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Funjury Terms Of Service and Use

 

These terms of service and use govern any visitor to, or user of, the funjury (tm) site or service presently offered at www.funjury.com (the "service"). the terms and conditions set forth below (the "terms") govern your use of the service. by using or accessing the service, you ("you" and "your") agree to be bound by
(1) these terms and
(2) our privacy policy, available at http:// ("privacy policy"). please read these terms carefully before using this web site including the sections relating to termination, arbitration and class action waiver. if you do not agree, do not access or use the site or any information contained herein. we reserve the right, at our discretion, to change these terms at any time. please check these terms periodically for changes. your continued use of this site following the posting of changes indicates your acceptance of the new terms. by visiting that site or in any way using any of the funjury information or services available there, you expressly agree to the following terms and conditions:

Ownership

Funjury is owned and controlled by Funjury, LLC ("Funjury") and all content, functions and media made available at or through Funjury are the exclusive property of Funjury. Your rights under this agreement are limited to using the site and no right is given to copy, adapt, modify, or combine the site or services with any other content, function or media. You agree to not attempt, directly or indirectly, to reverse-engineer, de-compile, disassemble or otherwise attempt to derive source code or other trade secrets from Funjury. Funjury, Funtiff, Funjudge, and Defundant and the site design, trade dress and the distinctive Funjury logo are the exclusive property of Funjury.

Acceptable Use

While funjury offers user's assistance with the site, it cannot guarantee that it will monitor all activity at the site. accordingly, use of the services or of any information be obtained through the site is at your risk and you should exercise appropriate judgment about what you post and share. funjury makes and gives no warranty and disclaims, any and all other express and/or implied representations or warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. we further advise that, because of the nature of the internet, we cannot guarantee that the services provided will be uninterrupted, error-free or completely secure.
You are being given a license to use our service for personal entertainment only. With regard to all information made available through our service, and excepting only that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Service. You agree to act responsibly and to exercise good judgment. By way of example, but without limitation, you agree not to:
(a) violate any applicable law, statute or regulation,
(b) infringe the rights of any third party, including without limitation, any intellectual property, privacy, publicity or contractual rights,
(c) use the information available through the Service for an unauthorized or unlawful purpose,
(d) interfere with or damage the Service,
(e) use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers where such information is not solely intended to resolve a Funjury case,
(f) use the Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements,
(g) "stalk" or harass any other user,
(h) collect or store any information about any other user other than in the course of the permitted use of our Service,
(i) use our Service for any commercial purpose whatsoever,
(j) impersonate any person or entity,
(k) remove any copyright, trademark or other proprietary right notices contained in the Service,
(l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service, or
(m) assist any third party in doing any of the foregoing.

No warranties, No damages

You agree that you use our service at your own and sole risk. our service is provided on an "as is" and "as available" basis. we expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. we don't claim and we don't warrant that
(a) our service will meet your requirements,
(b) or be uninterrupted, timely, secure, or error-free,
(c) any information that you may obtain on our service will be accurate or reliable,
(d) the quality of any products, services, information or other material purchased or obtained by you through our service will meet your expectations,
(e) any information you provide or we collect will not be disclosed to third parties or
(f) any errors in any data or software will be corrected. we also are not responsible for any problems or technical malfunction of any communication system, nor for technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the site and/or in connection with the service. under no circumstances will we or any of our affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the site or the service, any content posted on our site or transmitted to users, or any interactions between users of the site, whether online or offline. really. this a free service, we can't afford to and won't gaurantee anything beyond what we promise. please remember that if you access or transmit any content through the use of our service, you do so at your own discretion and your sole risk. you are solely responsible for any loss or damage to you in connection with such actions. we are not responsible for any incorrect or inaccurate content posted on our site or in connection with the service, whether caused by users of the site or by any of the equipment or programming associated with or utilized in the service. we are not responsible for the conduct, whether online or offline, of any user of the site or the service. we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. finally, this is our legal agreement and no communication we have with you, via data, information or advice, and whether in oral or written form from us or made during your use of the service will change this contract or create any warranty not expressly stated in these terms.
Limits on liability
You agree that we will not be liable for any damages whatsoever, including direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arising from, relating to or connected with:
(a) the use or inability to use our service,
(b) disclosure of, unauthorized access to or alteration of your content,
(c) statements, conduct or omissions of any service providers or other third party on our service,
(d) actions or inactions of other users of our site or our service or any other third parties for any reason, or
(e) any other matter arising from, relating to or connected with our service or these terms. moreover, we will not be liable for any failure or delay in performing under these terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials. finally, in no event will our aggregate liability to you or any third party in any matter arising from, relating to or connected with our service or these terms exceed the sum of one hundred ($100) dollars. and while some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the limitations may not apply to you, you agree that we deserve these protections and agree that without them we could not offer the service and that in such jurisdictions, the courts should endeavor to enforce the intentions expressed in this agreement.

