Funzpoints Sweepstakes

Terms and Conditions of Use following the Rules and Regulations

OFFICIAL RULES AND REGULATIONS

Please note that this Sweepstakes may be presented in conjunction with different offers sponsored or co-sponsored by Woopla Gaming Ltd., its partners, and affiliates, and may be presented in conjunction with offers sponsored by different organizations. Sweepstakes may be presented in different creative presentations by different organizations and under different creative titles but all are subject to the following rules.

VOID IN QUEBEC CANADA, INDIA, PUERTO RICO, SWEDEN, NORWAY, AND BELGIUM.

ANY PERSON WHO IS UNDER THE AGE OF EIGHTEEN (18) OR IS A MINOR IN HIS/HER STATE OF RESIDENCE MUST HAVE PERMISSION OF HIS OR HER PARENT OR LEGAL GUARDIAN TO ENTER THIS SWEEPSTAKES.

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.

1. ELIGIBILITY:

  1. The Jackpot Sweepstakes ("Sweepstakes") is sponsored by Woopla Gaming Ltd. ("Sponsor") and is offered and open only to legal residents of Canada (except Quebec), the United States, its territories and possessions (except Puerto Rico) and other countries and jurisdictions provided that their participation is not prohibited by applicable law, who are at least eighteen (18) years old at the time of participation. Any person who is an employee, officer, or director of Sponsor or is directly connected with the management of the Sweepstakes, the Sweepstakes security systems, or the Sweepstakes computer is not eligible. This Sweepstakes is also void in Quebec Canada , India, Puerto Rico, Sweden, Norway, and Belgium, and any jurisdiction where prohibited by law.
  2. Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to, and acceptance of, these Official Rules including the agreement that all decisions of Sponsor are final and binding in all respects on all entrants. Winning a prize is contingent upon entrant fulfilling all requirements set forth in these Official Rules.

2. PROMOTION PERIOD/SWEEPSTAKES PERIODS:

The Promotion Period ("Promotion Period") for the Sweepstakes begins on August 2, 2017.

3. PARTICIPATION IN SWEEPSTAKES:

A person can participate in the Sweepstakes by visiting the Funzpoints URL (beta.funzpoints.com) for free and playing virtual coins in the Funzpoints games. Each ticket awarded or won is equal to one Sweepstakes entry. This Sweepstakes may be presented in conjunction with different offers sponsored or co-sponsored by Sponsor, its partners, and its affiliates and may be presented in conjunction with offers sponsored by different organizations. Sweepstakes may be presented in different creative presentations by different organizations and under different creative titles.

4. WINNING ENTRY SELECTION/ODDS:

  1. Sponsor will complete a random drawing every seven (7) days with the first draw taking place on August 9, 2017 by selecting one (1) potential prize winner for the Sweepstakes from among all eligible entries received for that drawing. The random drawing will be conducted by, or under the supervision of, the Sponsor.
  2. Odds. The odds of winning this Sweepstakes depend on the number of eligible entries received for the drawing.

5. WINNER NOTIFICATION:

For any drawing, Sponsor or a company acting on its behalf will attempt to notify the potential winner within forty eight (48) hours of the drawing. Notice can be given by email, text, by telephone, in person, by mail or overnight mail, desktop alert, website notification, Facebook message or in such other manner as determined by Sponsor. Notice will be delivered and deemed made in accordance with the contact information or method of contact provided to sponsor when the participant registered for an entry into the Sweepstakes. It is the sole responsibility of each Sweepstakes participant to maintain their contact information or method current. Neither sponsor nor any other person or entity shall have any responsibility or liability for failure to provide notice due to a Sweepstakes participant's failure to maintain their contact information or method of contact current.

6. PRIZE AWARDS:

  1. One (1) weekly prize of one hundred dollars ($100) is available to be won ("Weekly Prize"). Prize payment will be sent by the Sponsor to prize winners via PayPal.
  2. All taxes on prizes, if any, will be the sole responsibility of the winner to pay, and prizes will be reported as required by law, rule or regulation.
  3. No participant will be declared a valid winner until verification and compliance with these Official Rules is properly completed as solely determined by Sponsor, and the participant has received official notification of being declared a winner. If Sponsor, in its sole discretion, determines that an entrant with a winning entry is not a valid winner, the prize will be forfeited. Sponsor reserves the right to select an alternate potential winner and award the prize to the alternate potential winner.

