Terms of Service for Funtoosh.com

1. ACCEPTANCE OF TERMS

Welcome to Funtoosh.com!. Funtoosh provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.funtoosh.com/terms.htm

2. DESCRIPTION OF SERVICE

Funtoosh.com currently provides users with access to a rich collection of on-line jokes, including, various download's, online forums, through its network of sites (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Funtoosh Services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Funtoosh.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure of service.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Funtoosh.com has created certain areas on the site that contain  mature content. You must be at least 18 years of age to access and view such areas.

3. FUNTOOSH.COM PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.funtoosh.com/policy.htm

4. MEMBER CONDUCT 

Funtoosh.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Funtoosh.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You agree to not use the Service to:
a. upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
d. upload, post, email or otherwise transmit any Content that you do not have a right to transmit.
e. upload, post, email or otherwise transmit any Content that infringes any trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
f. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
g.

upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, "stalk" or otherwise harass another

You acknowledge that Funtoosh and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Funtoosh and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

5. PUBLIC CONTENT POSTED TO FUNTOOSH.COM

 For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include Message Boards, Chat. Funtoosh.com does not take any responsibility for the content posted on these public accesssible areas.

6. INDEMNITY

You agree to indemnify and hold Funtoosh, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to failure of this service, your use of the Service, your connection to the Service.

7. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Funtoosh.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that postcard messages, message board postings or other uploaded Content will be retained by the Service, You acknowledge that Funtoosh.com reserves the right to remove unread postcard or read postcards that are inactive for an extended period of time. You further acknowledge that Funtoosh reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. MODIFICATIONS TO SERVICE

Funtoosh reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Funtoosh.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Funtoosh.com has no control over such sites and resources, you acknowledge and agree that Funtoosh 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 Funtoosh.com 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.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUNTOOSH.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. FUNTOOSH.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNTOOSH.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNTOOSH.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES  RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE 
(ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE.