Terms of Service

Terms of Service
Fundamental Design Lab & the fun.app network
Effective Date: July 17, 2025

1. Acceptance of Terms
By accessing, browsing, or using any part of the services provided by Fundamental Design Lab & the fun.app network (“we,” “our,” or “us”), including our websites, web applications, downloadable applications, mobile applications, and other online products and services (collectively, the “Services”), you agree to be legally bound by these Terms of Service (together with our [Privacy Policy], [DMCA Policy], [Content Standards], and any other documents expressly incorporated by reference herein, collectively, these “Terms”). This includes access without an account or while logged out. If you do not agree to these Terms, you must not access or use our Services.

We may revise and update these Terms at any time in our sole discretion and without notice. We will post the revised Terms and update the Effective Date above. All changes are effective immediately when posted and apply to all access and use of our Services thereafter. Your continued use of the Services after the Effective Date of the revised Terms constitutes your acceptance of the changes. You are expected to check this page frequently to stay aware of any changes, as they are binding on you.

Certain Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms, which are incorporated into these Terms by reference.

2. Eligibility
You must be at least 18 years old or the legal age of majority in your jurisdiction to use our Services. By using the Services, you represent and warrant that you:

Are of legal age to form a binding contract with us;
Are not barred from using our Services under applicable laws;
Have not been permanently suspended or removed from our Services.
If you are accepting these Terms on behalf of another legal entity, you represent that you have full legal authority to bind such entity to these Terms.

3.User Conduct and Prohibited Uses

User Responsibilities

You agree to comply with:

All applicable U.S. federal, state (including Delaware), and local laws, as well as laws in your jurisdiction.

Our platform rules and [Content Standards].

Prohibited Actions

You may not use the Services to:

Post illegal, exploitative, violent, or non-consensual content, including child sexual abuse material (CSAM).

Incite imminent lawless action, unlawfully threaten, harass, dox, impersonate, or deceive others.

Disrupt platform operations, misuse monetization, or defraud users.

Share obscene, sexually explicit, or pornographic content outside designated areas or involve non-consensual imagery.

Use any robot, spider, or other automatic device to access our Services or any user’s Account for any purpose, including monitoring or copying content.

Use any manual process to monitor or copy content without our prior written consent.

Introduce viruses, Trojan horses, worms, logic bombs, spyware, malware, or other harmful material.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any user account, server, computer, or database connected to our Services.

Attack our Services via a denial-of-service or distributed denial-of-service attack.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or rights of any person.

Engage in commercial activities relating to finance, investments, gambling, or the trade of live or endangered animals or animal parts, or portray or encourage animal abuse.

Give the impression that your content emanates from or is endorsed by us or any other person or entity, if not the case.

Prohibited Use for Competitive Purposes

You may not access or use our Websites or Services to engage in any form of corporate espionage, competitive intelligence gathering, or unauthorized use of our intellectual property. This includes, but is not limited to:

Copying or reproducing platform features, designs, layouts, branding, or user interface elements.

Downloading, recording, or harvesting content for analysis or replication.

Creating an account or using access credentials for the purpose of monitoring, benchmarking, reverse-engineering, or conducting market research on behalf of any competitor or potential competitor.

Using or attempting to use any of our proprietary tools, code, features, or user-generated content for commercial purposes in competition with our Services.

Consequences

Users are liable for all legal costs or liabilities incurred due to their conduct, including any harm from prohibited competitive activities such as direct financial loss, reputational damage, or loss of intellectual property value.

Users agree to indemnify the Company fully for any and all damages—actual, consequential, or statutory—arising from violations, and to reimburse all legal fees and enforcement costs incurred in connection with investigating or prosecuting such violations, as described in the Indemnification section.

4. Account Registration, Security, Responsibility, and Termination

Access and Account Creation

Access to our Services, including your account (“Account”), is provided at our sole discretion. As a private, invitation-only platform, we reserve the right to deny access to or remove any user at any time, for any reason, with or without notice. Creating an Account does not grant permanent rights to access our Services.