7. GENERAL CONDITIONS:

Participants (and each participant's parent/legal guardian if a participant is a minor) agree (1.) that Sponsor, its affiliated companies, promotion and advertising companies, computer servicing companies and security agencies, and all of their respective employees, officers, directors, agents and representatives (individually and collectively referred to as "Sponsor, affiliates, partners and personnel") are released, will have no liability whatsoever for, and shall be held harmless by winners, entrants, and participants against any liability for any losses, damages, or injuries of any kind (whether due to negligence or otherwise) to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, loss, use or misuse of the prize or participation in this Sweepstakes or any Sweepstakes related or travel related activities, and,(2.) each potential winner and winner (and his/her parent/legal guardian if a winner is a minor) agrees to grants permission to Sponsor and those acting under its authority the right to the use of his/her name, at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet, World Wide Web and other media (except where such usage is legally prohibited), without approval, review or notice.

The use of improper, unfair, or unauthorized methods to access and enter this Sweepstakes is strictly prohibited, including but not limited to the opening and/or use of multiple accounts, the use of altered or unauthorized hardware or software to assist or alter play (including the use of bots, bot nets, collusion with bots and/or use of gaming programs or software), accessing the Funzpoints from foreign or otherwise ineligible location or IP address, using proxy servers, automated technology, or other means to conceal your identity, any circumstance or act that unfairly alters your chance of winning, gives you an unfair advantage, or constitutes the commission of deception or fraud. Entries determined by the Sponsor to be submitted through such means are not valid entries and are not eligible to win a prize and all associated entries and individuals using such methods may be disqualified for winning prizes in the future.

8. LIABILITY LIMITATIONS:

Sponsor, partners, affiliates, and personnel are not responsible for late, lost, incomplete, misdirected, postage due or non-delivered entries, email or mail; or for unavailable or interrupted satellite, server, network, Internet Service Provider (ISP), application, website, telephone or other connections, availability or accessibility, or miscommunications, or failed satellite, computer, cable or telephone transmissions, or lines, or technical or programming error or failure or corrupted, jumbled, delayed, scrambled, or misdirected transmissions or computer software or hardware malfunctions, technical errors or difficulties, or failures, or other errors of any kind whether mechanical, human, electronic or network or the inaccurate or incorrect capture of registration, entry or other information or the failure to capture, or loss of, any information. Persons who tamper with or abuse any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified. Any use of automatic, robotic, programmed, macro, third party or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Sponsor, partners, affiliates, and personnel are not responsible for damage or injury to participants' or to any other person's computer related to, or resulting from, participating in this Sweepstakes or downloading materials from, or use of, the application or website. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by bugs, worms, virus, non-authorized human intervention, technical failures or any other causes which, in the sole opinion of Sponsor, impair or corrupt the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to modify, suspend, or terminate the Sweepstakes, and select any winner from entries received prior to action taken or as otherwise deemed appropriate and fair by Sponsor. Sponsor, partners, affiliates, and personnel are not responsible for any inaccurate or incorrect information, whether caused by application or website users, hacking, tampering, or by any equipment or programming associated with, or utilized in, the Sweepstakes, and assume no responsibility for any error, deletion, defect, interruption, delay in operation, or transmission, communications line failure, destruction or theft, or unauthorized access to, or use to, the application or website. In the event of any irregular entry for a drawing for any reason whatsoever Sponsor, partners, affiliates, and personnel sole liability will be to provide one entry in the next scheduled drawing (or as soon thereafter as practical) and will have no liability if there are no remaining drawings in the Promotion Period. No more than the stated number of prizes in these Official Rules in any prize category will be awarded. In the event that programming, production, technical, digital or any other reasons cause more than the stated number of prizes in any prize category, as set forth in these Official Rules, to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes in that prize category by a random drawing among all eligible, legitimate, unawarded prize claims.

If you enter this Sweepstakes online, you are solely responsible for the security of your user account. You should take every precaution to keep it safe and private to prevent unauthorized use. Neither Sponsor nor any other person or entity will be responsible for any damages, losses, or consequences you may suffer due to unauthorized or careless use of your account.

IN NO EVENT WILL SPONSOR, PARTNERS, AFFILIATES, AND PERSONNEL BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, AND USE OF, THE APPLICATION OR WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT . SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

9. INVALIDITY:

The unenforceability or invalidity of any provision or portion of a provision of these Official Rules shall not affect the enforceability or validity of any other provision or portion of a provision. In the event that any provision or portion of a provision is determined to be invalid or otherwise unenforceable or illegal, the balance of these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision or portion of a provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision or portion of a provision hereof. These Official Rules cannot be amended or modified in any way except in writing by a duly authorized representative of Sponsor.

10. FORCE MAJEURE:

In the event of flood, fire, earthquake, accident, epidemic, explosion, or other act of God, act of public enemy; act of government, including any governmental order, regulation or order of any court of competent jurisdiction; strike, lockout or other labour dispute; civil or riot commotion; war (whether declared or undeclared) or armed conflict; acts of terrorism; enactment of, rule, or order or act of government or governmental instrumentality (whether federal, provincial, provincial, state or local); or other cause of similar or different nature beyond Sponsor's control (all of which events are referred to herein as "force majeure events"), Sponsor shall have the right to terminate this Sweepstakes drawing without further obligations, if any, hereunder, or at Sponsor's sole option, to suspend the Sweepstakes drawing for a period equal to the duration and the effect of the duration of any such force majeure event.

11. LANGUAGES:

In the event that these Rules and Regulations, or any promotion, advertising, or other printed, written, or graphic material, including but not limited to such materials appearing on the World Wide Web are presented in a language other than English and there is a discrepancy, inconsistency or interpretation issue between the English language version and the other language version of these Official Rules or of any materials, the English version shall prevail, control and govern. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, control and govern.

12. ARBITRATION DISPUTE RESOLUTION/CHOICE OF LAW:

Except where prohibited, entrants agree that: (1.) any and all claims, disputes, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively through final and binding arbitration, and (2.) any and all claims, awards and judgements shall be limited to actual out-of-pocket costs incurred, including costs directly associated with entering this Sweepstakes but in no event attorneys' fees; and (3.) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased and for any other damages other than for actual out-of-pocket expenses.

13. RESERVATION OF RIGHT TO MODIFY:

Sponsor reserves the right to modify, alter, suspend or terminate the Promotion if any federal, provincial or state law, rule or regulation, or any judicial decision or Attorney General Opinion, or any change in any current enforcement policy affects the legality of the Promotion, in whole or in part.

14. WINNERS LIST AND RULES:

For the name(s) of the winner(s), print your name and complete address on a self-addressed first class stamped envelope and mail to: Funzpoints Winners List, 58 Glenda Crescent, Sydney, NS B1S 2M5. For a copy of these Official Rules print your name and complete address on a self-addressed first class stamped envelope and mail to: Woopla Gaming, 58 Glenda Crescent, Sydney, NS B1S 2M5.

15. SPONSOR:

Woopla Gaming Ltd. 58 Glenda Crescent, Sydney, Nova Scotia B1S 2M5.

TERMS AND CONDITIONS OF USE

1. ACCEPTANCE OF TERMS

Welcome to Funzpoints. The phrase "Funzpoints" refers to the Funzpoints App ("App"), website beta.funzpoints.com ("Website"), any Funzpoints software application that is installed anywhere on your mobile device or computer system, and a system of portals, online applications, and social media applications employed to enhance your Internet experience. This page, together with the documents referred to herein, tells you the Terms and Conditions of Use ("Terms of Use") on which you may use Funzpoints. Please read these Terms of Use carefully before using Funzpoints. These terms may have changed since your last visit. If you do not agree to the Terms of Use please refrain from using Funzpoints.

2. SCOPE OF SERVICE

Funzpoints players shall be referred to in the singular as "User" or "you" and in the plural as "Users". You must be 18 years of age or older to play Funzpoints. You are responsible for obtaining any mobile device or computer and Internet service necessary to access Funzpoints and for paying any fees for the service and equipment you select. You are responsible for ensuring that all persons who access Funzpoints through your mobile device or computer are aware of all these Terms and Conditions of Use, and comply with them.

3. INFORMATION ABOUT FUNZPOINTS

Funzpoints is owned and operated by Woopla Gaming Ltd. 58 Glenda Crescent, Sydney, NS B1S 2M5.

