Change of Terms
• This Terms of Service is subject to change at any time. Notices of any changes will be considered given and effective on the date posted on our app. The changes made will become effective the date they are posted. No further notice by FUNNY APPS is required upon your continued use of our app or software.
6. Force Majeure
In addition to applicable disclaimers stated above, Our performance under these Terms of Use shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
7. Unlimited Access To All Features
• Unlimited full access pack priced at $19.99 for one year subscription, $5.99 for one week subscription.
• This price is for United States customers. Pricing in other countries may vary and actual charges may be converted to your local currency depending on the country of residence.
• Payment will be charged to iTunes Account for iOS or Google Play account for Android at confirmation of purchase.
• Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
• Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify $14.99 every year or $0.99 every month.
• You can manage your subscription and switch off the auto-renewal by accessing your Account Settings after purchase.
• You cannot cancel the current subscription during the active subscription period.