TERMS OF SERVICE
To use our services, including the submission of any content through our services, we require that you agree to these Terms of Service (“Terms”). Among other things, you understand and agree that:
The personal information you have provided to us is accurate.
You have the right to submit any content that you provide to us.
You are solely responsible for any content that you submit to us.
Your submissions do not contain material that is defamatory, infringes on anyone else’s intellectual property rights, or is in any way unlawful; or that we may find to be indecent, profane, obscene, or otherwise objectionable.
We may review your submissions and remove any content without notice and for any reason in our sole discretion, including if it violates these rules, other parts of the Terms, or is otherwise objectionable.
When you submit content or other material, you grant us, our affiliates, and our partners the nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and distribute such content or other material in any way.
The full Terms are copied below.
WELCOME! FUNGUYS EVENTS, LLC AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES PROVIDE A VARIETY OF ONLINE WEB SERVICES, MOBILE APPLICATIONS, AND OTHER SERVICES TO LOCATION-ENABLED AND OTHER TYPES OF DEVICES (COLLECTIVELY, THE “SERVICES”), FROM NEWS AND WEATHER INFORMATION TO ENTERTAINMENT AND ELECTRONIC COMMERCE. FUNGUYS EVENTS, LLC, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES (HEREINAFTER COLLECTIVELY REFERRED TO AS “WE” OR “US” OR “OUR”) PROVIDE THE SERVICES SUBJECT TO YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE “AGREEMENT”).
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE SERVICES. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
As our Services are an evolving medium, the Terms of this Agreement may change from time to time. Please periodically review and become familiar with these terms. Your continued use of the Services after the posting of changes to these Terms will signify your acceptance of these changes. We may immediately terminate any individual’s use of the Services and/or such user’s password(s) or account(s) in the event user violates the terms of this Agreement or engages in conduct that we, in our sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
The Services contain copyrighted material, trademarks and other proprietary information, including but not limited to, text, images, photos, software, video, graphics, music and sound, and applications. The entire contents of the Services is protected by United States copyright, trademark, patent, trade secret and other laws. Unless otherwise noted, Funguys Events, LLC, or their parents, subsidiaries or affiliates own or sub-license all content that is part of the Services.
Although the Services are freely accessible, by providing such access we do not intend to relinquish our respective rights, or any other party’s rights, to the materials appearing on the Services. The material on the Services is provided for private, non-commercial use only.
Reporting Copyright Infringement:
If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;(iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent to receive notifications of claimed infringements is: Copyright Agent, c/o Funguys Events., 5690 Wolff Road, Medina, OH 44256 Telephone number: 330-441-4255, email address: firstname.lastname@example.org. Please include in your e-mail the URL of the website or the name of the mobile application or other service which you believe to contain infringing content.
REPORTING OBJECTIONABLE MATERIAL
If you consider any material appearing on the Services to be objectionable and would like to report it, please contact us at email@example.com. Please include in your e-mail the URL of the website or the name of the mobile application.
Funguys Events, LLC, its parents, subsidiaries, or affiliates own all rights to their logos and trademarks used in connection with the Services. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Services without the prior written consent of the owner of the mark.
CODE OF CONDUCT
You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Services:
Restricting or inhibiting any other user from using and enjoying the Services;
Impersonating any person or entity or posting personally identifying information of any other person;
Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
Posting or transmitting any false, misleading or inaccurate information;
Without the our prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Services to become users of other online or mobile services competitive with the Services);
Representing or suggesting , directly or indirectly, our or our affiliates’ and sponsors’ endorsement of user content;
Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Posting or transmitting materials in violation of another party’s copyright or intellectual property rights;
Using the Services for any commercial or unlawful purposes, including “spamming”;
Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Services; or
Attempting, facilitating or encouraging others to do any of the foregoing.
YOU EXPRESSLY AGREE TO INDEMNIFY, (AT OUR REQUEST) DEFEND, AND HOLD US, AND OUR AFFILIATES AND SPONSORS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE PROVISIONS RELATING TO CONTENT SUBMITTED BY YOU, (B) YOUR VIOLATION OF ANY OF THESE TERMS OF SERVICE AND/OR THE CODE OF CONDUCT ABOVE, (C) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES OR ANY RELATED SERVICES; (D) YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED SERVICES; AND/OR (E) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT BY YOU.
