User Agreement
Welcome to funsoon.com, a service for event planning and social networking. By using the services hosted at Funsoon.com (referred to in this document as Funsoon, we, or us), or by becoming a member of the Funsoon network, you certify that you have read, understand, agree, and are legally bound to the the User Agreement.
PLEASE READ THE USER AGREEMENT CAREFULLY AS IT CONTAINS INFORMATION REGARDING YOUR LEGAL RIGHTS , INCLUDING A DISPUTE RESOLUTION PROCEDURE AND LIMITATIONS TO YOUR LEGAL REMEDIES.
Eligibility
This site is intended for users who are over eighteen (18) years of age, or those over the age of thirteen (13) with a parent or legal guardian who consents to the User Agreement. By using Funsoon, you certify that you are either over the age of 18, or over the age of 13 and using the site with the legal consent of a parent or guardian. Membership is void where prohibited.
User Conduct
You understand and agree to the following restrictions on your use of Funsoon.
You agree that you will not upload or share material that violates the rights of Funsoon or any third party, including copyright, trademark, privacy, publicity or any other personal or proprietary rights; or that contains libelous, defamatory, or in any way unlawful material.
You agree that you will not use Funsoon in any unlawful or harmful manner, or in any manner that could damage or disable Funsoon.
You agree that you will not impersonate or falsely represent any person or entity, nor misrepresent yourself, your age, or your affiliation with any person or entity, or attempt to gain unauthorized access to the count of another person or entity.
You agree that you will not solicit personal information from anyone under 18, nor solicit passwords or personally identifying information for commercial purposes.
You agree that you will not use Funsoon to intimidate or harass a person or entity.
You agree that you will not upload, share, or otherwise make available unsolicited or unauthorized advertising, and that you will not collect email addresses or personal information using Funsoon for the purpose of unsolicited emails or communication.
FUNSOON, AT ITS SOLE DISCRETION, RESERVES THE RIGHT TO REMOVE ANY INFORMATION FROM YOUR PROFILE OR ACCOUNT WITH REASON, OR WITHOUT REASON, AND WITH NOTIFICATION OR WITHOUT NOTIFICATION. FUNSOON, AT ITS SOLE DISCRETION ALSO RESERVES THE RIGHT TO REVOKE YOUR MEMBERSHIP, WITH REASON OR WITHOUT REASON, AND WITH NOTIFICATION OR WITHOUT NOTIFICATION
Privacy Policy
Use of Funsoon is also governed by our Privacy Policy, which is incorporated into this agreement by reference.
Indemnity
You agree to Indemnify and hold Funsoon and its owners, associates, and employees harmless from any harm, loss, liability, claim, cost, or expenses, including reasonable attorney's fees arising from any user content on Funsoon, any content that you share using Funsoon, or from your use of any services on Funsoon, or for any violation of this agreement or the law by a third party.
Account Information and Security
You agree to accurate, current, and complete information about yourself that you are prompted to provide during registration. You also agree to preserve the security of your account and password, and to keep personal information updated so it remains accurate, current, and complete. You take full responsibility for your own actions using your account, as well as any actions others may take while using your account.
Proprietary Site Material
All content on Funsoon is the proprietary property of Funsoon, or of its users with rights reserved. You may not modify, copy, republish, display, download, transmit, or sell in whole or in part any of the content of Funsoon without prior written permission from Funsoon, except in the case of user posted content, where the same restrictions apply, but require the prior written permission of the author. If you are a member who has not violated the terms of service, you are granted a license to download and print a copy of any page to which you have legitimately gained access, solely for your personal use. Any use of site material outside of this specific purpose violates the User Agreement, and terminates the license. Such a infraction may also violate copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the User Agreement shall be construed as conferring any license to intellectual property rights. This license may be revoked at any time at the discretion of Funsoon, with or without cause.
Feedback
You agree that any questions, comments, suggestions, or feedback that you submit to Funsoon are non-confidential, and will become the full property of Funsoon. Funsoon will own all legal rights, including intellectual property rights, and may fully exercise these rights without acknowledgment or compensation to you.
