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Terms of Use
1. Definitions.
"FUNOFU" is
the interactive on-line service on the World Wide Web of the Internet, consisting of information services and content provided
by FUNOFU, affiliates of FUNOFU and other third parties. "Subscriber" means each person who establishes or accesses a connection
("Account") for access to and use of FUNOFU.
2. General.
(A) This Agreement incorporates by reference
other provisions applicable to use of FUNOFU, including, but not limited to, the supplemental terms and conditions governing
the use of certain specific material contained in FUNOFU. This Agreement sets forth the terms and conditions that apply to
use of FUNOFU by Subscriber. By using FUNOFU (other than to read this Agreement for the first time), Subscriber agrees to
comply with all of the terms and conditions in it. The right to use FUNOFU is personal to Subscriber and is not transferable
to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password)
and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall
be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(B) FUNOFU shall have the right
at any time to change or discontinue any aspect or feature of FUNOFU, including, but not limited to, content, hours of availability,
and equipment needed for access or use.
3. Changed Terms.
FUNOFU shall have the right at any time to change
or modify the terms and conditions applicable to Subscriber's use of FUNOFU, or any part, or to impose new conditions, including,
but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not limited to, posting on FUNOFU, or by electronic
or conventional mail, or by any other means by which Subscriber obtains notice. Any use of FUNOFU by Subscriber after such
notice constitutes acceptance by Subscriber of these changes, modifications or additions.
4. Equipment.
Subscriber
shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access
to and use of FUNOFU and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use FUNOFU
for lawful purposes only. Subscriber shall not post or transmit through FUNOFU any material which violates or infringes in
any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law, or which, without FUNOFU's express prior approval, contains advertising
or any solicitation with respect to products or services. Any conduct by a Subscriber that in FUNOFU's discretion restricts
or inhibits any other Subscriber from using or enjoying FUNOFU will not be permitted. Subscriber shall not use FUNOFU to advertise
or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of
other on-line information services competitive with FUNOFU.
(B) FUNOFU contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and
the entire contents of FUNOFU are copyrighted as a collective work under the United States copyright laws. FUNOFU owns a copyright
in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber
may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any
of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except
as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express permission of FUNOFU and the copyright owner. In
the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on FUNOFU
any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright
rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting material to any public area of FUNOFU, Subscriber
automatically grants, or warrants that the owner of such material has expressly granted FUNOFU the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material
(in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later
developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber
to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants FUNOFU the rights
to edit, copy, publish, and distribute any material made available on FUNOFU by Subscriber.
(D) The foregoing provisions
of Section 5 are for the benefit of FUNOFU, its subsidiaries, affiliates and its third party content providers and licensors
and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer
of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF FUNOFU IS AT SUBSCRIBER'S SOLE
RISK. NEITHER FUNOFU, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT FUNOFU WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF FUNOFU, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
FUNOFU.
(B) FUNOFU IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT FUNOFU IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL FUNOFU, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING FUNOFU, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FUNOFU. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON FUNOFU.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER FUNOFU,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
FUNOFU, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM
OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS
ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. FUNOFU,
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION
PROVIDED. NEITHER FUNOFU, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM
THE USE OF THE INFORMATION.
7. Monitoring.
FUNOFU shall have the right, but not the obligation, to monitor the
content of FUNOFU, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established
by FUNOFU and to satisfy any law, regulation or authorized government request. FUNOFU shall have the right in its sole discretion
to edit, refuse to post or remove any material submitted to or posted on FUNOFU. Without limiting the foregoing, FUNOFU shall
have the right to remove any material that FUNOFU, in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless FUNOFU,
its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including
attorneys' fees, arising out of the use of FUNOFU by Subscriber or Subscriber's Account.
9. Termination.
Either
FUNOFU or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, FUNOFU shall have the right
to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which FUNOFU, in its sole discretion,
considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B),
5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
FUNOFU and
its logos are trademarks of Carl Pansova, All rights reserved. All other trademarks appearing on FUNOFU are the property of
their respective owners.
11. Third Party Content.
FUNOFU is a distributor (and not a publisher) of content supplied
by third parties and Subscribers. Accordingly, FUNOFU has no more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or
made available by third parties, including information providers, Subscribers or any other user of FUNOFU, are those of the
respective author(s) or distributor(s) and not of FUNOFU. Neither FUNOFU nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer
to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In
many instances, the content available through FUNOFU represents the opinions and judgments of the respective information provider,
Subscriber, or other user not under contract with FUNOFU. FUNOFU neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on FUNOFU by anyone other than authorized FUNOFU employee spokespersons while acting
in their official capacities. Under no circumstances will FUNOFU be liable for any loss or damage caused by a Subscriber's
reliance on information obtained through FUNOFU. It is the responsibility of Subscriber to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other content available through FUNOFU. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Miscellaneous.
This
Agreement and any operating rules for FUNOFU established by FUNOFU constitute the entire agreement of the parties with respect
to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without
regard to its conflict of laws rules. No waiver by either party of any breach or default shall be deemed to be a waiver of
any preceding or subsequent breach or default. The section headings used are for convenience only and shall not be given any
legal import.
If you have any questions regarding this agreememnt, please write us at:
contact@funofu.com
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