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Provided by Funsational, Inc.
Last Updated: June 29, 2013
Accessing, Browsing or Using Our Website, or Using Our
Welcome to the Internet Age.
Welcome to our Website.
We are of the Internet Age.
If you access, browse or use our Website, or use
After all they are the terms of the contract between us.
DO NOT access, browse, or use our Website, or use the products and services we offer.
The front door of our Website, which you have already found, is located at the URL www.funsational.com. Our Website consists of a collection of associated web pages accessed through our home page.
Our Website is not intended to attract children under the age of 14. We make every effort to comply with the Children's Online Privacy Protection Act (COPPA) and do not permit registration by, and will not knowingly collect personal identifiable information from anyone under the age of 14. We have not yet found the way to detect lying, but, we are working on it. A COPPA notice will be included in any area where we or our affiliated service providers collect such data related to use at our Website, for example, during the registration process for one of our services.
We own or have licensed the content on our Website. Examples of our content include, but are not limited to, text, graphics, photographs, templates, logos, trade and service marks, icons, images, audio or video clips, sounds, data compilations, downloadable materials, methods and practices, and software. We have exclusive rights associated with the selection and arrangement, compilation, and Look-and-Feel of our content and our Website's pages which display the content. Our content is protected by U.S.A. and International copyright law --- all rights reserved --- unfair competition laws, and other laws and treaties. The content of our Website's pages may change from time to time. However, our exclusive rights attach as our Website's pages are changed. You agree to respect our rights and the rights of any content providers we may have licensed content from. You further agree to comply with any additional copyright notices, information, or restrictions contained in any content available on or accessed through our Website, or related to our products or services. If you use our services you may use the work product of the service under a non-exclusive license of use, but only for your personal, noncommercial use, and only for its intended use and purpose.
You agree not to modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, or make commercial use of, any of our Website's content, whether in whole or in part, unless you receive prior written permission to do so from FUN, and then only to the extent granted in the written authorization.
In the course of using any of our services, if you up-load any content, you warrant you have all rights necessary for us to use the content up-loaded, in or as part of, the work product resulting from your use of our services, for your intended use of the work product. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FUN AND OUR AFFILIATES HARMLESS FROM AND AGAINST ANY CLAIMS OR ACTUAL INFRINGEMENTS OF ANOTHER'S PROPRIETARY RIGHTS ASSOCIATED WITH YOUR UP-LOADED CONTENT.
You agree not to decompile, or otherwise reverse engineer, our downloadable software, or the downloadable software of others, without express written authorization of the owner of the downloadable software.
You may not download, copy, distribute, forward or electronically store any portion of our Website's content for any commercial gain by any person or legal entity without FUN's consent. If you obtain FUN's consent to use any portion of our Website's content you agree to include all copyright, trademark, other proprietary notices, and substantive or administrative notices contained in or associated with any such content. You will not claim ownership in or to any of our Website's content, and you will not represent or falsely suggest any ownership interest in or to any of our Website's content.
Rules of Conduct
You agree not to upload to our Website any content which: is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; contains viruses or other malicious, contaminating or destructive features; violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or violates any statute, law, regulation or ordinance. You agree not to upload to our Website any links to any Internet sites. You agree not to use our Website, its domain name, its URL, any associated names, tradenames, trade or service marks, or other distinctive features for any commercial purpose, including, but not limited to, the distribution of any advertising, to solicit funds or goods or services, to solicit users for any competitor of ours, or with any product or service competitive with our products or services.
No Endorsement or Liability
Our Website may contain links to other sites on the Internet which are owned and operated by third parties ("External Sites"). You acknowledge FUN is not responsible for, and does not endorse, your use of External Sites. We do not guaranty the availability of any External Site. Any such link is made available to you "AS IS" and "As Available". Dead links happen. Please let us know if you find a dead link.
You agree to indemnify, defend and hold harmless FUN and its affiliates, and their respective employees, officers, directors, owners, agents, attorneys, information providers and licensors (collectively, the "FUN Parties") from and against any and all claims, liabilities, losses, costs, damages, and expenses (including attorneys' fees) incurred by any FUN Partiesas a direct or indirect result of, or in connection with, any use or alleged use, or misuse, by you, of our Website, its domain name, its URL, its content, External Sites, or, our products or services including uses made under your password by you or another person, whether or not the other person was authorized by you to use your password or access your account with us. This is a good reason to protect your password. FUN Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to your obligation to indemnify, defend, and hold FUN Parties harmless. If one or more of the FUN Parties elects to assume the defense, you agree to assist the FUN Parties' with their defense, and you agree to continue to pay the defense costs and expenses, including the FUN Parties' attorneys fees.
