Terms and Conditions


Legal Information

GENERAL TERMS AND CONDITIONS

INTRODUCTION AND TABLE OF CONTENTS
Welcome to our family of Networks, owned and produced by Robert R. Brown and any subsidiary and affiliate sites, successors, and assigns (collectively referred to as “FunToNetwork”). The FunToNetwork Network currently consists of various web pages at or linked to the URLs and may or may not be active at this current time. In addition some sites may be powered by third parties and the Privacy Policies will be discussed in this document.aretheythinking.com,
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tengear.com,Is collectively referred to as the “FunToNetwork Network,” which may expand or change from time to time). The FunToNetwork Network provides leading Web search and navigation, communications and personalization tools, great massively-multiplayer real-time games with cash prizes, homepage building and Web community services, a cutting-edge shopping center and more. Integrated, these sites help each individual user locate, retrieve and manage information tailored to his or her personal interests. Unless explicitly stated otherwise, any new Products and Services (as defined below), including the addition of new FunToNetwork Network properties shall be subject to these Terms and Conditions.

Any other domains not listed above are parked by TenGear.com and may or may not follow these guidelines as far as handling your contact information. You must contact the owner of the domain name directly for their policy.

FunToNetwork makes available a variety of products and services through the FunToNetwork Network (collectively, the “Products and Services”) subject to these General Terms and Conditions (“Terms and Conditions”). In addition, there are a variety of special products and services offered through the FunToNetwork Network that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the FunToNetwork Network that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. FunToNetwork also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of the FunToNetwork Network. In addition, the FunToNetwork Network also may offer other services from time to time that are governed by the terms of service of the respective service partners.

Because the Terms and Conditions contain legal obligations, please read them carefully.

Please direct any legal questions to:

General Counsel
Legal@FunToNetwork.com

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.


1.  



Acceptance


2.  



Conditions and Restrictions on Use


3.  



Registration and Privacy


4.  


Responsibility for Minors

5.  


Parental Controls and Child Safety

6.  

Member And User Conduct

7.  


License to User Content

8.  


GameServer

9.  


FunToNetwork Desktop

10.  


Mail

11.  


Shopping

12.  


Web Publishing

13.  


Anti-Phishing Toolbar

14.  


Disclaimer of Warranties

15.  


Limitation of Liability

16.  


Removal of Links

17.  


Disclaimer Regarding Third Party Content

18.  


Storage

19.  


Disclaimer Regarding Multimedia Search and Other Pictures, Movies, Streams and Sounds Located Through the FunToNetwork Network Search Services

20.  


The FunToNetwork Network Image Gallery Disclaimer

21.  


Tax Guides Disclaimer

22.  


Investment Information Disclaimer

23.  


Professional Information Disclaimer

24.  


Open Directory Disclaimer

25.  


Advertisers and Content Linked to the FunToNetwork Network

26.  


The FunToNetwork Network Logos and Search Boxes

27.  


No License; Intellectual Property Rights of FunToNetwork and Others

28.  


Indemnity and Release

29.  


Limitation of Action

30.  


Copyright, Trademark, and Patent Notices

31.  


Claims of Copyright Infringement

32.  


Arbitration, Governing Law, and Forum for Disputes

33.


Changes in Terms and Conditions and Changes in Products and Services

34.  


Merger

35.  


Non-Waiver and Separability

36.  


Relationship of Parties

37.  


No Resale, Assignment, or Sublicensing

38.  


Successors and Assigns

39.  


Termination; Survival

40.  

Communication with Users

41.  


Submissions of Ideas

42.  

Export Controls

43.  


Standard Advertising Terms and Conditions

44.  

Violation of Terms and Conditions



1.   ACCEPTANCE

By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual FunToNetwork Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.


2.   CONDITIONS AND RESTRICTIONS ON USE

Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that FunToNetwork may terminate your access to the FunToNetwork Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by FunToNetwork. Any such termination shall be in FunToNetwork’ sole discretion and may occur without prior notice, or any notice. FunToNetwork further reserves the right to terminate any user’s access to the FunToNetwork Network or to any of the Products and Services for any conduct that FunToNetwork, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to FunToNetwork or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. FunToNetwork further reserves the right to terminate any user’s access to the FunToNetwork Network or to any of the Products and Services for any reason or for no reason at all, in FunToNetwork’ sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.FunToNetwork.com/ or another of the URLs associated with the FunToNetwork Network. Be aware that the majority of the FunToNetwork Network is for general audiences, although there are certain areas on the FunToNetwork Network that contain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of the FunToNetwork Network not open to persons under 18 years of age. With respect to general audience content, if FunToNetwork learns that anyone under the age of 13 has accessed the Products and Services, FunToNetwork will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the FunToNetwork Network, however, may not be available to children under 13 under any circumstances.

FunToNetwork does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.


3.  REGISTRATION AND PRIVACY

Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various FunToNetwork Network registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FunToNetwork has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FunToNetwork has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All FunToNetwork Network registrations become the exclusive property of FunToNetwork, its affiliates and subsidiaries. FunToNetwork reserves the right to use and reuse all registration and other personally identifiable user information subject to the FunToNetwork Network Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the FunToNetwork Network Privacy Policy and at individual FunToNetwork Network sites.

You acknowledge receipt of FunToNetwork Network Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on the FunToNetwork Network.


4.  RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE FUNTONETWORK NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.


5.  PARENTAL CONTROLS AND CHILD SAFETY

Certain material available on the Internet is not appropriate for minors. To prevent or limit your children’s access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available. To review our Notice Regarding the Privacy of Children Under 13 While on the FunToNetwork Network, click here.


6.  MEMBER AND USER CONDUCT

Upon registering, you will receive a password and FunToNetwork Network ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify FunToNetwork of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The FunToNetwork Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the FunToNetwork Network, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The FunToNetwork Network does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the FunToNetwork Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, FunToNetwork does not pre-screen user or third party Content posted on the FunToNetwork Network, except for certain areas where FunToNetwork employs certain automated screening software, although FunToNetwork reserves the right to do so. FunToNetwork does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. FunToNetwork reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by FunToNetwork.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of site building software on the FunToNetwork Network is to maintain, publish and produce web sites on the FunToNetwork Network that are consistent with these terms and conditions.


Prohibited Conduct


You agree that you will not use FunToNetwork Network Products and Services to:

 

  1. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
  4. Harm minors in any other way.
  5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
  6. “Stalk” or otherwise harass another.
  7. Collect or store personally identifying information about other users for commercial or unlawful purposes.
  8. Impersonate any person or entity, including, but not limited to, a FunToNetwork Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  9. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
  10. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  11. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  12. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    1. Making available copyrighted software or other Content that has had the copyright protection removed.
    2. Making available serial numbers for software that can be used to illegally validate or register software.
    3. Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
    4. Making available any software files for which the user does not own the copyright or have the legal right to make available.
  13. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
  14. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the FunToNetwork Network.
  15. Use automated means, including additional computers, software and scripts, to enhance play in FunToNetwork Network games and promotions.
  16. Use automated means, including spiders, robots, crawlers, or the like to download data from any FunToNetwork Network database.
  17. Conduct your own contests and promotions.
  18. Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
  19. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any FunToNetwork database, including, without limitation, by incorporating data from any FunToNetwork database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
  20. Sell, distribute, or make any commercial use of data obtained from any FunToNetwork database or make any other use of data from any FunToNetwork database in a manner which could be expected to offend the person for whom the data is relevant.
  21. Create and maintain a FunToNetwork Network web page that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a FunToRace.com home page, post pictures to the FunToRace.com home page, and have other web pages call the FunToRace.com home page page to retrieve those pictures.
  22. Create and maintain a FunToNetwork Network web page that contains hyperlinks to content not permitted on the FunToNetwork Network.
  23. Disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
  24. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
  25. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  26. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
  27. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  28. Disobey any FunToNetwork employee or representative or interfere with any action by any FunToNetwork employee or representative to redress any violation of these Terms and Conditions.
  29. Access the Products and Services after your account or access has been terminated by FunToNetwork.
  30. Fail to complete any transaction after submitting an order to purchase any goods or services from individual Merchants in FunToNetwork Shop or from any seller in FunToNetwork Auctions, subject to the individual Merchant’s or seller’s terms and conditions governing such transactions.
  31. Submit any order to purchase goods or services from individual Merchants in FunToNetwork Shops or from any seller in FunToNetwork Auctions where you do not intend to complete the transaction.
  32. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
  33. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of FunToNetwork or the party from whom such software may be licensed.
  34. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
  35. Engage in manipulative bidding through FunToNetwork Auctions, such as by making bids solely for the purpose of instigating other bidders to withdraw bids and then retracting your bid to bid at a lower price or by using multiple accounts to drive up bidding on items you are offering for sale.
  36. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
  37. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the FunToNetwork Network community or the spirit of these Terms and Conditions.
  38. Advertise, offer for sale, or sell any of the following items:
  • Any firearms, explosives, or weapons.
  • Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
  • Any alcoholic beverages.
  • Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
  • Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
  • Any controlled substances or pharmaceuticals.
  • Any items that are counterfeit or stolen.
  • Any dangerous items.
  • Any goods or services that do not, in fact, exist.
  • Any registered or unregistered securities.
  • Any items that violate or infringe the rights of other parties.
  • Any items that you do not have the legal right to sell.
  • Any items where paying FunToNetwork any of the required transactional or listing fees would cause FunToNetwork to violate any law.

You acknowledge and agree that the FunToNetwork Network and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation FunToNetwork and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by FunToNetwork, in its sole discretion. FunToNetwork may also terminate access to, or membership in, the FunToNetwork Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the FunToNetwork Network, including without limitation, information posted on message boards.

You expressly acknowledge and agree that the FunToNetwork Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FunToNetwork, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by FunToNetwork with regard to its users may be disclosed in accordance with FunToNetwork’s Privacy Policy.

FunToNetwork also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a FunToNetwork Mail account may be terminated or suspended if a user fails to sign-in to the FunToNetwork Mail Service for an extended period of time; please see the FunToNetwork Mail Help section for more information regarding FunToNetwork Mail’s policies concerning account termination. What is considered “user inactivity” varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.


7.   LICENSE TO USER CONTENT

With respect to any Content posted by or in connection with the Products and Services, you grant FunToNetwork a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the FunToNetwork Network. Such license shall apply with respect to any form, media, or technology now known or later developed.


8.   GAMESERVER NOTICE AND DISCLAIMER

For rules governing FunToNetwork GameServer, various games may have different or additional Official Rules posted in connection with those games.


9.  FunToNetwork Desktop

FunToNetwork offers the FunToNetwork Desktop search tool for download. The use of such software is governed by the FunToNetwork Desktop License Agreement. By clicking the “I accept” button in the FunToNetwork Desktop, or by using the software, you agree to abide by the terms of that agreement.

As more fully described in the license agreement: you may only use the software for your personal, non-commercial use; you may not reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the software; you may not copy, distribute, publicly display, or publicly perform the software other than as expressly permitted; the software is supplied “as is” and all use is at your own risk; FunToNetwork disclaims all liability arising from or relating to the software; FunToNetwork disclaims all representations or warranties, including without limitation, implied warranties of fitness for particular purpose, merchantability, noninfringement of proprietary rights, or any representation or warranty that the operation of the software will be uninterrupted, timely, or error-free.

If you wish to uninstall the software, begin by clicking on the “start” button in the lower left corner of your screen, then select settings, control panel, add/remove programs. Next, highlight the software that you wish to remove (i.e. “FunToNetwork Desktop”) and click on “Change/Remove.” If you need further assistance with uninstalling the software, please contact us.


10.   MAIL

FunToNetwork offers subscription and unpaid versions of its electronic mail services. For users of the unpaid mail services, FunToNetwork reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive. Specifically, FunToNetwork reserves the right, in its sole discretion, to delete any materials (including emails) stored in connection with an unpaid FunToNetwork Mail account if the user’s account has been inactive for thirty (30) days. If you subscribe to FunToNetwork Mail, you agree to be bound by the subscription agreement.


11.   SHOPPING

FunToNetwork Shopping (“FunToNetwork Shopping Sites”) is made available only to those users who are of the legal age of consent in their jurisdiction. You may not use FunToNetwork Shopping if you have not reached that age or, in any event, if you are less than eighteen (18) years old. You may only use FunToNetwork Shopping if you are a United States resident and may only use FunToNetwork Shop from locations within the United States for transactions to be completed within the United States. By accepting these Terms and Conditions, you represent and warrant that you are a United States resident and are using FunToNetwork Shopping at a location within the United States for a transaction to be completed within the United States.

Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

By submitting an order to purchase any goods or services from individual Merchants, users are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.

Each user may use one password and may not use additional passwords. Each user is required to use his or her password for his or her own use only. Users may not permit others to use their passwords.

Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

FunToNetwork has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through FunToNetwork Shopping or with any user of FunToNetwork Shopping. FunToNetwork cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can FunToNetwork confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements through FunToNetwork Shopping will act in accordance with those statements. FunToNetwork will not get involved in any dispute between users of the Service and Merchants accessible through FunToNetwork Shopping.

LIKE OTHER AREAS OF THE FUNTONETWORK NETWORK PRODUCTS AND SERVICES, YOUR USE OF FUNTONETWORK SHOPPING IS SUBJECT TO THE CAPITALIZED LANGUAGE SET FORTH ABOVE REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY. PLEASE RE-READ THOSE PROVISIONS CAREFULLY.

As with all other aspects of the Products and Services, by using FunToNetwork Shopping, you hereby agree that you shall be responsible for all tax obligations and costs that arise from or relate to your use of FunToNetwork Shopping, including, without limitation, tax obligations and costs for any transactions that arise from or relate to your use of FunToNetwork Shopping.


12.  WEB PUBLISHING


In General

. FunToNetwork offers versions of Web services that are free of charge, exclusive of Internet or other telecommunications and computer equipment charges and fees. Any aspect of such services may be modified by FunToNetwork for any reason or for no reason at all, in FunToNetwork’ sole discretion, without prior notice, or any notice. FunToNetwork allows one unpaid membership per individual with a legitimate electronic mail address. If a user of the unpaid version does not build a homepage within twenty eight (28) days after registering for such service, FunToNetwork may delete such member’s account. FunToNetwork also offers subscription versions of the services. If you subscribe to such services, you agree to be bound by the subscription agreement.


Services License

. By submitting a web page to the unpaid versions, or any other unpaid web page hosting service on the FunToNetwork Network, you grant FunToNetwork a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user’s web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within the FunToNetwork Network. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user’s membership with the particular FunToNetwork Network service. In the event that such membership is terminated, FunToNetwork will relinquish all rights to the user’s Content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated. You acknowledge and agree that FunToNetwork runs advertisements on the web pages of its users of unpaid services and grant FunToNetwork the right to do so. These advertisements may include, without limitation, “banner” advertisements and “pop-up text” advertisements. The manner, mode, and extent of such advertising are subject to change.


Advertisements

. You acknowledge and agree that FunToNetwork runs advertisements on the web pages of its users of unpaid services and grant FunToNetwork the right to do so. These advertisements may include, without limitation, “banner” advertisements and “pop-up text” advertisements. The manner, mode, and extent of such advertising are subject to change.

Please read the entire

Terms and Conditions

as all FunToNetwork Network properties, Products and Services are subject to these Terms and Conditions.


13.  ANTI-PHISHING TOOLBAR

FunToNetwork offers an online toolbar that provides anti-phishing protection. This toolbar and the anti-phishing protection are provided by a third-party licensor. The product is designed to alert users to Websites that may be phishing websites, that is, sites that attempt to deceive users into disclosing credit card information and other valuable information. However, FunToNetwork and its licensors make no representations that the toolbar will detect all phishing Websites or that a site identified by the toolbar as a phishing site is in fact such a site. FunToNetwork and its licensors disclaim any liability from your use of the toolbar or for your use of any third party site. Users of the toolbar may be offered subscription and/or insurance services. These services are provided by a third party and FunToNetwork and its licensors shall have no involvement or liability with such services. To uninstall the toolbar, click the “Start” menu, select “Control Panel,” and then select “Add or Remove Programs.” Select “FunToNetwork securitybar,” then click the “Remove” button.


14.  DISCLAIMER OF WARRANTIES


THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FUNTONETWORK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, FUNTONETWORK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. FUNTONETWORK SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNTONETWORK DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. FUNTONETWORK DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. FUNTONETWORK DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. FUNTONETWORK MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY FUNTONETWORK.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.


