The following are terms of a legal agreement between you
(referred to as You or Customer)
and Funklord (also referred to as Funklord.com, Company, We, Our). Please
read these terms carefully before using any product or service provided by
Funklord (referred to as "Materials"). By using the Materials, you agree to
abide by the terms and conditions set forth in
this notice. If you do not agree to abide by these terms and conditions, do
not use the Materials.
Subject to the
terms and conditions set forth in this Agreement, Funklord grants you a
non-exclusive, non-transferable, limited right ("License") to access, use
and display the Materials. The definition of
Materials includes without limitation Funklord's web sites,
Funklord's mobile apps, other software, services and any external content
generated by Funklord's software. You agree that
Funklord may revoke this License at any time without notice, at Funklord's
sole and absolute discretion.
Personal Use Only Except By Arrangement
Materials are made available for
personal, non-commercial use only. To make commercial, corporate,
government or group use of the Materials, you must first enter into
a separate agreement with Funklord to do so.
Account Security and User Conduct
You agree to be responsible for all use of your account
while using the Materials, and for all actions and activities that take place
using your account.
You agree to keep your password secure. You agree not to use the Materials
to violate or infringe upon the rights of any third party. You agree not to
use the Materials to upload or transmit any information that Funklord
considers to be harmful, illegal, threatening, defamatory, harassing,
vulgar, or otherwise objectionable.
You agree not to interrupt or
attempt to interrupt the operation of the Materials in any way. You agree not
to offer for sale, distribute, reproduce, modify, publish, license,
or create derivative works from the Materials. You agree not to circumvent,
deactivate, or thwart any security measures in the Materials. You agree not
to disassemble, decompile, or reverse engineer any software or other
content in the Materials. You agree not to access the Materials in any
Funklord may terminate or place on hold your access to the Materials to
protect you, Funklord, or our partners from suspected fraudulent or
Funklord is not obligated to credit or discount any accounts placed on
hold due to suspected fraudulent or illegal activity.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. FUNKLORD DOES NOT
WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF
ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THE MATERIALS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION,
ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
FUNKLORD RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR
OMISSIONS IN ANY PORTION OF THE MATERIALS. FUNKLORD MAY MAKE ANY OTHER CHANGES TO
THE MATERIALS AND THE PRICES (IF
ANY) DESCRIBED IN THE MATERIALS AT ANY TIME WITHOUT NOTICE. THE MATERIALS
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS
FOR ANY PARTICULAR PURPOSE.
Limitations of Damages
THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. IN NO EVENT
SHALL FUNKLORD OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF INCOME, LOSS OF EMPLOYMENT,
BUSINESS INTERRUPTION, LOSS OF
INFORMATION OR PROGRAMS OR OTHER DATA, OR LOSS OF GOODWILL, WHETHER ON
FUNKLORD'S SERVERS OR ON YOUR INFORMATION HANDLING SYSTEM), UNDER ANY THEORY
OF LIABILITY, THAT ARE RELATED TO THE USE OF, THE MISUSE OF, OR THE
INABILITY TO USE THE MATERIALS, EVEN IF
FUNKLORD IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE
THAT YOUR SOLE REMEDY FOR ANY LOSS OR DAMAGE SUFFERED IS TO DISCONTINUE USE
OF THE MATERIALS.
Not For Safety-Critical Applications
The Materials are not to be used in aircraft
navigation or communication systems, life support machines, nuclear
reactors, or other applications in which failure of the Materials,
or failure to access the Materials, could lead to death, personal
injury, or physical or environmental damage.
Funklord reserves the right, at its sole and absolute
discretion, to change, modify, add or remove any portion
of this Agreement in whole or in part, at any time. Changes in this
Agreement will be effective upon posting. Your continued use of the Materials
after any changes to this Agreement are posted will be considered acceptance
of those changes.
may draw information from, or contain links or references to,
third-party content, resources, or websites; and may provide content that
is intended to be compatible with
products or services offered by third parties. These links, references, and
content are provided without warranty of any kind, and Funklord does not
make any commitments, representations, or warranties regarding the
availability, use, or content of any third-party resources. Links to
third-party resources do not indicate endorsement of such resources.
Funklord is not responsible or liable for any content, products, services,
policies, or transactions provided by or in reference to any third party,
even if the third party is linked from Funklord's Materials.
Customer Ideas and Submissions
Funklord is not responsible for any similarity between its Materials and
any unsolicited content or ideas transmitted to Funklord. You agree that
Funklord will not provide any consideration to you for any unsolicited
content or ideas, and you waive any claim against Funklord and its affiliates
regarding any use of such content or ideas. You agree not to enforce any
"moral rights" regarding any submitted content or ideas.
reserves the right,
at its sole and absolute discretion, to restrict your access to the Materials until
your account is considered by Funklord to be in good standing.
Ownership of User Content
Funklord does not claim ownership of, and is not
responsible for, any user-generated
content posted to our servers or through the Materials.
Funklord is not obligated to store or allow access to any user-generated
content, data, records, or other information.
No Class Actions
You agree that you may bring claims against Funklord only in your individual
capacity and not as a plaintiff or class member in any purported class or
No failure, delay or default in performance of any obligation of Funklord
shall constitute an event of default or breach to the extent that such
failure to perform, delay or default arises out of a cause, existing or
in the future, that is beyond the control and without negligence of
Funklord including, but not limited to: action or inaction of
governmental, civil or military authority; fire; strike; lockout or
other labor; war; terrorist act; zombie apocalypse; riot; theft; flood;
earthquake or other natural disaster.
Copyright and Trademark Information
The Materials are copyrighted and
protected by worldwide copyright laws and treaty provisions. You agree to
comply with all copyright laws worldwide in your use of the Materials and to
prevent any unauthorized copying of the Materials. Except as expressly
provided herein, Funklord does not grant any express or implied right to you
under any patents, trademarks, copyrights or trade secret information.
Funklord, Funklord.com, and all other trademarks
registered trademarks, unless otherwise noted, are owned or licensed by
Funklord. All other brand names, product names, or trademarks belong to
their respective holders.
If any provision of this document is found to be
unenforceable according to its terms by a court of competent jurisdiction,
all remaining provisions will continue in full force and effect.
The headings in this document are for convenience or
reference only and will
not govern the interpretation of the provisions.
International Users and Choice of Law
The Materials are controlled, operated and administered
from its offices within the United States of America. Funklord makes no
representation that the Materials are appropriate for use outside
of the United States and access to them from territories where their
contents are illegal is prohibited. You may not use or export the
Materials in violation of United States export laws and regulations. If you
access the Materials from locations outside of the United States, you are
responsible for compliance with all local laws.
The validity, construction and performance of this Agreement shall be governed
and construed in accordance with the laws of the State of Delaware, USA without
regard to the conflicts of laws provisions thereof, so there.