Limitation on Liability
IN NO EVENT WILL FUNSOON OR ITS OWNERS, ASSOCIATES, OR EMPLOYEES BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA FROM YOUR USE OF FUNSOON, OR ANY SITES OR CONTENT ACCESSED THROUGH FUNSOON, EVEN IF FUNSOON IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SAID DAMAGES. FUNSOON'S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO FUNSOON, IF ANY, DURING THE TERMS OF MEMBERSHIP.
Copyright Issues
Funsoon adheres to U.S. and international law regarding intellectual property. Funsoon will promptly remove offending copyrighted material when we receive a Notification of Alleged Copyright Infringement, and terminate the accounts of repeat offenders as demanded in the Digital Millenium Copyright Act (DMCA). Copyright complaints should be submitted via the feedback bar. You will be able to file a counter notification as allowed by the DMCA if your material was removed by a Notification of Alleged Copyright Infringement.
Venue and Jurisdication
By visiting or using Funsoon, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the User Agreement and any dispute that may arise between you and Funsoon. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
Changes to the User Agreement or Privacy Policy
Funsoon may change the terms of the User Agreement or alter its privacy policy at any time. In the event this occurs, you will be notified by email or by redirection to a page on Funsoon, and asked to reaffirm your signature to the new User Agreement. The new User Agreement shall take force immediately and will supersede any previous User Agreement signed between you and Funsoon.
Arbitration
YOU AND FUNSOON AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THE USER AGREEMENT, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the User Conduct Agreement, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Funsoon will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THE USER AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Funsoon (including your visit to or use of the Funsoon) be instituted more than three (3) years after the cause of action arose.
Other
The User Agreement constitute the entire agreement between you and Funsoon regarding the use of the Site and/or the Service, superseding any prior agreements between you and Funsoon. The failure of Funsoon to exercise or enforce any right or provision of these User Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of the User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the User Agreement and shall not affect the validity and enforceability of any remaining provisions.
Welcome to funsoon.com, a service for event planning and social networking. By using the services hosted at Funsoon.com (referred to in this document as Funsoon, we, or us), or by becoming a member of the Funsoon network, you certify that you have read, understand, agree, and are legally bound to the the User Agreement.
PLEASE READ THE USER AGREEMENT CAREFULLY AS IT CONTAINS INFORMATION REGARDING YOUR LEGAL RIGHTS , INCLUDING A DISPUTE RESOLUTION PROCEDURE AND LIMITATIONS TO YOUR LEGAL REMEDIES.
Eligibility
This site is intended for users who are over eighteen (18) years of age, or those over the age of thirteen (13) with a parent or legal guardian who consents to the User Agreement. By using Funsoon, you certify that you are either over the age of 18, or over the age of 13 and using the site with the legal consent of a parent or guardian. Membership is void where prohibited.
User Conduct
You understand and agree to the following restrictions on your use of Funsoon.
You agree that you will not upload or share material that violates the rights of Funsoon or any third party, including copyright, trademark, privacy, publicity or any other personal or proprietary rights; or that contains libelous, defamatory, or in any way unlawful material.
You agree that you will not use Funsoon in any unlawful or harmful manner, or in any manner that could damage or disable Funsoon.
You agree that you will not impersonate or falsely represent any person or entity, nor misrepresent yourself, your age, or your affiliation with any person or entity, or attempt to gain unauthorized access to the count of another person or entity.
You agree that you will not solicit personal information from anyone under 18, nor solicit passwords or personally identifying information for commercial purposes.
You agree that you will not use Funsoon to intimidate or harass a person or entity.
You agree that you will not upload, share, or otherwise make available unsolicited or unauthorized advertising, and that you will not collect email addresses or personal information using Funsoon for the purpose of unsolicited emails or communication.
