SPECIAL NOTE FOR FUNGOPLAY.COM VISITORS
This is a legal agreement, and it is very important that you understand exactly what you are agreeing to when you become a FUNGOPLAY LLC member. Please review the following terms and conditions of use ("Terms of Service" or "Agreement") carefully before accessing, utilizing or before you click the "I AGREE" button below, and please inquire about anything you do not understand. If you are not 18 years of age, have your parents review these Terms of Service and assist you to create and register a user account. By clicking on the "I AGREE" button below, you are signifying your acknowledgement, acceptance and agreement to these Terms of Service. Therefore, if you do not agree to these Terms of Service, click the "CANCEL" button and DO NOT set up a user account or otherwise access, utilize or play the games available at FunGoPlay.com. If you have any questions about this agreement, you can reach us at info@FunGoPlay.com.
The Website and Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on FunGoPlay.com, each of which is incorporated by reference and each of which may be updated by FGP from time to time without notice to you. In addition, some services offered through the Website or Service may be subject to additional terms and conditions promulgated by FGP from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Any modifications to the Terms of Service will be brought to your attention by email to the address you used to register for the Website and by posting at FunGoPlay.com. Such modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting of the modified Terms of Service forward. Your continued use of FGP after a modification has been made to the Terms of Service constitutes your acceptance of such modification. And you will be okay with that because you love us. You will never stop loving us.
2. Registration and Eligibility.
By becoming a FGP member ("Member" or "User"), you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your registration for FunGoPlay.com does not violate any applicable law or regulation in your jurisdiction. FGP may, in its sole discretion, refuse to offer the Website or Service to any person or entity and change its eligibility criteria at any time. See, we just changed it. Just now. No we didn't. This provision is void where prohibited by law and the right to access the Website or Service is revoked in such jurisdictions.
3. Age Restrictions. By using and accessing the Website and Services you hereby acknowledge, represent and warrant to FGP that: (1) you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Website and Services in accordance with these Terms of Service; or (2) that, if you are under eighteen (18) years of age, you have your parent's or legal guardian's full consent, agreement and acknowledgement to use and access the Website and Services and they represent and warrant, on your behalf, that they possess the legal right and ability to enter into this Agreement and do so on your behalf.
4. User Accounts.
4.1 Account Creation.
Each User of FunGoPlay.com will be required to create a user account ("Account"). If you create an Account, you agree to provide current, complete, true and accurate information, and agree to update this information should it change. You agree that we may limit the number of Accounts you are able to create.
4.2 Account Security. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. YOU MAY NOT USE ANYONE ELSE'S ACCOUNT, AND YOU MAY NOT ALLOW ANYONE ELSE TO USE YOUR ACCOUNT EXCEPT AS EXPLICITLY ALLOWED BY FGP. DON'T LET YOUR BROTHER OR SISTER GIVE YOUR ACCOUNT INFO TO YOUR NO-GOOD BULLYING COUSIN, VITO.
You agree to notify us immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence as requested by us. Just in case Vito snuck his way in. You agree that you will be liable for losses incurred by us or another party due to someone else using your Account or password. You agree that we will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge. Blame Vito, we do.
4.3 Account Suspension and Termination.
YOU UNDERSTAND AND AGREE THAT WE MAY, AT OUR SOLE DISCRETION AND AT ANY TIME, TERMINATE AND/OR SUSPEND YOUR FUNGOPLAY.COM MEMBERSHIP ACCOUNT FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO FOR VIOLATION OF THESE TERMS OF SERVICE OR VIOLATION OF ANY OTHER POLICY RELATED TO FUNGOPLAY.COM, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION AND/OR SUSPENSION. IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED, YOU WILL HAVE NO FURTHER ACCESS TO FUNGOPLAY.COM, AND YOU WILL NOT RECEIVE ANY REFUND OR REIMBURSEMENT FOR PURCHASES OR SUBSCRIPTIONS ASSOCIATED WITH YOUR ACCOUNT.
4.4 No Right to Account Ownership.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO YOUR USER ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FGP.
4.5 No Sale or Assignment of Account of Virtual Items.
FGP does not recognize the transfer of a user account(s). Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the terms, either in whole or in part, without the prior written consent of FGP. Any attempt to do so shall be void and of no effect. FGP owns, has licensed, or otherwise has rights to all of the content that appears in the Services or on the Website. You agree that you have no right, title or interest in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Service or Website, or any other attributes associated with the user account or stored as part of the Website or Service. FGP does not recognize any purported transfers of virtual property executed outside of the Service or Website, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service or Website. Accordingly, you may not sell in-game items or currency for "real" money, or exchange those items or currency for value outside of the Website. Although that fish-face beanbag chair and Fanginator football helmet might be worth some serious smack. No, stop thinking that way.
5. Intellectual Property.
5.1 Intellectual Property Rights.
"Content" shall mean all digital material on FunGoPlay.com or the Service including, without limitation, software, illustrations, documentation, information, music, pictures, images, textures, photographs, animations, three-dimensional models, video, audio, text, and all other digital material. All Content is protected by both United States law, as well as the laws of various international jurisdictions, including, but not limited to copyright laws, Trademark law, patent law trade secret law and various governmental treaties. FGP and any agents, affiliates, and licensors relevant thereto (collectively, "FGP") owns all right, title and interest in and to the Content. Except for any rights specifically enumerated as being licensed to you hereunder, FGP reserves any and all of its rights to the Content.
You acknowledge and agree that except as set forth herein, all rights, title and interest in and to the Website and in and to all Content are and shall remain the exclusive property of FGP and/or FGP's licensors. Except as expressly provided herein, FGP and/or its licensors do not grant you any express or implied rights in and/or to the Content and/or the Website and/or Services, and all right, title and interest are retained by FGP and/or its licensors.
You acknowledge and agree that you will not upload or otherwise transmit in or through FunGoPlay.com any Content that is subject to any third-party rights unless any and all holders of such rights have expressly authorized such activity. FGP does not endorse and has no control over any Content submitted by a user. FGP cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Website or the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
5.2 No Rights to Data.
These Terms of Service are not intended to and do not transfer any right, title or interest in the Content to you. The limited rights granted herein solely relate and involve the specific rights of FGP listed herein below and do not extend to other intellectual property rights or interests that exist now or may exist in the future, such rights being fully and completely reserved. Furthermore, FGP retains sole and complete right, title and interest in and to the Website, Services or other Content, as well as any and all ancillary intellectual property related thereto. In fact, we hereby claim we own the world. There, though we have no legal standing to make that claim, we said it anyway. And we hereby appoint you King of South America (just kidding about South America).
5.3 Specific License and Restrictions.
Free of any associated charge or cost to you, FGP hereby grants you a non-exclusive, non-transferable, limited right license to access, use and display the Services or the Website specifically for personal, non-commercial use only. If at any time, in FGP's sole discretion, it is determined that you are utilizing the Website or Services in a manner inconsistent with personal and non-commercial use, or if you otherwise fail to fully comply with these Terms of Service, FGP may terminate your license to use the Website and Services without notice. Moreover, FGP reserves the right at any time in the future to charge a service fee and/or other specified fee or charge for continued use of this Website or Services with reasonable notice to you. This license is fully and completely revocable at any time by FGP, with or without notice and for any or no reason. FGP makes no warranty as to suitability or use of the Website or Services and limited license granted herein and you acknowledge, agree and otherwise consent that FGP shall have no liability arising from or in connection with your use of the Website or Services.
FGP may design or otherwise configure the Website or Services to include certain methods that enable FGP to identify the specific version of the Website or Services being used by your account. Said configurations may provide FGP with the ability to amend change or update the version of the Website or Services being utilized without any further notice or interaction with you. In order to do this FGP retains the right to poll or otherwise access your user account or preferences in order to provide the updated versions of the Website or Services automatically in the most seamless and expeditious manner possible. As far as you know, we are not stealing your GoPoints. Promise.
By use of the Website or Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website or Services in any way inconsistent with the rights of use provided by the license herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of FGP; (iii) attempt to access source or object code of the Website or Services, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Website or Services; (v) attempt to disable any digital rights management or copy protection aspects of the Website or Services, not already specifically prohibited by existing laws; (vi) create code, software or other program that incorporates any elements of the Website or Services; (vii) attempt to hack into, compromise or otherwise access the object or source code of the Website or Services for any purposes, personal or commercial, without the express written permission of FGP; or (viii) interrupt or attempt to interrupt the operation of the Website or Services in any way. To the extent that you fail to comply with the prohibitions listed above, you agree, without any further compensation or remuneration to assign, give or otherwise transfer all concepts and ideas, and all materials, products, related modifications thereto and any independent intellectual property rights developed or prepared by or for you in connection with the Website or Services including without limitation all text, images, music, audio, video and other information, Website frames, and all HTML, Java, flash or other code relating thereto, as the exclusive property of FGP, and all right, title and interest thereto shall vest in FGP and they shall be deemed to be a "work made for hire" and made in the course of services rendered hereunder. To the extent that title to any such works may not, by operation of law, vest in FGP or such works may not be considered works made for hire, all right, title and interest therein are hereby irrevocably assigned to FGP. In the event that you engage any person, other than a regular employee, to design or develop the above listed elements, you will require each such person to execute a written agreement assigning all rights in the work performed by such person in connection with these terms to FGP. All elements shall belong exclusively to FGP with FGP having the right to obtain and hold in its own name all copyright, patent, and trademark registrations, and such other protections as may be appropriate to the subject matter, and any applications, extensions, continuations and renewals thereof and all merchandising rights therein. Moreover, you agree to give FGP and any person designated by it, any reasonable assistance required to perfect the rights defined in this section.
