Terms of Use
Overview
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.
Limited License
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 automated way. Funklord may terminate or place on hold your access to the Materials to protect you, Funklord, or our partners from suspected fraudulent or illegal activity. Funklord is not obligated to credit or discount any accounts placed on hold due to suspected fraudulent or illegal activity.
Disclaimer
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
YOU AGREE 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.
Changes
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.
Third-Party Resources
The Materials 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.
Account Standing
Funklord 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 representative proceeding.
Force Majeure
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 and/or registered trademarks, unless otherwise noted, are owned or licensed by Funklord. All other brand names, product names, or trademarks belong to their respective holders.
Severability
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.
Headings
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 by Funklord 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.
Governing Law
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.
Copyright (c) 2022 funklord.com
Privacy|Terms of Use