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:
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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;
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harm minors in
any way |
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forge headers or
otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
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upload, post,
email or otherwise transmit any Content that you do not have a right
to transmit.
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upload, post,
email or otherwise transmit any Content that infringes any
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party.
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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.
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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:
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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.
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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.
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| 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.
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| 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.
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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.
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