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TERMS AND CONDITIONS

Effective Date: 2/7/2025

Welcome to FunnyCal LLC (“FunnyCal,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) set forth the agreement between FunnyCal LLC (“Company”) and each user (“you” or “user”) governing your use of our website, services, and products (collectively, the “Services”). By accessing or using our website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please discontinue use of our Services immediately.

1. Website Owner, Offering, and Binding of Terms

1.1. Operator Information
This website is owned and operated by FunnyCal LLC (a LLC, registered under the laws of Minnesota, United States, with principal place of business at Saint Paul, MN 55110).

1.2. Description of Services
FunnyCal LLC provides a platform where users can upload images and use our face swap templates to create personalized calendar designs (“Products”). By purchasing or using our Services, you enter into a legally binding contract with FunnyCal LLC.

1.3. Acceptance of Terms
By accessing or using our website or Services, you agree to be bound by these Terms, along with any additional guidelines, policies, or rules provided by FunnyCal LLC, including our Privacy Policy.

2. Eligibility to Use the Website

2.1. Age Requirement
You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to use our Services. By using our Services, you warrant that you meet this requirement.

2.2. Legal Authority
You must have the legal authority, right, and freedom to enter into these Terms as a binding agreement. You may not use this website if it is prohibited in your country or under any law or regulation applicable to you.

3. User Content and Face Swap Liability

3.1. User-Provided Images and Permissions
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload and/or utilize any images, including the faces of other individuals, that you submit to FunnyCal LLC You are fully responsible for ensuring that you have permission from any individual whose face is used in a face swap.

3.2. Quality of Face Swaps
While our technology aims to produce a fun and visually appealing result, not all face swaps will be perfect. By using our Service, you acknowledge that the quality of face swaps is not guaranteed and cannot serve as grounds for refunds or disputes once the product has been printed and delivered.

3.3. Preview Before Purchase
You will have the opportunity to preview your final calendar design (including face swaps) before placing your order. Any dissatisfaction with the face swap or design quality after purchase is not eligible for a refund, as you have already reviewed and approved it.

3.4. Prohibited Content
You agree not to upload or create any content that is illegal, defamatory, harassing, hateful, or infringing on any third party’s rights (including intellectual property rights). We reserve the right to remove or refuse to print any content we deem inappropriate or in violation of these Terms.

4. Ordering, Pricing, and Payment

4.1. Product Listings
By purchasing an item through our website, you acknowledge that you have read the full product description and agree to all listed terms regarding price, design, and any other relevant details.

4.2. Pricing Changes
We reserve the right to change our product prices at any time without prior notice. Any price corrections or errors will be rectified as soon as identified, and if such correction affects an existing order, we will inform you promptly.

4.3. Taxes and Fees
You are responsible for any applicable taxes or fees associated with your purchase.

4.4. Payment Methods
We accept [list accepted payment methods here]. By providing your payment information, you authorize us to charge the amount due to the method you select at checkout.

5. Shipping, Delivery, and Risk of Loss

5.1. Delivery Times
We make every effort to ship the Products within the estimated time frame provided. However, delivery dates are approximate and may be subject to delays.

5.2. Risk of Loss
All goods purchased from us are made pursuant to a shipment contract; once the product is transferred to the carrier, the risk of loss and title for such items pass to you.

6. Refund and Return Policy

6.1. Refund Eligibility

  • Non-Delivery: If your calendar is not delivered to the address you provided, you are eligible for a full refund or a reshipment of the Product.

  • Damaged on Arrival: If the calendar arrives damaged, please contact us within [insert timeframe, e.g., 7 days] of receipt with photographic evidence, and we will offer a replacement or a refund.

6.2. No Refunds for Face Swap Quality
Refunds will not be issued for dissatisfaction with the face swap’s appearance, as you have the ability to preview your final design before checkout. We do not guarantee perfect face swaps and do not offer returns or refunds based on aesthetic preferences or minor imperfections.

6.3. Return Process
To request a refund or replacement due to non-delivery or damage, please contact our customer support at [insert contact information]. We may require a return of the damaged item or additional documentation, as necessary.

7. Ownership of Intellectual Property

7.1. Our Content
All content provided by FunnyCal LLC, including but not limited to software, images, text, graphics, logos, trademarks, service marks, copyrights, photographs, audio, video, and any associated Intellectual Property Rights (“IP Rights”), remain the exclusive property of FunnyCal LLC Nothing in these Terms shall be construed as granting you a license to any of our IP Rights.

7.2. User Content License
By uploading any content (images, text, designs, or other materials) onto our platform, you confirm that you have all necessary rights and licenses. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your uploaded content for the purpose of fulfilling your order(s) and providing our Services.

8. Right to Suspend or Terminate Accounts

We reserve the right to suspend or terminate your access to our Services at any time, with or without notice, if you violate any provision of these Terms or any applicable law. You may discontinue use and request to cancel your account at any time by contacting us at [insert contact email].

9. Indemnification

You agree to defend, indemnify, and hold FunnyCal LLC harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including attorney’s fees) arising out of or related to (i) your use of our Services; (ii) your violation of these Terms; (iii) your infringement of any third party’s rights, including intellectual property or privacy rights, through your use of the Services or the content you upload.

10. Limitation of Liability

To the maximum extent permitted by law:

  1. No Indirect Damages. FunnyCal LLC shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, data, or other intangible losses.

  2. Service Availability and Accuracy. FunnyCal LLC makes no warranty regarding the availability, accuracy, or reliability of the Services. We disclaim any liability resulting from errors, mistakes, or inaccuracies in the final Products (including any minor imperfections in face swaps).

  3. No Unauthorized Access Liability. FunnyCal LLC assumes no liability for any unauthorized access to or use of our servers and/or any personal information stored therein.

11. Changes to Services

We may, without prior notice, change or discontinue any aspect of our Services or stop providing the Services or any features of the Services. We also reserve the right to create limits on use and storage at our sole discretion.

12. Right to Change and Modify Terms

We reserve the right to modify these Terms from time to time, at our sole discretion. When we make material changes, we will post a notice on our website or otherwise notify you. Your continued use of our Services after the changes have been made constitutes your acceptance of the new Terms.

13. Promotional Emails and Content

By providing your email address and other contact details, you agree to receive promotional materials and notifications from us. You may opt-out at any time by following the unsubscribe instructions in our communications or by contacting us.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the internal laws of [Name of Country/State], without regard to its conflict of laws principles. Any dispute arising under these Terms shall be resolved exclusively in the courts located in [Name of City/State]. You consent to personal jurisdiction in such courts.

15. Customer Support

For any questions or concerns regarding these Terms, your order, or our Services, please contact our customer support at:

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