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Terms of use

USER AGREEMENT

for
FUNSATIONAL.COMSM
Provided by Funsational, Inc.
Last Updated: June 29, 2013

Please Read These Terms of Use Carefully

Accessing, Browsing or Using Our Website, or Using Our
Products or Services Constitutes Your Consent to Our Terms of Use

 

THE POINT

Welcome to the Internet Age.
Websites have terms of use to establish standards for using the website and to protect the owner/operator of the website.
A user is deemed to have agreed to comply with a website's terms of use by doing any of the following: accessing, browsing or using a website; or by purchasing and using the website's products or services.
This deemed act of consenting to a website's terms of use forms a contract with the website owner which makes the terms of use legally enforceable.

Welcome to our Website.
We are of the Internet Age.
Our Website has Terms of Use.
If you access, browse or use our Website, or use
our products or services, you have agreed to our Terms of Use.

 

THEREFORE

Don't you agree it is prudent for you to review the terms, conditions, limitations and exclusions which make up our Terms of Use?

After all they are the terms of the contract between us.

If you do not want to read, understand, or agree to our Terms of Use you have an easy out...

DO NOT access, browse, or use our Website, or use the products and services we offer.

We hope you will read our Terms of Use.

 

THE TERMS OF USE

General

Our Terms of Use, Privacy Policy and Terms of Service govern your accessing and browsing our Website, as well as your purchase and use of our products and services . We are Funsational, Inc., in Spokane, Washington. You will see us referred to herein as FUN, we, your, and us. You are You.

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.

 Additional terms and conditions applicable to specific areas of our Website, products or services may also be posted in those areas. Note we are talking here about "additional" terms and conditions. This means our Terms of Use and Privacy Policy are also part of our Terms of Service.

We reserve the right to modify all or any part of our Terms of Use, Privacy Policy, or Terms of Service at any time, with or without any reason (even if we are having a bad day) and without prior notice to you. Any such changes are called "Modifications". Modifications are effective immediately upon up load to our Website. Your continued use of our Website, products or services is deemed your consent to any such Modifications. If we are having a really bad day, we may well just chuck the lot and start over. If at any time our Terms of Use, Privacy Policy or our Terms of Service become unacceptable to you, you have the unfettered right not to visit our Website and not to use our products or services.

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.

 

Content

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.

 

Indemnity

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.


Legal Actions

Our Terms of Use, Privacy Policy and Terms of Service, and the terms, conditions, limitations, and exclusions thereof, shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., excluding its conflicts of laws rules and specifically excluding the United Nations Convention on Contracts for International Sale of Goods. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the State and Federal courts located in Spokane, Washington, U.S.A.

If any portion of our Terms of Use, Privacy Policy or Terms of Service , or the terms, conditions, limitations, or exclusions thereof, is deemed by a court to be unenforceable, the remaining Terms of Use, Privacy Policy, or Terms of Service , and their terms, conditions, limitations, or exclusions shall remain in full force and shall be given full effect.

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.

 

Entire Agreement

Our Terms of Use, Privacy Policy and Terms of Service constitutes the entire agreement between you and FUN and its Affiliates with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the us with respect to such subject matter. If any inconsistency exists between our Terms of Use and our Terms of Service, such terms shall be interpreted to eliminate any inconsistency, if possible, and if not possible, our Terms of Service shall control over the conflicting provision of our Terms of Use.

 

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.

 

Laws

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
Funsational, Inc.
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.

Thank you for taking the time to read our Terms of Use.

Enjoy our Website and use our products and services - Please.

Revised 06-29-13


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