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,
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
For rules governing FunToNetwork GameServer, various games may have different or additional Official Rules posted in connection with those games.
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.
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.
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.
Please read the entire
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.
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.
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.
12. REMOVAL OF LINKS
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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 email@example.comFunToNetwork.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.
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.
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 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.
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.
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:
FunToNetwork’s agent for notice of claims of copyright infringement is
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Special terms apply for advertising on the FunToNetwork Network:
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:
For individual Products and Services Violations of these Terms and Conditions, please use the respective email addresses to contact the FunToNetwork Network:
Please read the entire
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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