These terms of Use are for the users (“You”) who would like to use HSBM SYSTEMS,INC ( FICTITIOUS BUSINESS NAME STATEMENT : Fun-UP). products or services and the affiliated sites or services, included but not limited to the related mobile applications and all the other services offered by HSBM SYSTEMS,INC.. (Collectively “FunUP”, “Company”, “we” or “us”)
By signing up to be a member of our business, you will become bound by these terms and agree that there will be mandatory arbitration of dispute between us, instead of class action or lawsuit trials.
FUN UP will reserve a right to deny a service to whom not abide by these terms of use, and/or to delete or suspend their membership accounts.
Membership Account
In order to use certain features of the services, such as, selling or purchasing products and services, you must sign up for a membership account with FUN UP and provide certain information about yourself as prompted by the service site. Your membership starts immediately after your signing up for or converting from a membership to another level membership. You represent and warrant that all required registration information you submit is truthful and accurate, you will maintain the accuracy of such information and your use of FUN UP does not violate any applicable law or regulation of the United States of America and your country, or these terms of use. You are responsible for maintaining the confidentiality of your country, or these terms of use. You are responsible for maintaining the confidentiality of your FUN UP Account login information. You are fully responsible for all activities that are associated with your FUN UP Account (including but not limited to any sales or purchases, use of the Web sites, either desktop or mobile, or communication between you and us). You agree to immediately notify FUN UP of any unauthorized use or suspected unauthorized use of your FUN UP Account or any other breach of security.
A. Retail Free Membership
B. Business (Affiliate) Membership
Sales & Purchase
All the information, pricing, and availability of Products or Services listed on the web sites, either on-line or mobile, are subject to change. Because our services are over the Internet, nationwide and internationally, there could be some restrictions and limits for a certain products or services by the particular time or in particular location, and we make no promises about the reliability or accuracy of any such information.
Your receipt of an order confirmation from us does not signify the acceptance of your order, nor does it constitute confirmation of the offer to sell. We reserve the right, without prior notification, at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. Verification of personal information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Your account may also be restricted or terminated for any reason, at our sole discretion.All the transaction in FUN UP is based on the M-Point or US dollar. Please refer related instructions for the details.
Mobile Applications
If you use a mobile device to access pages of FUN UP optimized for mobile-viewing, opt in to receive SMS (text messages) from FUN UP, or use a mobile application, the following additional terms also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use. By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from a vendor in FUN UP. By agreeing to receive SMS messages from FUN UP, you certify that you are over 18 years of age and you are the mobile account holder or you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings related to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products. Pursuant to California Civil Code Section 1789.3, FUN UP provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Special Offers and Compensations
FUN UP may from time to time and in its sole discretion make available special offers and promotions to its members, including but not limited to Special Discount Events, FUN UP Compensations. Any such offers and promotions will be posted on the sites or notified in appropriate manners. We reserve the right at any time with our discretion, and with prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions.
Fraudulent, Illegal, or Inappropriate Conduct
FUN UP reserves the right to suspend or terminate the membership account of any user who is engaged in fraudulent, illegal, or inappropriate conduct in relation to any of FUN UP business. You agree to forfeit any M-Points, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. We reserve the right to void any such M-Points, prizes, or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by FUN UP. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If FUN UP terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law.
Intellectual Property of FUN UP
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF FUN UP IS PROHIBITED.
FUN UP grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided by the FUN UP. This license does not include any commercial use or modification or reverse engineering of the FUN UP features or contents. We may terminate this license at any time for any reason. you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of FUN UP without our prior written consent.
We reserve the right, at any time, to modify, suspend, or discontinue the sites or any part thereof with or without notice.
You acknowledge that all intellectual property rights in the FUN UP, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets (excluding any User-generated Content) are owned by FUN UP.
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. By submitting your User Content or using it with FUN UP, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in FUN UP, our social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
FUN UP has the right to refuse, remove or delete any User Content and/or to terminate any user’s access to the Sites if we determine, in our sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. FUN UP takes no responsibility for User Content.
Outages
FUN UP periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that FUN UP has no responsibility and is not liable for the unavailability of any of the Sites, any loss of data, information or materials caused by such system outages, the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages, or any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
Termination
These Terms of use will remain in full force and effect while you are a member and in use of FUN UP. We may suspend your rights to be a FUN UP business affiliate or terminate your account, at any time for any reason at our sole discretion, including for any use of FUN UP in violation of these terms of use or if we believe you are younger than 18 (or any age defined as minor, not eligible to any commercial activity, in the country he/she resides). Upon the decision, your account and right to access to FUN UP will terminate immediately. You understand that any termination of your membership may involve deletion of any User Content you may have posted. We will not have any liability whatsoever to you for any termination decision, including for termination of your FUN UP membership or deletion of your User Content.
Communications with FUN UP
For all communications made to or with FUN UP, including but not limited to feedback, questions, comments, suggestions and the like, you will have no right to confidentiality in your communications and we will have no obligation to protect your communications from disclosure, we will be free to reproduce, use, disclose and distribute your communications to others without limitation and we will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Governing Law
These terms of Use shall be governed by the Federal Arbitration Act of the United States of America, applicable federal law, and the laws of the state of California, without regard to the conflicts of laws & rules of the state or country in which you reside.
Arbitration
You agree that any dispute or claim relating in any way to your FUN UP experience will be resolved by binding arbitration, in California, rather than in court, except that you may assert claims in small claims court if your claims qualify. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this term. You agree that the Federal Arbitration Act of the United States of America and federal arbitration law apply to this agreement.
For all disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to FUN UP, E-mail to: FUN UPnsinc@gmail.com. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. The dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us.
Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of FUN UP. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of these Terms of Use is deemed to be illegal or unenforceable, the remainder of these Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without FUN UP’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. These Terms of Use shall be binding upon assignees. You agree that all correspondence relating to these Terms of Use must be written in the English language. All the documents and descriptions, related to the Company, should be in English and shall be effective.
Contact Us
Please contact us with any questions you have. We are here to serve you. We guarantee your satisfaction.
By Email: support@funupcoupon.com
Thank you for your business.