To access certain features, you must create an Account by providing accurate, current, and complete information, including a username, password, and other details as outlined in our [Privacy Policy]. You are responsible for maintaining and promptly updating your Account information to ensure its accuracy.

Security Obligations

You must:

Treat your Account credentials as confidential and not disclose them to any other person or entity;

Refrain from selling, renting, leasing, sharing, assigning, or otherwise transferring your Account or access credentials;

Notify us immediately of any unauthorized access to or use of your Account.

Accounts are non-transferable. Any attempt to transfer an Account violates these Terms and may result in immediate suspension, reclamation, or permanent termination of your Account.

Account Responsibility and Shared Access

You, as the registered account holder, are solely and fully responsible for all actions taken through your Account, regardless of whether such actions were taken by you personally. This includes but is not limited to actions taken by:

Any individual to whom you have provided your login credentials, whether explicitly or implicitly;

Any person who gains access to your Account through your failure to safeguard such credentials;

Any person for whom you create an Account or facilitate access to the platform;

Any individual who uses a device on which you are currently signed in, whether or not you granted them permission to do so.

You acknowledge and agree that any and all acts performed through your Account are legally binding upon you, and that you remain responsible for ensuring compliance with these Terms of Service. This Terms of Service agreement shall also be binding upon any third party who accesses our Websites or Services through your Account, regardless of whether such access was authorized. You agree to indemnify and hold harmless the Company from any liability, loss, damage, or expense (including legal fees) arising out of or related to the actions of such individuals.

Termination and Platform Control

We may, at our sole discretion and at any time, suspend, restrict, limit, or permanently terminate your access to the platform, including your Account, content, payment functions, and any associated features or privileges, with or without notice or explanation. Such actions may be taken in response to, but are not limited to, violations of these Terms, inactivity, or to protect the integrity, security, or reputation of the platform. We may also disable any Account, username, or password if we believe you have violated these Terms.

Liability

We are not liable for any loss or damage, including but not limited to loss of income, monetization, business opportunities, relationships, reputation, or any other form of economic or intangible value, resulting from your failure to comply with these security obligations or from any suspension, limitation, or termination of your Account or access to the Services.

5. Intellectual Property Rights

Our Services, including all content, features, and functionality (e.g., software, text, displays, images, video, audio, designs, branding, and site structure), are owned by us, our licensors, or other providers and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. We grant you a personal, non-transferable, non-exclusive, revocable, limited license to access and use our Services for personal, non-commercial use, subject to compliance with these Terms.

You may not, without our written consent:

License, sell, transfer, assign, distribute, host, or commercially exploit our Services or any content;
Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of our Services;
Access our Services to build a similar or competitive product or service;
Delete or alter any copyright, trademark, or proprietary rights notices.

You may:

Temporarily store content incidental to accessing and viewing it;
Store files automatically cached by your web browser for display enhancement;
Print or download one copy of a reasonable number of pages for personal, non-commercial use;
Use social media features as enabled by us.
Any use of our Services not expressly permitted is a breach of these Terms and may violate copyright, trademark, or other laws. All rights not expressly granted are reserved by us.

We retain full ownership and rights to:

All content on our Services (public, private, or deleted), including User Content;
Usernames, handles, community names, and other digital properties associated with your Account;
Any user-submitted suggestions, feedback, or ideas.
All such digital properties may be modified, removed, or reassigned at our sole discretion, with or without notice. By submitting feedback, ideas, or suggestions, you irrevocably assign all rights, title, and interest in such submissions to us without compensation or attribution.

Trademarks

Our name, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You must not use them without our prior written permission. All other trademarks appearing on our Services are the property of their respective owners.

6. User Content
By posting or uploading any content (“User Content”), you grant us and our affiliates, service providers, licensees, successors, and assigns a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, transferable, and sublicensable license to use, copy, reproduce, modify, adapt, perform, prepare derivative works of, store, display, distribute, and disclose your User Content and any associated name, username, or likeness in all media formats and channels for any purpose, including commercial use. This license includes the right to make your User Content available for syndication, broadcast, distribution, or publication by our partners. You waive any claims of moral rights or attribution with respect to your User Content.