15.  LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL FUNTONETWORK OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF FUNTONETWORK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FUNTONETWORK NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE FUNTONETWORK NETWORK.

UNDER NO CIRCUMSTANCES SHALL FUNTONETWORK OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.


16.   REMOVAL OF LINKS

12.   REMOVAL OF LINKS
The FunToNetwork Network occasionally receives requests from people to remove links from the FunToNetwork Network search services. Although the FunToNetwork Network reserves the right to address such requests individually, the general approach that the FunToNetwork Network takes reflects the following principles: The catalogs and databases used in connection with the FunToNetwork Network search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, the FunToNetwork Network cannot and does not screen anything made available through the FunToNetwork Network search services’ catalogs and databases. In other instances, the FunToNetwork Network makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in the FunToNetwork Network are compiled by third parties through automated processes. However, if the operator of the site does not take steps to prevent it (i.e. make use of the Robots.txt file or Robots Meta tags), the automatic facilities used to create the catalogs and databases are likely to find it and index it again in a relatively short amount of time.


17.  DISCLAIMER REGARDING THIRD PARTY CONTENT

The FunToNetwork Network offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, FunToNetwork has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the FunToNetwork Network or provided to the FunToNetwork Network by third parties, FunToNetwork may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the FunToNetwork Network from such sources is developed by people over whom the FunToNetwork Network exercises no control. The search results that appear from the catalogs indexed by the FunToNetwork Network’s spiders or web robots are automated, and the FunToNetwork Network cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by the FunToNetwork Network are posted by third parties, and, with the exception of certain automated screening functions, FunToNetwork cannot and does not screen such web pages before they are made accessible to other users of the FunToNetwork Network. Accordingly, neither the FunToNetwork Network nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the FunToNetwork Network web sites or in any web page hosted for a third party within the FunToNetwork Network. In instances where the FunToNetwork Network does review the sites that are displayed in directories, indices, and/or references, or where the FunToNetwork Network makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by FunToNetwork, if any, is narrowly limited to that which is necessary for compiling the particular set of links.


18.   STORAGE

Many features of the FunToNetwork Network store information on behalf of users. Examples include, but are not limited to, email messages, chat, web pages, message boards, calendar functions, and postings on FunToNetwork Auctions. FunToNetwork reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive.


19.  DISCLAIMER REGARDING MULTIMEDIA SEARCH AND OTHER PICTURES, MOVIES, STREAMS AND SOUNDS LOCATED THROUGH THE FUNTONETWORK NETWORK SEARCH SERVICES

Pictures, movies, streams, and sounds (the “Multimedia Content”) located through the FunToNetwork Multimedia Search and other FunToNetwork Network search services are protected by copyright and/or other intellectual property laws. FunToNetwork does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the FunToNetwork Network, all of the Multimedia Content contained on such sites is owned and served by entities other than the FunToNetwork. The FunToNetwork Network provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through our site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Multimedia Content for permission to use the Multimedia Content.


20.   FUNTONETWORK NETWORK IMAGE GALLERY

LIMITED LICENSE: Use of the FunToNetwork Image Gallery indicates your acceptance of the following terms and conditions and the FunToNetwork Network Terms and Conditions. The images made available through the FunToNetwork Image Gallery are copyrighted images which may also be subject to certain other legal rights. You may only utilize each image for personal, home use or for any of the following purposes: criticism, comment, news reporting, teaching (includes multiple copies for classroom use), scholarship or research. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither FunToNetwork nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on the FunToNetwork Image Gallery.


21.  TAX GUIDES DISCLAIMER

The Tax Guides found on the FunToNetwork Network include facts, views, opinions, services and recommendations of individuals and organizations deemed of interest. The FunToNetwork Network does not give tax or investment advice and FunToNetwork in no way endorses any of the information in the Tax Guides. IF YOU INTEND TO USE THE TAX GUIDES, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance to you. The FunToNetwork Network makes the Tax Guide available subject to all of its Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above. FunToNetwork STRONGLY SUGGESTS THAT YOU CONTACT YOUR OWN TAX ADVISOR IF YOU HAVE ANY QUESTIONS ABOUT THE TAX LAWS OR REGULATIONS, OR ABOUT YOUR PARTICULAR TAX LIABILITY.