4. ACCESSING FUNZPOINTS

Accessing Funzpoints is permitted on a temporary basis, and Funzpoints reserves the right, at its sole discretion, to change or withdraw Funzpoints without notice. Funzpoints will not be liable if Funzpoints is unavailable for any reason and at any time.

  1. From time to time, Funzpoints may restrict access to all or some parts of Funzpoints to Users.
  2. If Funzpoints suspects any fraudulent behaviour, Funzpoints reserves the right to suspend or terminate any or all of your accounts and suspend or terminate any or all of your accounts ability to win some or all of the prizes, and withhold or revoke the awarding of any prizes. A verified email account is required for cash prize redemption. One email account per user. Multiple users may not share the same email account.
  3. You may establish only one Funzpoints account per person. In the event Funzpoints discovers that you have opened more than one account per person, in addition to any other rights that Funzpoints may have, Funzpoints reserves the right to suspend or terminate any or all of your accounts and suspend or terminate any or all of your accounts ability to win some or all of the prizes, and withhold or revoke the awarding of any prizes.
  4. You may not use multiple devices to access Funzpoints simultaneously. In the event Funzpoints discovers that you are accessing Funzpoints on multiple devices simultaneously, in addition to any other rights that Funzpoints may have, Funzpoints reserves the right to suspend or terminate any or all of your accounts and suspend or terminate any or all of your accounts ability to win some or all of the prizes, and withhold or revoke the awarding of any prizes.
  5. Use of Funzpoints may not be legal to use in certain countries. The fact that Funzpoints is accessible in a country, or appears in the official language of any such country shall not be construed as a representation or warranty with respect to the legality of you to use Funzpoints in that country.
  6. When using Funzpoints, you must comply with the provisions of acceptable conduct as set out in these Terms of Use.

5. FUNZPOINTS CONTENT

Users have a personal, non-exclusive, non-transferable, right to use and access the Content of Funzpoints subject to these Terms of Use. The term "Content" means all information, images, text, links, data, software, or other material accessible through Funzpoints, whether created by Funzpoints or provided by another person for display on Funzpoints. At times, Funzpoints may act as an intermediary between customers and other companies who provide advertising and other content to enhance the user experience. Funzpoints may direct customers to websites that promote or sell products and services. Funzpoints is not responsible for any issues related to those products and services including but not limited to billing, payments, shipping, the quality of the product or service, or any misrepresentation of the product or service. The Content may contain typographical errors, other inadvertent errors, or inaccuracies. Funzpoints reserves the right to make changes to document names and content, specifications or descriptions of products and services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on Funzpoints, subject to the following conditions:

  1. The Content may be used solely for your own informational purposes. No part of Funzpoints or its Content may be transmitted or reproduced in any form, by any means, mechanical or electronic, including photocopying and recording for any other purpose;
  2. The Content may not be modified; and
  3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on Funzpoints should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Funzpoints or any Content displayed on Funzpoints, through the use of framing or otherwise, except: (1) as expressly permitted by these Terms of Use; or (2) with Funzpoints' prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on Funzpoints.

6. OFFERS AND SERVICES DESCRIPTIONS

Any products, service, discount prices, promotions, coupons and bonuses that are displayed on Funzpoints by third party companies ("Offer" or "Offers") for the benefit of Users are available for a designated period of time. Funzpoints cannot verify all information provided by third party companies and errors in reporting, gathering, and displaying such information may occur. Funzpoints Users understand and agree that Funzpoints shall not be liable related to availability or accuracy of any Offers. Any prices listed on Offers are the responsibility of the advertiser and may represent a comparative price estimate and may or may not represent the prevailing price in every geographic area on any particular day. Please note that taxes and other charges may be applicable and applied by the relevant gaming company in connection with any Offer and Funzpoints refers you to their Terms and Conditions.