You represent and warrant that:

You own or control all rights to your User Content and have the right to grant the above license;
Your User Content complies with these Terms, our [Content Standards], and all applicable laws.

We may remove, restrict, edit, archive, or repurpose any User Content, community, or Account at any time for any reason, including violations of our rules or to protect the platform’s integrity. You are solely responsible for the legality, reliability, accuracy, and appropriateness of your User Content. We are not responsible or liable for the content or accuracy of any User Content posted by you or any other user.

7.Content Standards

User Responsibilities

All User Content must:

 

Comply with applicable U.S. federal, state, and local laws and our [Content Standards].

Promote lawful activities and adhere to legal standards.

Refrain from unlawful threats and avoid inciting imminent lawless action.

Remain appropriate and, if mature, be posted only in designated areas and labeled as NSFW.

Respect intellectual property, privacy, and publicity rights.

Accurately represent the user’s identity, affiliation, and content origin without impersonating others.

Be free of malware, spyware, or elements that could disrupt the functionality of our Services.

Adhere to applicable financial, animal welfare, and commercial regulations.

Obtain explicit permission from Fundamental Design Lab before claiming endorsement.

Label all permissive content as NSFW and all AI-generated content as AI-generated.

 

By submitting any content to our Websites or Services, you represent and warrant that:

You have full legal rights, permissions, licenses, or authority to upload, post, or share such content.

Your content does not include or disclose any of the following without proper legal authorization: non-consensual intimate images (e.g., revenge porn); classified or government-protected information; trade secrets, proprietary data, or confidential information belonging to a third party; insider information or any material non-public information in violation of securities laws; personal data or content that violates another person’s privacy, publicity, or intellectual property rights.

You agree that you are solely responsible for any harm caused by your submission of such content and that you will indemnify and hold harmless the Company and its affiliates for any resulting claims, damages, or liabilities.

Liability for Damages Caused by User Content or Platform Use

If your use of the platform or the content you post, including but not limited to content that violates these Terms of Service, causes Fundamental Design Lab any damages, you are legally responsible and liable for all forms of damages, both direct and indirect, resulting to us. This includes, but is not limited to, monetary damages, brand damage, loss of goodwill, legal expenses incurred to pursue claims against you, and any other costs or liabilities arising from your actions or content.

Company Rights and Policies

Speech that is offensive or expresses controversial ideas is generally protected under the First Amendment to the United States Constitution and is not unlawful. Fundamental Design Lab retains the right, but not the obligation, to take action against User Content that complies with these Terms and applicable U.S. laws.

To report User Content you find objectionable, please send an email to info@fundamentaldesign.com with the subject line “User Content Report.” We do not guarantee a response to such reports. Fundamental Design Lab reserves the sole right, without obligation, to remove or restrict access to any content at our discretion, without prior notice or explanation.

Pursuant to Section 230 of the Communications Decency Act, Fundamental Design Lab, as an interactive computer service provider, is not liable for User Content and retains the exclusive right to moderate content on its platforms. The First Amendment further protects our authority to manage and operate our services as we deem appropriate.

For additional details, refer to Section 16: Platform Status and Section 230 Notice in our Terms of Service.

Reliance on Content

User Content and third-party content on our Services are provided for general information only. We do not warrant their accuracy or completeness. Reliance on such content is at your own risk.

Third-Party Content

Some parts of our Services may include content provided by other users, bloggers, licensors, or syndication partners. These do not necessarily reflect our views, and we disclaim all responsibility for them.

Exposure to Objectionable Content

By using our Websites and Services, you acknowledge and agree that you may encounter content that is offensive, disturbing, misleading, harmful, or otherwise objectionable, including but not limited to:

Nudity, sexualized, or pornographic material.

Violent, graphic, or gory imagery.

Sexist, racist, xenophobic, homophobic, transphobic, or otherwise bigoted expressions.