Termination of Service
FUN reserves the right, in its sole discretion, to restrict, suspend or terminate your access to any or all of our Website and the services available through our Website, at any time, for any reason, for no reason, and without prior notice or liability to you. FUN may change, suspend or discontinue all or any aspect of its Website and the services provided through its Website, at any time, including the availability of any feature, database, content, product or service without prior notice and without any liability to you.
Disclaimer Of Representations And Warranties
Our Website and its associated pages are provided to you "AS IS" and "AS AVAILABLE". FUN and its affiliates make no Representation or Warranty that the Website, its associated pages, services, or products will be available to you, available to you continuously, or that its content will be error free, or that you will be able to obtain any desired results from your use of our Website, its associated pages, services or products.
FUN, FUN'S AFFILIATES, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS, MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE, ITS ASSOCIATED PAGES, ANY CONTENT AND ANY PRODUCTS OR SERVICES SOLD THROUGH THEM, AND YOUR USE OF ANY OF THEM. FUN, FUN'S AFFILIATES, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS, DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ANY OF ITS WEB PAGES, CONTENT, OR FILES AVAILABLE FOR DOWNLOADING FROM OUR WEBSITE WILL BE FREE OF VIRUSES, MALICIOUS SOFTWARE, OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR WEBSITE, ITS ASSOCIATED PAGES, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THEM AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. YOU AGREE TO TAKE ALL REASONABLE EFFORTS TO PROTECT YOUR COMPUTER, AND ANY COMPUTER NETWORK YOU ARE ASSOCIATED WITH, OR ARE USING, AGAINST ANY INTERRUPTION OR DAMAGE EMANATING FROM YOUR USE OF OUR WEBSITE, ITS ASSOCIATED PAGES, PRODUCTS, SERVICES, OR ANY OF OUR AFFILIATED OR LINKED WEBSITES.
LIMITATION OF LIABILITY
NEITHER FUN NOR ANY THIRD PARTY CONTENT PROVIDER, NOR EITHER THEIR RESPECTIVE AGENTS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITE, ITS ASSOCIATED PAGES, PRODUCTS, SERVICES, OR CONTENT, EVEN IF FUN, ANY THIRD PARTY CONTENT PROVIDER AND/OR THEIR RESPECTIVE AGENTS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FUN AND THIRD PARTY CONTENT PROVIDERS, AND BOTH OF THEIR RESPECTIVE AGENTS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW OF SUCH STATE.
You agree, regardless of any statute, law, regulation or ordinance to the contrary, any potential claim or cause of action you may have arising out of or which is associated with your use of our Website, or its content, products or services must be filed within one year following the day the claim or cause of action accrued . You further hereby expressly waive the right to rely on your date of discovery of the claim or cause of action as the date the one year claim period commenced. Any suit, mediation, arbitration or other actions or attempts to resolve claims or causes of action must be commenced within the one year claim period or the potential or actual claim or cause of action is forever barred. You all so agree that any potential or actual claim or cause of action which you will be attempting to solve will be, and must be held in Spokane, Washington, U.S.A., and if suit is filed, such suit must be filed in a State or Federal court located in Spokane, Washington U.S.A.
Survival of Terms
Your obligation to indemnify, defend, and hold FUN and it Affiliates harmless, our Disclaimer of Representation and Warranties, our Limitation of Liabilities, and the Provisions related to jurisdiction and venue shall survive any expiration or termination of this Agreement, as well as, any other provisions which by their purpose or meaning are intended to survive, or if their survival would be advantageous to FUN.
Your Access and use of our Website is governed by all applicable federal, state, and local statutes, laws, regulations and ordinances. All information available on our Website is subject to U.S. A. export control laws and regulations, and may also be subject to the laws of the country were you reside.
DMCA Copyright Infringement Claim Procedure
If you believe your copyright has been infringed, your Notification of Claimed Copyright Infringement should be sent to our Designated Agent for investigation, at:
DMCA Designated Agent
12704 E Nora Ave., Suite F
Spokane Valley, WA 99216
A Notification of Copyright Infringement must contain sufficient details and information for us to investigate the claim. If a notification fails to provide adequate details or information for an investigation to begin, as determined by FUN in its sole discretion, then you agree FUN shall have no obligation to investigate the claimed copyright infringement and shall have no liability for its failure to investigate or related to the alleged copyright infringement. We may, if the circumstances justify it, block the potential infringer's access to our Website, and/or terminate any services purchased from us by the potential infringer.
Enjoy our Website and use our products and services - Please.