7. INDEMNIFICATION

BY USING FUNZPOINTS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FUNZPOINTS, ITS PARENT COMPANY, AFFILIATES, AND SUBSIDIARY COMPANIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, SUPPLIERS, ADVERTISERS, PROMOTERS, GAMING COMPANY PARTNERS, AND THEIR AGENTS, EMPLOYEES, OFFICERS, AND DIRECTORS FROM ANY AND ALL THIRD PARTY CLAIMS, DAMAGES, LIABILITY AND COSTS (INCLUDING, BUT NOT LIMITED TO, LAWYERS' FEES AND ALL COSTS AND EXPENSES FUNZPOINTS MAY INCUR IN THE DEFENCE OF SUCH CLAIMS (INCLUDING ANY VAT THEREON)) ARISING FROM YOUR BREACH OF THESE TERMS OF USE OR PRIVACY POLICIES, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

8. INFORMATION ABOUT YOU AND YOUR USE OF FUNZPOINTS

Funzpoints processes information about you in accordance with Funzpoints' privacy policy. By using Funzpoints you consent to such processing.

If you choose to provide information by becoming a Funzpoints player or by participating in an Offer, event, promotion or service offered by Funzpoints, you agree that you will provide complete, accurate, and up-to-date information.

9. PROHIBITED CONDUCT

By accessing Funzpoints, you agree to abide by the following standards of conduct. You may only use Funzpoints for lawful purposes. You agree that you will not, and will not authorize or facilitate any attempt by another person to use Funzpoints:

  1. To transmit any Content that is harmful, unlawful, abusive, threatening, defamatory, harassing, lewd, vulgar, offensive, obscene, pornographic, lascivious, or otherwise objectionable, as determined by Funzpoints.
  2. To knowingly receive, send, upload, download use or reuse material that does not comply with Funzpoints' content standards as set out in these Terms of Use or use a name or language that Funzpoints, in its sole discretion, deems offensive.
  3. To procure or transmit the sending of any unauthorized or unsolicited promotional material or advertising or any other forms of similar solicitation (spam) or unlawfully promote offers or services.
  4. To solicit, promote, or participate in any multi-level marketing or pyramid schemes.
  5. To harm or exploit or attempt to harm children less than 18 years of age in any way.
  6. Introduce any data, upload or send any material that contains worms, viruses, Trojan horses, time-bombs, keystroke loggers, adware, spyware, or other harmful programs or similar code designed to adversely affect the operation of any computer hardware or software. To obtain unauthorized access to any computer system through Funzpoints.
  7. To invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without his or her consent (or a parent's consent in the case of a child under 18 years of age).
  8. To solicit personal information from children under 18 years of age.
  9. In any way that breaches any applicable local, or international law or regulation.
  10. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  11. To reproduce, duplicate, copy or resell any part of Funzpoints in contravention of these Terms of Use.
  12. To encourage conduct that would constitute a civil or criminal offense.

You also agree not to access without authority, interfere with, damage or disrupt:

  1. any part of Funzpoints;
  2. any software used in the provision of Funzpoints;
  3. any network or equipment on which Funzpoints is stored; or
  4. any network or equipment or software owned or used by any third party.

10. CHILDREN

Funzpoints is intended to an adult audience only and is not in any way targeted at children under age 18. Funzpoints does not knowingly solicit market to, solicit or collect information from any person under the age of 18.

11. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, all Content contained on Funzpoints is the property of Funzpoints or its parent company, licensors or affiliates, and is protected from unauthorized copying and dissemination by copyright laws, trademark laws, international conventions and treaties, and other intellectual property laws. All such rights are reserved. Offer names are trademarks or registered trademarks of their respective owners.

Funzpoints does not claim ownership of Content submitted by Users but Users understand and agree that such Content may be made publicly accessible through Funzpoints. By submitting such Content, you agree to grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to distribute, use, reproduce, adapt, modify, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until Funzpoints deletes the Content from its systems.

12. SECURITY

When you register to participate in an online photo, video, or discussion forum, promotion, or other service promoted on Funzpoints, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use (including but not limited to preventing use by persons under the age of 18), and you are responsible for all activity that occurs on your account. You agree to notify Funzpoints immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. Funzpoints is not responsible for damages or losses caused by your failure to safeguard your login and/or password.

13. VIRUSES, HACKING AND OTHER OFFENCES

You agree to not misuse Funzpoints by knowingly introducing worms, viruses, trojans, logic bombs or other material which is technologically harmful or malicious. You agree to not attempt to gain unauthorized access to Funzpoints, the server on which Funzpoints is stored or any computer, server, or database connected to Funzpoints. You agree to not attack Funzpoints via a denial-of-service attack or a distributed denial of service attack. Funzpoints will not be liable for any damage or loss caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer software, hardware, equipment, mobile device, computer programs, data or other proprietary material due to your use of Funzpoints or to your downloading of any material posted on or linked to Funzpoints.