You agree not to use bots, spiders or other intelligent agent software or methods for any purpose other than accessing publicly posted portions of the Website or Services and then only for the purposes consistent with these Terms of Service.
IN ACCORDANCE WITH AND NOT INTENDING TO LIMIT ANY OF THE PROVISIONS OR PROTECTIONS PREVIOUS SET FORWARD, DUPLICATION, COPYING OR ANY FORM OF REPRODUCTION OF WEBSITE, SERVICES OR RELATED INFORMATION, MATERIALS OR OTHER CONTENT TO ANY OTHER SERVER OR LOCATION FOR THE PURPOSES OF DUPLICATION, COPYING OR ANY OTHER FORM OF REPRODUCTION IS EXPRESSLY AND EXPLICITLY PROHIBITED.
5.4 Your Grants of Rights.
You acknowledge that FGP does not solicit the submission of Content from users of FunGoPlay.com. You also acknowledge that lawyers sure can write a lot. However, to the extent you submit any Content you acknowledge and agree that you automatically grant (and represents and warrant that you have the right to grant) the following:
5.4.1 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to FGP to use, reproduce, distribute, remove, and analyze any of your Content as FGP may deem necessary or desirable for any purpose in connection with the operation of the Service, including but not limited to for purposes of creating, providing, managing, debugging, testing and/or providing support for FunGoPlay.com, and
5.4.2 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to FGP to copy, modify, and reproduce your Content for marketing and/or promotional purposes in connection with FGP in any media, whether presently known or unknown,
5.4.3 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to each user of FunGoPlay.com and/or the Service to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content solely for personal, non-commercial use, and
5.4.4 except as set forth herein, the perpetual and irrevocable right to FGP to delete any or all of your Content from FGP.com, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party.
6. Charges and Billing.
Currently, there are no fees charged for a membership which provides limited access and use of some parts of the Website and Service, however, FGP retains the right to charge fees to access or use the entirety of the Website or Service in the future. Additionally, certain aspects of the Website or Service are only provided and available to those users opting for a paid subscription. These fees and charges are described on the Website, and in the event you elect to use paid aspects of the Website or Services, you agree to the pricing, payment and billing policies applicable to such fees and charges. FGP retains the right to add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. At any time following your subscription or activation of your user account, you may access your account information to determine whether it is current and accurate, and, if not, make any necessary and relevant additions, changes or corrections. Your failure to comply with this term (including providing any false or misleading registration data) may result in the immediate suspension or termination of your user account and right or license to access the Website or Services without any refund of any sums you may have paid as a subscriber.
You agree that all purchases of FGP virtual currency, referred to as "GoDough", are final and non refundable. You agree that GoDough will be forfeited if your account is shut down, frozen or terminated for any reason. You agree, acknowledge and consent that GoDough does not have any monetary value and is not to be bought, sold, offered for sale, bartered or otherwise traded, unless specifically authorized by FGP in writing. Moreover, any and all unused GoDough will expire after one year (1) year from date of purchase or other receipt. Further, in FGP's sole discretion, accounts that are unused for a period of time more than six (6) months will be terminated. You agree that the purchase of GoDough is the purchase of a subscription service and that you have no property interest in the GoDough. Furthermore, you agree that GoDough is not a gift certificate or stored value system and shall not be treated as such.
FGP reserves the right to add, change, delete or discontinue any or all aspects or features of the Website or Service, including, but not limited to, content, financial terms, availability, equipment needed for access or use, or even discontinue, cancel or terminate the Website or Service in its entirety. You agree to pay all fees or charges incurred by your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include charges for telecommunications services, computer hardware, and equipment.
You acknowledge and agree that you are solely responsible for obtaining and maintaining all telecommunications services, computer hardware, and equipment needed to access and use the Website or Service.
6.2 Billing Information.
You agree that to the extent that you provide FGP payment information, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration date, security codes, billing address, and any other payment information will be current, complete, true and accurate.
6.3 Online or Retail Shopping.
The Website and other third-party retailers may offer capabilities to purchase products (such as toys) and services (such as memberships). You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by these Terms of Service.
6.3.1 No Purchases by Minors. By ordering a product or service online, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from FGP without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
6.3.2 Taxes. You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services. No one likes paying taxes, but we have to.
6.3.3 Shipping and Processing; Insurance. You are also responsible for paying all shipping and processing charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.
6.3.4 Returns and Warranties. Please review the information available at our online stores regarding our return policies and warranty information for the individual products.