By using the Services you are indicating that you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not use the Services. If you are not yet the age of majority in the state in which you reside, a parent or guardian may agree to be bound by the terms of this Agreement on your behalf.
THIRD PARTY ADVERTISING
We may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We reserve the right to edit, reclassify, revise, reject and/or cancel any advertisement at any time, in our sole discretion. Rates and specifications for any advertisement are subject to change.
When you submit an ad for publication on the Services, including but not limited to classified ads, you agree that the advertisement is licensed to us for publication on the Services.
You may submit any text, images, data, or other materials (“Content”) on the Services. In so doing, you acknowledge and agree that you grant to us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and/or translate such Content without notice, attribution or payment to you.
Sublicense such Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without notice, attribution or payment to you. Further, by submitting Content on the Services, you acknowledge that you have the authority to grant such rights to us and use of the Content by us will not violate the rights of any third party. You further acknowledge that the burden of determining whether any Content posted or transmitted on the Services by you is protected by copyright or will otherwise violate the rights of any third party rests solely with you. We, and our licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on our behalf.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
If you subscribe to mobile alerts, you certify that you are over 13 years of age, are the account holder or have the account holder’s permission, and agree to receive ongoing SMS messages from us. The number of messages delivered per week are based on subscription preferences. Service is available on select carriers. In addition to any entry, submission, donation or other fee of which you are notified, your carrier’s message and data rates may apply. No purchase is necessary. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. SMS messages are provided on an as is basis. Data obtained from you in connection with SMS service may include your cell phone number, carrier’s name, and date, time and content of message. Such information may be used by us to contact you and to provide services you request. SMS messages will be delivered to the phone number the consumer provides for opt-in. You can cancel your alert subscription at any time by replying STOP to any text alert. For more information reply HELP to any text alert.
If you have elected to receive push notifications or alerts through any of our mobile applications, you can cancel the push notifications or alerts by accessing the push notification setting of your mobile device and/or through the settings of the applicable mobile application. Note that this feature does not completely prevent you from receiving push notifications. However, we will do our best to ensure that you do not receive unwanted alerts or push notifications so long as your device or mobile application settings are appropriately set.
USE OF SECURE AREA AND PASSWORD
Children under the age of 13 are not authorized to post messages or participate in “Forums” (as defined below) on the Site. By creating a user account, you represent that you are 13 years of age or older and, if you are under the age of majority in the state in which you reside, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, use the Services, and fulfill the obligations set forth in these Terms of Service.
You acknowledge and agree that we have the right, but not the responsibility, to monitor the Services and related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Services properly, to protect itself, its sponsors and our customers, and to comply with legal obligations or governmental requests, or to respond to any circumstance that we deem to be an emergency. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement, in our sole determination.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY US. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND ANY RELATED SERVICES.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER US, NOR THEIR AFFILIATES, EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THEM IS TO STOP USING THE SITE AND/OR SUCH SERVICES.
We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Services, you acknowledge and agree to this disclaimer of any such liability. If you do not agree, you should not access or use the Services.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Although we attempt to ensure the integrity of the Services, a possibility exists that the Services could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Services. We make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please contact us at firstname.lastname@example.org so that it can be corrected. Please include the URL of the website or the name of the mobile application or other service in your email.
In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, user or member of the Services, or other user not under contract with us. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than our authorized employee spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
LINKS TO OTHER WEBSITES AND SERVICES
PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the sites of the Electronic Frontier Foundation (www.eff.org) and GetNetWise (www.getnetwise.org).
VOID WHERE PROHIBITED
Although certain Services may be accessible worldwide, not all products or services discussed or referenced in or on the Services are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of the Services and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made through or on the Services is void where prohibited.
We make no representation that materials on the Services are appropriate, available or legal in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that these Terms, for all purposes, shall be governed and applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of these Terms must be brought in a state or federal court in the State of Delaware. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts in New Castle County, Delaware.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. 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. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
We may at any time change the Services, including eliminating or discontinuing any content or feature of the Services, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, postings or notifications on the Services, by electronic mail, by conventional mail, or by another other means chosen in our sole discretion. Your use of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
Last Updated August 29, 2019.