Minors

Our Service is intended for persons 18 years or older and who have otherwise attained the age of majority in the jurisdiction of their residence AND for users who are visiting and using the site along with a parent or guardian who is of the legal age of majority under the laws applicable to where the user and minor is located. We want minor users to learn about civil discourse and peaceful dispute resolution and encourage properly supervised use of the Service by families.

Privacy & Use of Information

Use of the Service is governed by the Funjury Privacy Policy. By registering or using the Service you have agreed to this Privacy Policy. Notwithstanding the existence of this policy, you acknowledge that we cannot the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties.

User Content

By submitting any content (including without limitation, your photograph) to the Site, you represent and warrant that all such content is being lawfully used and posted by you and that your use and posting will not infringe or violate the rights of any third party. You waive any moral rights associated with such content and by submitting content, you automatically grant, and represent and warrant that you are legally authorized, to grant, to us, a transferrable perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing. You further agree not to post or submit any content that:
(a) is libelous, defamatory or slanderous,
(b) contains pornographic content,
(c) may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group,
(d) exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18,
(e) encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes),
(f) makes use of offensive language or images or is otherwise patently offensive to the online community, (g) harasses or advocates harassment of another person,
(h) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or Spam,
(i) promotes an illegal or unauthorized copy of another person's copyrighted work,
(j) characterizes violence as acceptable, glamorous or desirable,
(k) contains any illegal material or any material that infringes or violates another party's rights (including without limitation intellectual property rights and rights of privacy and publicity),
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses,
(m) solicits passwords or personal identifying information for commercial or unlawful purposes from other users,
(n) provides or promotes inaccurate, misleading or false information,
(o) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes or
(p) contains any identifiable personal contact information (other than for purposes of registration for the Service). If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
We have no obligation to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, or edit messages or materials, including without limitation advertisements, profiles, public postings and messages, that we, in our sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
Your license to use the service is personal and for your entertainment only. You may not resell or otherwise commercialize this service.
Miscellaneous
This agreement shall construed under the laws of Pennsylvania with jurisdiction for any dispute. The waiver of any breach or default of this Agreement by either party shall not constitute a waiver of any other breach or default. Funjury can assign all or part of this agreement and user understands its rights are personal and non-transferrable. You agree that we, in our sole discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. You hereby represent and warrant to us that:
(a) that you have the full power and authority to enter into and perform under these Terms,
(b) your use our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party,
(c) you will comply with all applicable laws in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service and
(d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
All notices and communications required or permitted under this Agreement, including any copyright notices issued pursuant to the US Digital Millennium Copyright Act shall be made to: Funjury LLC, 105 Park Avenue, Glen Rock, Pennsylvania, 17327and email to: legalnotice@funjury.com.

Funjury Privacy Policy

Funjury is committed to protecting User privacy. This Privacy Statement sets forth our current privacy practices on the information Funjury collects, directly by posting or collection, or indirectly by virtue of your use of the Service. By accessing or using any aspect of the Service, User acknowledges they understand this Privacy Statement and freely consent to the information used as set forth in the Terms of Service and Use and herein.

Funjury is only responsible for our privacy practices and not those of any advertiser, vendor or other third party. Funjury collects certain information from and about its Users in three ways: from our Server and other site related usage logs, with Cookies, and directly from the User.

a. Server Logs. When Users visit or use the Service, Funjury may track information to administer the service and analyze its usage and add new features. Examples of information Funjury may track include: 1) User Internet protocol address, 2) The browser and computer User uses, 3) the links User chooses within the Service; 4) the State or country from which User accessed the Service; 5) the Date and time of a User's visit; 6) Name of User's Internet service provider; 7) the Web page User linked to our Service from; and 8) Pages User viewed on the Service.

b. Use of Cookies. The Service may use cookies to personalize or enhance User's experience. A cookie is a small text file that is placed on the User's hard disk by a server. Cookies are uniquely assigned to User, and can only be read by a web Server in the domain that issued the cookie to User. Users have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but User can usually modify browser setting to decline cookies. If User rejects cookies by changing browser settings, some of the functionality on our Service may be disabled.

c. Personal Information. When creating an account, the User has the option to input additional information which is used to improve the Service. Funjury will not disclose personally identifiable information collected from Users to third parties without User permission except to the extent necessary including: 1) To fulfill User Service requests, 2) To protect ourselves from liability, 3) To respond to legal process or comply with law, or 4) In connection with a merger, acquisition, or liquidation of the company.

d. Contact Us. You may contact us at privacy@funjury.com with questions or suggestions about our privacy practices. While we cannot guarantee a immediate and/or direct response to all inquiries, we will monitor these, may respond and/or post responses on our website emails and appreciate your input.