Threatening, harassing, or doxxing behavior.

False, misleading, or defamatory statements, impersonations, or bad advice.

Scams, phishing attempts, malicious actors, or fraudulent schemes.

Content that is illegal, contains confidential or insider information, or is unlawful to save, share, or distribute.

We do not endorse, guarantee, or take responsibility for the accuracy, completeness, legality, or safety of any content posted or shared on our network. You understand and agree that our content moderation filters, safety mechanisms, or user-reporting systems are provided on an “as is” basis and may not be accurate, complete, or effective in filtering harmful material.

You are solely responsible for exercising your own discernment and discretion in engaging with content. By continuing to use our Services, you accept full responsibility and assume all risk associated with exposure to such content. We disclaim all liability for any harm, loss, or injury arising from your interaction with content on the platform.

Illegal Content and Indemnification

You understand and agree that we are a platform provider and not the publisher of user-submitted content. Under Section 230 of the Communications Decency Act (47 U.S.C. § 230), we are not liable for content posted by users, including content that may be illegal, harmful, or offensive. We do not pre-screen content and are not obligated to remove it unless required by law.

You acknowledge that certain user content may violate applicable law, including but not limited to:

Sexually explicit content involving minors (child sexual abuse material).

Classified or national security information.

Confidential business or personal information.

Insider trading information.

Information requiring mandatory reporting under federal or state law (e.g., child abuse, credible threats of violence).

We do not condone the posting of such content, and we will take reasonable steps to remove it upon discovery or legal notice. However, we cannot guarantee that such content will never appear on our platform.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its affiliates, employees, agents, contractors, officers, directors, licensors, and service providers (“Indemnified Parties”) from any and all claims, liabilities, damages, losses, penalties, costs, and expenses (including attorneys’ fees) arising out of or relating to your access to, possession, storage, sharing, or dissemination of any such illegal or restricted content—even if such content was encountered via our Services.

You further agree not to hold us liable for any civil, criminal, financial, reputational, or regulatory consequences resulting from your exposure to or interaction with such content.

No Liability for Harmful or Dangerous Content

You understand and agree that our platform may contain content—whether posted by users or third parties—that is inaccurate, misleading, harmful, deceptive, dangerous, or unlawful. This may include, but is not limited to:

Instructions or suggestions that, if followed or applied, could cause physical, emotional, financial, or reputational harm.

Content promoting dangerous activities or unsafe practices.

Attempts to deceive users into disclosing sensitive personal information.

Guidance related to the creation, use, or distribution of illegal substances or materials.

Content that encourages self-harm, suicide, or illegal acts.

We do not endorse, validate, or verify the safety, accuracy, or legality of such content. You use the platform at your own risk, and you are solely responsible for exercising judgment and discretion in your interpretation or application of any content you encounter. We are not liable for any injury, loss, or damage arising from your reliance on or use of such content, regardless of whether it violates our policies.

8. Monetization and Payments
Approved users may access monetization tools (e.g., Fans) at our discretion. We reserve the right to:

Suspend or revoke monetization access at any time;
Withhold or reverse payments for fraud, violations, or chargebacks;
Require users to manage their own tax compliance.
NSFW or adult content is only permitted in designated areas and must comply with all applicable laws and our [Content Standards]. Violations, including posting such content outside allowed areas or involving non-consensual imagery, may result in permanent Account termination and referral to law enforcement.

8A. Chargebacks & User Liability
If you initiate a chargeback or payment dispute:

You are fully liable for all fees, penalties, and lost funds, including chargeback or dispute fees imposed by payment processors or banks;
We may deduct such fees or amounts from your Account balance or future payouts without further approval;
You must reimburse us in full upon demand for any additional fees incurred;
You forfeit access to any monetized content or subscriptions, with no refund;
We may permanently ban Accounts that trigger chargebacks.
To the fullest extent allowed by law, you agree not to dispute authorized charges. All transactions are final, and unauthorized chargebacks are considered a breach of contract.