FUNSOON, AT ITS SOLE DISCRETION, RESERVES THE RIGHT TO REMOVE ANY INFORMATION FROM YOUR PROFILE OR ACCOUNT WITH REASON, OR WITHOUT REASON, AND WITH NOTIFICATION OR WITHOUT NOTIFICATION. FUNSOON, AT ITS SOLE DISCRETION ALSO RESERVES THE RIGHT TO REVOKE YOUR MEMBERSHIP, WITH REASON OR WITHOUT REASON, AND WITH NOTIFICATION OR WITHOUT NOTIFICATION
Privacy Policy
Use of Funsoon is also governed by our Privacy Policy, which is incorporated into this agreement by reference.
Indemnity
You agree to Indemnify and hold Funsoon and its owners, associates, and employees harmless from any harm, loss, liability, claim, cost, or expenses, including reasonable attorney's fees arising from any user content on Funsoon, any content that you share using Funsoon, or from your use of any services on Funsoon, or for any violation of this agreement or the law by a third party.
Account Information and Security
You agree to accurate, current, and complete information about yourself that you are prompted to provide during registration. You also agree to preserve the security of your account and password, and to keep personal information updated so it remains accurate, current, and complete. You take full responsibility for your own actions using your account, as well as any actions others may take while using your account.
Proprietary Site Material
All content on Funsoon is the proprietary property of Funsoon, or of its users with rights reserved. You may not modify, copy, republish, display, download, transmit, or sell in whole or in part any of the content of Funsoon without prior written permission from Funsoon, except in the case of user posted content, where the same restrictions apply, but require the prior written permission of the author. If you are a member who has not violated the terms of service, you are granted a license to download and print a copy of any page to which you have legitimately gained access, solely for your personal use. Any use of site material outside of this specific purpose violates the User Agreement, and terminates the license. Such a infraction may also violate copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the User Agreement shall be construed as conferring any license to intellectual property rights. This license may be revoked at any time at the discretion of Funsoon, with or without cause.
Feedback
You agree that any questions, comments, suggestions, or feedback that you submit to Funsoon are non-confidential, and will become the full property of Funsoon. Funsoon will own all legal rights, including intellectual property rights, and may fully exercise these rights without acknowledgment or compensation to you.
Limitation on Liability
IN NO EVENT WILL FUNSOON OR ITS OWNERS, ASSOCIATES, OR EMPLOYEES BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA FROM YOUR USE OF FUNSOON, OR ANY SITES OR CONTENT ACCESSED THROUGH FUNSOON, EVEN IF FUNSOON IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SAID DAMAGES. FUNSOON'S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO FUNSOON, IF ANY, DURING THE TERMS OF MEMBERSHIP.
Copyright Issues
Funsoon adheres to U.S. and international law regarding intellectual property. Funsoon will promptly remove offending copyrighted material when we receive a Notification of Alleged Copyright Infringement, and terminate the accounts of repeat offenders as demanded in the Digital Millenium Copyright Act (DMCA). Copyright complaints should be submitted via the feedback bar. You will be able to file a counter notification as allowed by the DMCA if your material was removed by a Notification of Alleged Copyright Infringement.
Venue and Jurisdication
By visiting or using Funsoon, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern the User Agreement and any dispute that may arise between you and Funsoon. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
Changes to the User Agreement or Privacy Policy
Funsoon may change the terms of the User Agreement or alter its privacy policy at any time. In the event this occurs, you will be notified by email or by redirection to a page on Funsoon, and asked to reaffirm your signature to the new User Agreement. The new User Agreement shall take force immediately and will supersede any previous User Agreement signed between you and Funsoon.
Arbitration
YOU AND FUNSOON AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THE USER AGREEMENT, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the User Conduct Agreement, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Funsoon will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THE USER AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Funsoon (including your visit to or use of the Funsoon) be instituted more than three (3) years after the cause of action arose.
Other
The User Agreement constitute the entire agreement between you and Funsoon regarding the use of the Site and/or the Service, superseding any prior agreements between you and Funsoon. The failure of Funsoon to exercise or enforce any right or provision of these User Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of the User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the User Agreement and shall not affect the validity and enforceability of any remaining provisions.