This Terms of Service (this "Agreement") is a legally binding agreement between Funseek, LLC ("Funseek") and the person or entity (hereinafter, "you" and "your") that desires to use of the features, functionality and services available through www.Funseek.com (collectively, the "Service"). You understand that to use the Service you must be at least 13 years old. If you are under 18 years old your parent or guardian must agree for you to use the Service. You agree to this Agreement by electing to access www.Funseek.com and to use the Service. If you do not agree to this Agreement your sole recourse is to not use the Service so as to not be subject to the terms and conditions of this Agreement.
1. License to Use the Funseek Service
1.1 Funseek grants to you, subject to your acceptance of this Agreement, a non-exclusive, personal, non-transferable, revocable and limited license to use and display the Service for your personal non-commercial use, including sharing the information found on the Service with your friends. You agree that the foregoing license applies only in jurisdictions where use of the Service is lawful under the laws, rules and regulations of the jurisdiction from where you elect to use the Service, and it shall be your responsibility to determine whether you may lawfully use the Service from the jurisdiction in which you may be located at the time you elect to use the Service. All rights in and to the Service not expressly granted under the aforementioned license are expressly reserved by Funseek.
1.2 Your use of the Service is conditioned upon your compliance with all of the terms and conditions of this Agreement. Any use of the Service in violation of any of the licenses or other terms and conditions set forth in this Agreement will be regarded as a breach of the limited license granted to you and consequently an infringement of Funseek's intellectual property rights in and to the Service. Funseek reserves the right to terminate your access to the Service without notice if you violate any terms of this Agreement.
2. Events and other User Content; Licenses; Your Responsibilities
2.1 Using the Service you will be able to search for information regarding events ("Events") in a geographic area of interest to you. Other features and functionality, including the posting of Events to the Service, may require you to register for the Service. If you do not want to register for the Service you will not be able to access those features and functionality. You may also elect to upload details about Events that you know are not private; provided that you agree to provide only accurate information about Events that you elect to upload to the Service, and you may also have access to functionality that provides you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast other information and content to or via the Service. Any information regarding Events or other information and/or content you elect to transmit to or through the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material, is referred to herein as "User Content". Any User Content you transmit to Funseek will be treated as non-confidential and non-proprietary.
2.2 Some features and functionality of the Service may be supported by third parties or refer you to the website(s) of third parties. If you chose to follow links to such third party websites you will be subject to the terms and conditions of those websites. If you elect to use features and functionality supported by third parties, such as logging on using your Facebook credentials, or purchasing tickets to events, you will be subject to the terms of those services and/or products in addition to this Agreement.
2.3 You agree that your use of and conduct on the Service shall at all times be lawful in the jurisdiction in which you reside and in the Commonwealth of Virginia. You agreed that your User Content will not: (i) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap; (ii) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language; (iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone; (iv) promote violence or describe how to perform a violent act; or (v) violate the contractual, personal, intellectual property or other rights of any person or entity, or promote or constitute illegal activity.
2.4 You agree that you, and your activities on the Service, will not: (i) reveal any personal information about another individual without permission; (ii) involve impersonation of any other person or entity; (iii) involve creating user accounts by automated means or under false pretenses or in a manner that misleads others as to the origins of your communications; (iv) trick, defraud or mislead Funseek and other users of the Service; (v) submit false reports of abuse or misconduct; (vi) engage in any commercial activities other than the submission of information with respect to a legitimate and lawfully-conducted Event; (vii) violate any other term of this Agreement or any other requirements or restrictions posted by Funseek on the Service; (viii) violate any local, state, federal or international law, rule or regulation; (ix) disseminate or transmit viruses, worms, trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive software code or program; (x) copy (other than occurs in the ordinary course of using the Service) or adapt the Service's software; (xi) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (xii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, or any automated system that accesses the Service; (xiii) cover or obscure any notice, banner or advertisement on the Service; (xiv) disguise the source of your User Content or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service; or (xv) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the User Content.
2.5 You grant to Funseek the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license, including the right to grant and authorize the granting of sublicenses, to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement without Funseek incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
2.6 Funseek has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Funseek does have the right to enforce such rights through any means it sees fit as a licensee and sublicensor of such User Content, and you agree to cooperate and participate as necessary to permit Funseek to bring and control enforcement of such rights at Funseek's out-of-pocket expense.
2.7 Funseek has no obligation to accept, display, review, monitor, or maintain any Events or other User Content. Funseek has the right to delete any Event or other User Content from the Service without notice for any reason at any time. Funseek may move, re-format, edit, alter, distort, remove or refuse to exploit Events and other User Content without notice to you and without liability. Funseek reserves the right to treat Events and other User Content as content stored at the direction of users for which Funseek will not exercise editorial control; provided, however, that the foregoing shall in no way limit Funseek's right to remove User Content that violates any terms of this Agreement when such violations are brought to Funseek's attention. You acknowledge that you do not rely on Funseek to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
3. Changes to this Agreement and the Service
3.1 Funseek reserves the right to change this Agreement in any way and at any time by providing notice of such change as described in Section 3.2 below. However, no amendment to this Agreement shall apply to a dispute of which Funseek had actual notice on the date of amendment.
3.2 Funseek will notify you of any modifications to this Agreement with one or both of the following methods: (a) we will post any modifications on www.Funseek.com or through a link to this Agreement within the Service, and/or (b) we will send you a message informing you of the modified terms and linking you to the posting of this Agreement at www.Funseek.com. You agree that you will: (x) periodically check www.Funseek.com for updates to this Agreement, and/or (y) you will read the messages we send you to inform you of any changes. You agree that you will be deemed to have been given notice of any modifications once we post them to www. Funseek.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes to this Agreement.