22.  INVESTMENT INFORMATION DISCLAIMER

The FunToNetwork Network makes available certain investment information from third party information providers (the “Investment Information Providers”). In addition, certain investment information is made available through chat areas, message boards, clubs, and BBS forums concerning investments and securities. Neither FunToNetwork, nor any of its affiliates or Investment Information Providers, nor any of their respective officers, employees, directors, or agents: (1) passes on the merit of any of the investments or companies listed in the Products or Services or (2) endorses or sponsors any of the investments or companies listed in the Products or Services.

IF YOU INTEND TO USE ANY INVESTMENT-RELATED INFORMATION ACCESSED THROUGH THE PRODUCTS AND SERVICES, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. The FunToNetwork Network makes this information available subject to all of its Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above. THIS DISCLAIMER OF WARRANTIES AND THIS LIMITATION OF LIABILITY SHALL APPLY TO BOTH THE FUNTONETWORK NETWORK AND THE INFORMATION PROVIDERS.

Investing in securities carries certain risks, and neither FunToNetwork nor the Investment Information Providers shall be responsible for any investment losses incurred in reliance on information provided on the FunToNetwork Network. ADVICE FROM YOUR OWN FINANCIAL ADVISOR IS STRONGLY RECOMMENDED. The information and design of this service are owned by FunToNetwork and/or the Information Providers. Except for single temporary copy in a single computer’s memory or another fair use under applicable copyright laws, the information contained herein may not otherwise be used (not copied, performed, distributed, rented, sublicensed, altered, stored for subsequent use, etc., in whole or in part, in any manner) without FunToNetwork’ and the Information Providers’ express prior written consent.

When using chat rooms, message boards, clubs, and BBS forums concerning investments and securities investors should be wary and cautions of any information they find. Information obtained through these sources, or through any other aspect of the Products and Services, cannot be a substitute for independent research into particular companies, industries, and investments. Investment or trading decisions should not be based on information obtained through chat rooms, message boards, or BBS discussions. The people who make such information available in such forums may not be who they claim to be or may not be affiliated with whom they claim to be. The information they make available may be incorrect, either because of mistakes or, unfortunately, because of intentional deceit. FunToNetwork disclaims all responsibility and liability for the Content and its accuracy. The Content is provided solely for the entertainment of users.


23.  PROFESSIONAL INFORMATION DISCLAIMER

The FunToNetwork Network makes available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. The FunToNetwork Network does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through the FunToNetwork Network is made available subject to The FunToNetwork Network’ Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above.

THE FUNTONETWORK NETWORK STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.


24.  OPEN DIRECTORY DISCLAIMER

The FunToNetwork Network makes available certain content through the Open Directory. The directories, and the underlying content, are created entirely by other parties and are solely the responsibility of such other parties. Consequently, FunToNetwork cannot, and does not, represent or warrant the reliability, accuracy, and truthfulness of that content. Although periodically FunToNetwork may attempt to verify the accuracy of information in the Open Directory, neither the FunToNetwork Network nor its agents shall be held liable for any technical inaccuracies, typographical errors or inaccuracies in the links or any information in the Open Directory. In addition, the FunToNetwork Network has no control over whether that content is of a nature that users will find inoffensive, tasteful and otherwise acceptable. The FunToNetwork Network has NO responsibility for such content; rather, it is merely providing access to such content as a service to you. Just as when you purchase a product or service in any setting, you should exercise appropriate discretion, good judgment and caution in accessing content on the Open Directory and in taking any actions based upon that content. You bear all risk associated with any content that you access. Your accessing of any content through the Open Directory service is subject to your agreement to these

Terms and Conditions

. If you proceed to use the Open Directory, you thereby agree to be bound by these

Terms and Conditions

. The disclaimer of warranties and limitation of liability set forth in capitalized letters above apply to the Open Directory.