14. LIMITATION OF LIABILITY

The material and Offers displayed Funzpoints is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Funzpoints, its parent company, affiliates, and subsidiary companies and third parties connected to Funzpoints hereby expressly exclude:

  1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  2. Any liability for any direct, indirect or consequential damage or loss incurred by any User in connection with Funzpoints or in connection with the use, inability to use, or results of the use of Funzpoints, any mobile applications or websites linked to it and any materials posted on it, including:
    1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
    2. Any liability for any direct, indirect or consequential damage or loss incurred by any User in connection with Funzpoints or in connection with the use, inability to use, or results of the use of Funzpoints, and any Offers or materials posted on Funzpoints, including:
      1. loss of income or revenue;
      2. loss of profits or contracts;
      3. loss of data;
      4. loss of anticipated savings;
      5. loss of business;
      6. loss of goodwill;
      7. wasted management or office time; and
      8. whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for damage to or loss of your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect Funzpoints' liability for death or personal injury arising from Funzpoints' negligence, nor Funzpoints' liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

15. LINKS TO THIRD-PARTY WEBSITES AND MOBILE APPLICATIONS

Funzpoints may contain links to third party websites and mobile applications that are provided to you as a convenience. Any third party website or mobile application accessed from Funzpoints is independent from Funzpoints, and Funzpoints has no control over the content of such third party websites or mobile applications. Funzpoints is not responsible for the content of any linked third party website or mobile application or for any loss or damage incurred in connection with your use of such third party websites or mobile applications or dealings with the operators of such third party websites or mobile applications.

16. LINKING TO FUNZPOINTS

You may link to Funzpoints, provided that you do so in a way that is legal and fair and does not damage Funzpoints' reputation or that of Funzpoints advertisers or Funzpoints' partners or take advantage of such reputations, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Funzpoints' part (or that of the advertisers) where none exists. You must not establish a link from any website of mobile application that is not owned by you. Funzpoints may not be framed on any other website or mobile application, nor may you create a link to any part of Funzpoints other than the home page. Funzpoints reserve the right to withdraw linking permission without notice. The website or mobile application from which you are linking must comply in all respects with the content standards set out in these Terms of Use and other application laws. If you wish to make use of any Funzpoints material other than as set out above please contact us at Woopla Gaming Ltd. 58 Glenda Cres, Sydney, NS B1S 2M5.

17. NO IMPLIED ENDORSEMENTS

In no event shall any reference to any Offer be construed as an approval or endorsement by Funzpoints of that third party or of any offer provided by a third party. Likewise, a link to any third party website or mobile application does not imply that Funzpoints endorses or accept any responsibility for the content or use of such a website or mobile application. Funzpoints does not endorse, warrant, or guarantee any Offer through Funzpoints and will not be a party to or in any way monitor any transaction involving any third-party providers of Offers. As with the purchase of an Offer through any medium or in any environment, you are responsible for exercising appropriate caution and judgement.

18. TERMINATION

Funzpoints may terminate any User's access to Funzpoints, including access to any online photo, video, in its sole discretion, at any time and for any reason, with or without prior notice. It is Funzpoints' policy to terminate Users who violate these Terms and Conditions Of Use as deemed appropriate in Funzpoints' sole discretion. Funzpoints also reserves the right to terminate accounts with offensive names or profile images. You agree that Funzpoints is not liable to you or any third party for any termination of your access to Funzpoints.

19. SEVERABILITY

If for any reason any provision of the Terms of Use or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of Terms of Use will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms of Use which shall continue in full force and effect.

20. VARIATIONS

Funzpoints may from time-to-time revise these Terms of Use by amending this page. You are expected to check this page from time-to-time and take notice of any changes Funzpoints made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere in Funzpoints.

21. ENTIRE AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THESE TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND FUNZPOINTS, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE WITH THE UNDERSTANDING THAT FUNZPOINTS MAY, AT ITS SOLE DISCRETION AND WITHOUT NOTICE, REVISE THESE TERMS AT ANY TIME BY UPDATING THIS PAGE.

22. FOR ADDITIONAL INFORMATION

If you have any questions about these Terms of Use, please contact us at hello@wooplagaming.com.