3.3 Funseek reserves the right to add, change or discontinue some or all of the features and functionality available through the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability to you.
4. Ownership of Intellectual Property
4.1 All intellectual property rights in and to the Service are either owned or controlled by, or licensed to, Funseek and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and similar laws of other jurisdictions. "Funseek" and the logos of Funseek are trademarks and/or service marks of Funseek and may not be used without the express written permission of Funseek.
4.2 You do not acquire any ownership rights in or to the Service by using the Service, downloading material from or uploading material to the Service.
4.3 You agree not to copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of Funseek.
4.4 You agree that any comments, feedback, suggestions, ideas, and other submissions you may disclose, submit, or offer to Funseek in connection with the use of the Service may be used freely by Funseek without payment of any royalty or other fee to you or any other person or entity.
5. Privacy and Protection of Personal Information.
6. Disclaimers; Limitations; Waivers of Liability
6.1 YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY WITH RESPECT TO THE INFORMATION REGARDING ANY EVENT, TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED EXCEPT ONLY TO THE EXTENT SUCH DISCLAIMER IS PROHIBITED UNDER APPLICABLE LAWS, IN WHICH CASE SUCH WARRANTY SHALL BE FOR A TERM OF THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED. WITHOUT LIMITING THE FOREGOING, NEITHER FUNSEEK NOR ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "FUNSEEK PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
6.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OF ACTION WHATSOEVER IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT. THE FUNSEEK PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE FUNSEEK PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE FUNSEEK PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, AND THAT THE RISK OF THE SERVICE AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT THE FUNSEEK PARTIES DO NOT EVALUATE THE INFORMATION AND CONTENT REGARDING EVENTS AND THAT YOU ARE FULLY RESPONSIBLE FOR DETERMING WHETHER INFORMATION AND CONTENT OF AN EVENT IS ACCURATE OR MAY BE INTENTIONALLY OR UNINTENTIONALLY MISLEADING.
6.3 WITHOUT LIMITING SECTIONS 6.1 AND 6.2 ABOVE, UNDER NO CIRCUMSTANCES WILL THE FUNSEEK PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID FUNSEEK IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
6.4 YOU AGREE THAT EACH AND EVERY LIMITATION AND DISCLAIMER SET FORTH ABOVE IS A MATERIAL RISK ALLOCATION FOR FUNSEEK AND FUNSEEK WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR YOUR AGREEMENT TO SUCH LIMITATIONS AND DISCLAIMERS.
7.1 You agree to indemnify and hold harmless the Funseek Parties from and against all claims and expenses, including attorneys' fees and costs incurred by the Funseek Parties defending such claim, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
8.1 This Agreement is effective until terminated by either party. You may terminate this Agreement by erasing all Service-related materials obtained from the Service and Funseek. The privileges granted to you under this Agreement will terminate immediately and automatically if you fail to comply with any term or provision of this Agreement.
9. Governing Law/Waiver of Injunctive Relief; Arbitration
9.1 This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the Commonwealth of Virginia, without regard to conflicts of laws principles, regardless of your location. The Uniform Computer Information Transactions Act, as adopted in Virginia, and the International Sales of Goods Act, as adopted in any jurisdiction, are expressly agreed to be inapplicable to this Agreement. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Fairfax County, Virginia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Fairfax County, Virginia.
9.2 You acknowledge that the rights granted and obligations made hereunder to Funseek are of a unique and irreplaceable nature, the loss of which shall irreparably harm Funseek and which cannot be replaced by monetary damages alone. Consequently, Funseek shall be entitled to seek injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach of this Agreement by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
9.3 Subject to Section 9.6, to expedite resolution and control the cost of any dispute, controversy or claim you may have related to this Agreement ("Dispute"), you and Funseek agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from you to Funseek. You will send your notice to Funseek, LLC 200 LAWYERS ROAD, #265, VIENNA, VA 22183____, ATTENTION: DISPUTE RESOLUTION.
9.4 You and Funseek agree that any arbitration shall be limited to the Dispute between Funseek and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
9.5 You and Funseek agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Funseek's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
10.1 The failure of Funseek to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under them shall not be construed as a waiver or relinquishment of Funseek's right to assert or rely upon any such provision or right in that or any other instance.
10.2 You and Funseek agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect.
11.1 Funseek operates and controls the Service from its offices in the United States. Funseek makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law, rule or regulation or which would subject Funseek to any registration requirement within such jurisdiction. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, rules and regulations if and to the extent such local laws, rules and/or regulations are applicable. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without Funseek's prior written consent, and any such purported assignment without such permission is hereby deemed void and of no force or effect. This Agreement contain the entire understanding of you and Funseek relating to the Service, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by Funseek. If any provision of this Agreement is found to be illegal or unenforceable, this Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Funseek's request, you will furnish Funseek any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Funseek by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
12. Statute of Limitations
Funseek's Service includes user-submitted materials, and Funseek cannot and does not monitor all of the material submitted to the Service.
If you think your work has been used in a manner that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at:
Attn: DMCA Agent
200 Lawyers Road, #265
Vienna, Virginia 22183
Please include all of the following in your notification:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
2. a description of the work you claim has been infringed;
3. a description of where the material you claim is infringing is located on the Service;
4. your address, telephone number, email address, and all other information reasonably sufficient to permit Funseek to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.