8B. Purchases and Subscriptions
Some features may be available for a fee, including premium accounts, add-ons, subscriptions, virtual goods, or digital services. All purchases are final and non-refundable, except as required by law or explicitly stated in writing by us. You are responsible for all charges incurred through your Account.

8C. Third-Party Payment Processors
We may use third-party services (e.g., Stripe, PayPal) to process payments. Your use of those services is subject to their terms and privacy policies. We are not responsible for any errors, delays, or losses arising from those services.

8D. Creator Monetization
If you use our platform to receive payments (e.g., tips, subscriptions, donations, product sales), you must comply with all applicable laws and tax obligations. You grant us the right to collect, withhold, or charge service fees and to issue refunds where appropriate. Payout schedules and thresholds may be subject to change.

8E. Revenue Share and Fees
We may retain a percentage of revenue earned through our platform at our discretion. The specific percentage will be outlined on the relevant service page or agreement. We reserve the right to change these terms with notice.

8F. No Guarantee of Earnings
We make no representations or guarantees about the amount of money you may earn through our Services. Your success depends on your own efforts, compliance, and user engagement.

8G. Taxes
You are solely responsible for determining, collecting, reporting, and remitting any applicable taxes associated with your use of our Services, including income tax on earnings.

8H. Suspension or Ban Forfeits Payouts
If your Account is suspended or banned, we reserve the right to withhold any unpaid balances for that pay period. You forfeit any pending or accrued payouts if your access to monetization tools is revoked for violation of these Terms.

8I. Payment Delays and Disputes
We reserve the right to delay any regular payment or payout for up to thirty (30) calendar days for operational, compliance, risk management, or audit purposes. In cases of disputed transactions, chargebacks, fraud investigations, or potential violations of these Terms, we may withhold associated funds for up to six (6) calendar months while the matter is reviewed and resolved. During this period, you waive any claim to immediate access or transfer of such funds.

8J. No Employment Relationship
Your use of our Websites and Services, including participation in monetization features or receipt of payments, does not create any employment, contractor, partnership, joint venture, or agency relationship between you and the Company. You acknowledge that you are not an employee of the Company and are not entitled to any employment benefits, compensation protections, insurance coverage, or tax withholding. We act solely as a conduit for user-initiated payments and make no representations regarding the nature, consistency, or amount of income you may receive. You are solely responsible for complying with all applicable tax laws, including the reporting, collection, and payment of any federal, state, or local taxes arising from your use of our Services.

9. Privacy, Security & Platform Access

Our [Privacy Policy] explains how we collect, use, and share information about you. You consent to the collection and use of your information as described therein. You acknowledge that:

Administrators, moderators, and staff may access your Account and any associated content, including private, hidden, or deleted content, without notice or cause, and for any purpose or reason at our sole discretion including but not limited to enforcement, moderation, support, or system integrity purposes;
Any data shared, including private or deleted content, may be retained in backups or logs for any purpose indefinitely at our sole discretion;
You should not share anything on the Services that you would not consider public.
We take reasonable steps to protect your data but do not guarantee the confidentiality or integrity of any data shared through our Services. You accept all risk related to the security of your information and content.

10. Copyright, Trademark, DMCA, and Takedown Policy
We respect the intellectual property of others and require that users do the same. Our [DMCA Policy] governs notifications of alleged copyright or trademark infringement. If you believe any content infringes your copyright or trademark, you may submit a DMCA Notice to our designated agent at:

Copyright Manager, Fundamental Design Lab 12770 Coit Road Suite 810 Dallas, TX 75251 
Email: info@fundamentaldesign.com
Your DMCA Notice must comply with 17 U.S.C. § 512(c)(3) and include:

Your physical or electronic signature;
Identification of the infringed work or a representative list of works;
Identification of the infringing material in a manner sufficient to locate it;
Your contact information (name, address, phone number, email);
A statement of good faith belief that the use is unauthorized;
A statement that the information is accurate and that you are authorized to act, under penalty of perjury.
If your User Content is removed due to a DMCA Notice, we will notify you via email. You may file a Counter Notice per 17 U.S.C. § 512(g)(3), including:

Your signature;
Identification of the removed material and its prior location;
Your contact information;
A statement under penalty of perjury that the removal was a mistake or misidentification;
Consent to jurisdiction of your local Federal District Court (or any U.S. district if outside the U.S.) and acceptance of service from the complainant.
Failure to comply with DMCA requirements may render your notice ineffective. Knowingly misrepresenting infringement or removal may result in liability under 17 U.S.C. § 512(f). We may restore content if the complainant does not file a court action within ten business days of receiving your Counter Notice. We may disable or terminate Accounts of repeat infringers.

11. Responsibility for Invitees
If you invite others to our Services through invitation codes, batch codes, or other mechanisms, you are responsible for their conduct. Violations of these Terms by your invitees may result in warnings, penalties, suspension, or termination of your Account at our sole discretion. We reserve the right to track invitation relationships and apply punitive actions against accounts whose invitees violate these Terms.

12. Disclaimer of Content Guarantees
We do not guarantee the absence of any specific type of content on our Services, including:

Harassing, abusive, or threatening behavior;
Sexually explicit, pornographic, or otherwise mature content;
Sexist, racist, homophobic, xenophobic, or otherwise bigoted speech or imagery;
False, misleading, or intentionally deceptive information;
Fraudulent schemes, scams, or impersonation attempts;
Content that may be harmful, dangerous, or result in personal injury or loss.
While we may provide moderation tools and enforce certain policies at our discretion, we are under no obligation to remove such content unless required by law. You understand that you may be exposed to content that is offensive, harmful, inaccurate, or otherwise objectionable, and you use the Services at your own risk. We expressly disclaim all liability for any harm or damages resulting from exposure to such content.

13. Disclaimers and Limitation of Liability

Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, express, implied, legal, or statutory, including warranties of merchantability, title, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be accurate, complete, reliable, current, error-free, uninterrupted, or free of viruses or harmful components. You are responsible for implementing sufficient procedures to satisfy your requirements for anti-virus protection and data integrity.

We are not liable for:

Loss of data, content, or access;

Exposure to objectionable or offensive material;

Harm, damages, or disputes resulting from user interactions or platform use;

Any loss or damage caused by viruses, denial-of-service attacks, or other harmful material due to your use of the Services or downloading of content.

We may change, add, remove, modify, suspend, or discontinue features, layouts, services, or functionalities at any time without notice. Any future updates to the Services are subject to these Terms. We make no guarantee of the permanence or availability of any functionality.

Limitation of Liability

To the fullest extent permitted by law, Fundamental Design Lab & the fun.app network, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, suppliers, and representatives (the “Company Entities”) will not be liable for any damages, including direct, indirect, special, incidental, consequential, exemplary, or punitive damages (e.g., personal injury, pain and suffering, emotional distress, loss of revenue, profits, business, savings, use, goodwill, or data), under any legal theory, arising from your use or inability to use the Services, linked websites, or content obtained through the Services, even if foreseeable. Our total liability to any user shall not exceed the lesser of $100 or the aggregate amount you paid us in the previous three months for the Services giving rise to the claim. These limitations apply to any theory of liability, including warranty, contract, statute, tort, negligence, or strict liability.

Third-Party Partners

We may collaborate with, license, or provide access to our platform to third-party partners, service providers, or affiliates ("Third-Party Partners"). Any rights, privileges, immunities, limitations of liability, indemnities, or other protections afforded to us under these Terms shall extend to such Third-Party Partners to the fullest extent permitted by law. You agree that your interactions with or through any Third-Party Partner in connection with our Websites or Services are subject to the same protections outlined in these Terms.

14. Governing Law and Dispute Resolution

Governing Law

These Terms and any disputes arising from them or your use of the Services are governed by the laws of the State of Delaware, without regard to conflict of law provisions.

Informal Dispute Resolution

You agree to contact us at info@fundamentaldesign.com to attempt informal resolution before pursuing any formal action.