25.  ADVERTISERS AND CONTENT LINKED TO THE FUNTONETWORK NETWORK

FunToNetwork may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the FunToNetwork Network to access third-party material or by bringing the third party material into this site via “inverse” hyperlinks and framing technology. FunToNetwork has no control over such sites and resources. You acknowledge and agree that FunToNetwork is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FunToNetwork shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FunToNetwork Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FunToNetwork shall not be 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 such advertisers on the Product and Services.

FunToNetwork encourages you to exercise discretion while using the Products and Services to browse the Internet. FunToNetwork may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. FunToNetwork makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the FunToNetwork Network web sites. FunToNetwork shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the FunToNetwork Network’ search results or otherwise linked to the FunToNetwork Network web sites or provided to the FunToNetwork Network by third parties.


26.  THE FUNTONETWORK NETWORK LOGOS AND SEARCH BOXES


    1. Linking to the FunToNetwork Network

The FunToNetwork Network offers a non-assignable, non-transferable, and non-exclusive license to link to the FunToNetwork Network’ web sites, using the FunToNetwork Network logos and search boxes, subject to the following provisions. The FunToNetwork Network logos and search boxes may be placed on a Web site for the sole purpose of creating a link to the FunToNetwork Network and allowing users of your site to access the Products and Services on the FunToNetwork Network. The FunToNetwork Network logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the FunToNetwork Network. The FunToNetwork Network logos and search boxes may only be used in accordance with the instructions found at the downloads link for the logos, and may only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The FunToNetwork Network logos and search boxes may not be altered in any manner. The FunToNetwork Network logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The FunToNetwork Network logos and search boxes may not be used to disparage the FunToNetwork Network, its products or services, or in a manner which, in FunToNetwork’s reasonable judgment, may diminish or otherwise damage FunToNetwork’s good will in the FunToNetwork Network logos. By using any such FunToNetwork Network logo or search box, you acknowledge that the FunToNetwork Network has exclusive rights to the logo or search box, and that all good will generated through your use of the logo or search box will inure to the benefit of the FunToNetwork Network. If you use the FunToNetwork Network logos or search boxes, you must include appropriate attribution, for example: “FunToNetwork® is a registered trademark of FunToNetwork.com, licensed to FunToNetwork, LLC.” FunToNetwork reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. FunToNetwork reserves the right to take action against any use that does not conform to these provisions.


    1. Permissions

If you would like permission to use any FunToNetwork trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please review the FunToNetwork Trademark Usage Guidelines.

Once you have reviewed our Guidelines, please email the Permissions Agent at permissions@corp.terraFunToNetwork.com, specifying from which Product or Service you would like to use information. The Permissions Agent will contact you with the Permission Form. Your request will be processed once we receive your completed Permission Form. Please note that FunToNetwork grants permission only on a per-item, per-project basis.

Your request will be processed once we receive your completed Permission Form. You will typically receive a response within ten (10) business days. If your request is approved, that approval will be expressly subject to the above-referenced Guidelines as well as all additional terms set forth in FunToNetwork’ Permission Approval Letter.

Approved FunToNetwork Network logos and search boxes may be downloaded and used to link to the FunToNetwork Network, without specific, written permission.

Please do not call or contact our Registered Copyright Agent with any Permission requests.


27.  NO LICENSE; INTELLECTUAL PROPERTY OF FUNTONETWORK AND OTHERS

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the FunToNetwork Network’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the FunToNetwork Network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of FunToNetwork and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by FunToNetwork in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by FunToNetwork, any of FunToNetwork’ affiliates, or any of FunToNetwork’ service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the FunToNetwork Network of any purpose other than the purpose for which such Content is made available to users by FunToNetwork. You agree not to defame or disparage FunToNetwork, the trademarks or service marks of FunToNetwork, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the FunToNetwork Network.


28.  INDEMNITY AND RELEASE

By using the FunToNetwork Network web sites you agree to indemnify FunToNetwork, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the FunToNetwork Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to FunToNetwork or from any person’s use of any account or password you maintain with any portion of the FunToNetwork Network, regardless of whether such use is authorized by you. By using the FunToNetwork Network, using the Products and Services, or submitting any ideas and/or related materials to FunToNetwork, you are hereby agreeing to release FunToNetwork and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to FunToNetwork.


YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES


“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”


29.  LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the FunToNetwork Network or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.


