TERMS OF SERVICE

1. Description of Service

These Terms of Services are applicable to all users of an online media services and content distribution Services and community providing Services through its website video streaming Services located under (https://funkytownlive.uscreen.io/) and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the FUNKYTOWN FITNESS Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by FUNKYTOWN FITNESS (the “Company”).

2. Acceptance of Terms

The Company 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. Changes to Terms

4. Access and Use of Service

Users accessing the Services must be at least thirteen (13) years of age. Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. 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.

5. Your Conduct

The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company. You are prohibited from violating or attempting to violate the security of the Services, including, without limitation:

(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing",
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting,
(e) scraping or harvesting data or
(f) the use of robots to skew payouts.

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

6. User Information

You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorization to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations. If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date. Your privacy rights are set forth in our Privacy Policy located at <link to Privacy Policy>. Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.

7. 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 the Company of any unauthorized use of your username and password.

8. Use of Services

The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials. Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs. The Company grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications. If you elect to access any component of the Services for which there is 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.

9. Access to Services – Subscriptions & Purchases

The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Company grants you a non-exclusive, non-transferable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you. The Company 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.

10. Payments & Billing

The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan. 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 or 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 we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

11. User Comments and Suggestions

While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions. If, despite our request, users send creative ideas, inventions, or suggestions, all such submissions shall be the property of the Company in whole or in part. The Company 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 the Company shall not be liable for any use or disclosure.

12. Intellectual Property

FUNKYTOWN FITNESS and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is prohibited. The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources, and graphics) is the sole and exclusive property of the Company and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. You agree that FUNKYTOWN FITNESS owns and retains all rights to the Services and that its content is solely owned and controlled by the content provider and all such materials are protected and copyrighted, trademarked, and 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 the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.

13. Social Networking

Users may have the option to share links and content on social networking services such as Twitter, Facebook, or other platforms through the Services. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking services.

14. Use of Software

If the Services require or include downloadable software such as an app, or use of software provided by the Company for Publishers, the Company grants a personal, limited, non-exclusive and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through https://funkytownlive.uscreen.io/. Users shall not modify, alter, create derivative works of, reverse engineer, reverse compile, or disassemble the Software. Users may not rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Software to any third party. Users may not remove, alter, or obscure any proprietary notices or labels on the Software. Users may not use the Software for any purpose other than the intended purposes provided by the Company. The Company retains ownership of all Software and all portions thereof.

15. Digital Millennium Copyright Act

If you are a copyright owner or agent thereof and believe any content on the Services infringes upon your copyrights, you may submit a notification in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing Company’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company’s designated Copyright Agent to receive notifications of claimed infringement is: FUNKYTOWN FITNESS Legal

[Include the mailing address, email address, phone number here]

16. General Disclaimers

The Services are provided on an "as is" and "as available" basis without any warranties of any kind. To the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components. The Company does not make any representations or warranties regarding the use or the results of the use of any content on the Services in terms of its correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

17. Limitation of Liability

To the fullest extent permissible under applicable law, the Company, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, including, but not limited to, loss of data, loss of income, or loss of profit, regardless of the form of action, whether in contract, tort, or otherwise, even if the Company has been advised of the possibility of such damages. In no event shall the aggregate liability of the Company exceed the amount, if any, paid by you to the Company for the specific services from which the claim arises.

18. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services.

19. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the state in which the Company is headquartered, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms of Service or your use of the Services shall be brought exclusively in a court of competent jurisdiction located in the state in which the Company is headquartered.

20. Miscellaneous

These Terms of Service constitute the entire agreement between you and the Company regarding the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and the Company. If any provision of these Terms of Service is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms of Service shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.