Arbitration; Waiver of Jury Trial

If informal resolution fails, you agree that we may, at our sole discretion, require any disputes to be resolved by final and binding arbitration under the American Arbitration Association’s Consumer Arbitration Rules, applying Delaware law. If the American Arbitration Association is unwilling or unable to set a hearing within 160 days, either party may elect arbitration by the Judicial Arbitration and Mediation Services. The arbitrator’s award may be entered in any court with competent jurisdiction. You waive any right to a jury trial or to participate in a class action. All claims must be brought by you in an individual capacity, not as a class member or plaintiff in a class or representative proceeding.

For intellectual property violations, we may, at our sole discretion, seek injunctive or other relief in any state or federal court of our choosing. Any claim you file must be brought within one year after it arises, or it is permanently barred.

Liability for Legal Proceedings

If you initiate or cause, directly or indirectly, any legal claim, investigation, or proceeding against the Company, its affiliates, or partners, you agree to be fully responsible for all expenses incurred by the Company as a result. This includes, but is not limited to:

Reasonable attorneys’ fees and legal costs;

Expert witness or consulting fees;

Administrative, compliance, or internal investigation costs;

Any fines, penalties, or settlement payments;

Loss of revenue, harm to reputation, or damage to the Company’s brand or goodwill.

You further agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any and all liabilities, losses, or claims arising out of or relating to such proceedings to the fullest extent permitted by law.

15. Linking to Our Services and Social Media Features
You may link to our Services in a fair and legal manner that does not damage or exploit our reputation or suggest unauthorized association or endorsement without our prior written consent.

Our Services may provide social media features allowing you to:

Link from your own or certain third-party sites to content on our Services;
Send communications with content or links to content on our Services;
Display limited portions of our content on your or certain third-party sites.
You may use these features only as provided by us, in accordance with any additional terms we provide, and the sites must comply with our [Content Standards]. We may disable social media features or links at any time without notice.

Links to third-party sites or resources on our Services are provided for convenience only. We are not responsible for their content, policies, or any loss or damage from their use. You access them at your own risk, subject to their terms.

16. Platform Status and Section 230 Notice
Fundamental Design Lab & the fun.app network is a platform, not a publisher. We do not create, endorse, or pre-screen User Content and are not liable for user speech, conduct, or content, including defamatory, unlawful, or harmful material, as provided under 47 U.S.C. § 230. We are not responsible for actions taken in good faith to restrict or remove content or for the legality, accuracy, or reliability of user-submitted or third-party material. Users are solely responsible for their content.

We have no obligation to screen, edit, or monitor User Content but may delete or remove it at any time for any reason, including violations of these Terms, our [Content Standards], or potential liability. We collect minimal user data compared to other platforms and implement no prior restraints on User Content unless prudence requires caution (e.g., uncertainty about First Amendment protection).

17. Geographic Restrictions
We are based in the United States and have no presence outside it. Non-residents must not use our Services for purposes that would be unlawful under U.S. federal or state law if conducted within the United States.

18. Indemnification
You agree to defend, indemnify, and hold harmless the Company Entities from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

Your use or misuse of the Services;
Your User Content or conduct;
Any breach of these Terms or applicable laws;
Any infringement by you (or anyone using your Account) of intellectual property or other rights;
Any legal costs or liabilities due to your conduct, including chargeback-related fees.
We may assume exclusive defense and control of any matter subject to indemnification, and you will assist and cooperate with us in asserting any available defenses.

19. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

20. Entire Agreement
These Terms, including our [Privacy Policy], [DMCA Policy], and [Content Standards], constitute the entire agreement between you and us regarding the Services, superseding all prior or contemporaneous understandings. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.

21. Miscellaneous Provisions
No waiver of any term in these Terms shall be deemed a further or continuing waiver or a waiver of any other term. Our failure to assert a right or provision does not constitute a waiver. Headings are for reference only and do not affect interpretation. No ambiguity will be construed against any party based on drafting claims.

Contact

Questions or reports? Email us at: info@fundamentaldesign.com