30.  COPYRIGHT, TRADEMARK, AND PATENT NOTICES

Copyright

©

2006 FunToNetwork, Inc. Portions Copyright

©

The trademarks and service marks mentioned at the begining of this documnet are owned by FunToNetwork, LLC. and its subsidiaries:All other marks that appear throughout the Products and Services belong to FunToNetwork, LLC. members of the FunToNetwork Network, or the respective owners of such marks, and are protected by U.S. and international law. Any use of any of the marks appearing throughout the Products and Services without the express written consent of FunToNetwork, Inc. or the owner of the mark, as appropriate, is strictly prohibited.


31.  CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the FunToNetwork copyright agent with a notification containing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing, and the URL and other information reasonably sufficient to permit us to locate the material.
  4. Your name, address, telephone number, and email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

FunToNetwork’s agent for notice of claims of copyright infringement is

Email address:
copyright@FunToNetwork.com

It is the policy of FunToNetwork, in appropriate circumstances, to disable and/or terminate the accounts of users who engage in repeated copyright infringement.

FunToNetwork reserves the right to transmit the notification to the user of the site containing the allegedly infringing material. FunToNetwork also reserves the right to transmit any counternotification to the complaining party.


32.  ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New York applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Rochester, New York, and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of New York shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in New York with respect to all such disputes.


33.   CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES

The FunToNetwork Network reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The FunToNetwork Network reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.


34.  MERGER

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between FunToNetwork’ representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual FunToNetwork Network web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.


35.  NON-WAIVER AND SEPARABILITY

FunToNetwork’ failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.


36.  RELATIONSHIP OF PARTIES

You acknowledge and agree that you and FunToNetwork are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.


37.  NO RESALE, ASSIGNMENT, OR SUBLICENSING

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of FunToNetwork.


38.  SUCCESSORS AND ASSIGNS

Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.


39.  TERMINATION; SURVIVAL

These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by FunToNetwork. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.


40.  COMMUNICATIONS WITH USERS

You consent to receive communications from FunToNetwork concerning your use of the Products and Services (“Communications”). The Communications may be those that FunToNetwork is required to send to you by law concerning the Products and Services (“Required Communications”). The Communications may also be those that FunToNetwork sends to you for other reasons. You consent to receive Communications electronically. FunToNetwork may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the FunToNetwork Network. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which FunToNetwork sends Communications by visiting your account information page.

For a period of 120 days from the date that FunToNetwork first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to customerservice@FunToNetwork.com. FunToNetwork may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then FunToNetwork reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.

In order to receive Required Communications, you must provide FunToNetwork, upon registration with the FunToNetwork Network, a valid email address to which FunToNetwork may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. FunToNetwork will provide notice of any changes to these requirements.


41.  SUBMISSIONS OF IDEAS

The FunToNetwork Network is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the FunToNetwork Network, we would like to hear them — but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO FUNTONETWORK BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO FUNTONETWORK, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO FUNTONETWORK THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT FUNTONETWORK IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY FUNTONETWORK, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.


42.  EXPORT CONTROLS

Certain software, and related documentation or technical information, available through the FunToNetwork Network is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce’s Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.


43.   STANDARD ADVERTISING TERMS AND CONDITIONS

Special terms apply for advertising on the FunToNetwork Network:


FunToNetwork Network Advertising Terms and Conditions


FunToNetwork AdBuyer Terms and Conditions


44.  VIOLATIONS OF TERMS AND CONDITIONS

Should you violate these Terms and Conditions or any other rights of FunToNetwork and the FunToNetwork Network, FunToNetwork reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the FunToNetwork Network web sites.

If you are aware of any violations of these Terms and Conditions, please report them to:

Email Address:
abuse@funtonetwork.com

For individual Products and Services Violations of these Terms and Conditions, please use the respective email addresses to contact the FunToNetwork Network:


Messageboards


communities@FunToNetwork.com


Web pages

abuse@funtonetwork.com

Please read the entire

Terms and Conditions

, as all FunToNetwork Network properties, Products and Services are offered subject to these Terms and Conditions.

We hope your enjoyment of FunToNetwork’ Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the FunToNetwork community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.

Last updated Oct 16, 2006.

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