6.3.5 Product Liability. FGP is not responsible for any damage, injury or loss incurred by using any "real world" products not manufactured and sold by FGP. Please review the information available from retailer at time of purchase regarding any warnings, representations, warranties or limitation of liability for the individual products.
7. Service Termination, Suspension and Changes.
FGP RESERVES THE RIGHT TO TERMINATE, SUSPEND, OR CHANGE ANY SERVICE OR FEATURE OF FUNGOPLAY.COM AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT FGP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, OR CHANGE. IN THE EVENT THAT FUNGOPLAY.COM IS TERMINATED, SUSPENDED, OR CHANGED, YOU WILL NOT RECEIVE ANY REFUND.
8. Communication Services.
FunGoPlay.com may include communication tools to enable you to communicate with other FunGoPlay.com Users such as, for example, e-mail, instant messaging, bulletin boards, newsgroups, forums, communities, personal web pages, blogs, calendars, photo albums, file exchange tools, text, voice and/or video chat areas, and other communication tools (collectively the "Communication Services"). You agree to use the Communication Services only to post, send, and receive communications that are in accordance with the rules of conduct set forth in Section 9. Cyber-bullying is mean and not what FunGoPlay is all about! We reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason or for no reason.
We are not responsible for communications made by other Users via the Communication Services. You acknowledge that communications made via the Communication Services are not controlled or endorsed by FGP, and that such communications shall not be considered reviewed, screened or approved by FGP. We are not responsible for communications made by you via the Communication Services. You acknowledge and agree that your communications made via the Communication Services are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Services. You acknowledge and agree that personal information that you communicate via the Communication Services may be seen and used by others and result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Services unless you wish such information to be made permanently available to the public.
You acknowledge and agree that FGP has the right, but not the obligation, to monitor any communications made via the Communication Services, to alter, remove, or refuse to post or allow to be posted or stored any communications made via the Communication Services, to monitor and/or filter any communication made via the Communication Services, and to disclose any communications made via the Communication Services and the circumstances surrounding the transmission thereof, to any third party in order, (a) to operate FunGoPlay.com, (b) to protect FGP and its employees, officers, directors, shareholders, agents, representatives, affiliates, Users, and visitors, (c) to comply with legal obligations or governmental requests, and/or (d) to enforce this Agreement.
Communications made via the Communication Services reflect only the views of their authors. FGP specifically disclaims any liability with regard to communications made via the Communication Services and specifically disclaims any liability with regard to any actions resulting from your participation in any Communication Services.
Some Users may have managerial or moderator status with respect to the Communication Services. Unless specifically so designated, such Users are not authorized FGP spokespersons, and their views do not necessarily reflect those of FGP.
9. Rules of Conduct.
You agree that you will not:
9.1 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at FunGoPlay.com pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages, commercial or otherwise.
9.2 Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
9.3 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at FunGoPlay.com any material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by FGP in its sole discretion.
9.4 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at FunGoPlay.com any material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.
9.5 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at FunGoPlay.com any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of FunGoPlay.com, other Users' access to FunGoPlay.com and/or other Users' computers.
9.6 Except as expressly authorized by FGP in writing, advertise or offer to sell or buy any goods or services for any purpose.
9.7 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at FunGoPlay.com any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
9.8 Violate any applicable laws or regulations, or promote or encourage any illegal activity.
9.9 Impersonate another User or create a false identity, including but not limited to identities falsely indicating that the User is another FunGoPlay.com User, a celebrity or other well known person, or a FGP representative.
9.10 Collect in any manner information regarding any User or Users of FunGoPlay.com, or other information regarding FunGoPlay.com or any part thereof, or distribute such information to any third party.
9.11 Gain or attempt to gain unauthorized access to FunGoPlay.com, to unpublished information or material, to other Users' Account information, or to computer systems and/or networks connected to FunGoPlay.com, such as through hacking, phishing, password mining, social engineering, and/or any other method to gain or attempt to gain unauthorized access.
9.12 Make false reports to FunGoPlay.com administrators.
9.13 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at FunGoPlay.com any hacks, exploits, cheats, bots, automation software, mods or any other unauthorized third-party software designed to modify the FunGoPlay.com experience without the prior express written consent of FGP.
9.14 Take any action that imposes or may impose (as determined by FGP in its sole discretion) an unreasonable or disproportionately large load on FGP's (or its third party providers') infrastructure.
9.15 Resell or make any commercial use of FunGoPlay.com without the prior express written consent of FGP.
9.16 Engage in fraudulent transactions.
9.17 Offer to transfer, buy, auction, rent, lease, loan or sell access to your FunGoPlay.com Account.
9.18 Try to jump to the moon powered by nothing other than a trampoline and a backpack filled with cupcakes.
By providing your email address to FGP you understand you may receive periodic information regarding current and future services offered by FGP. You may unsubscribe at any time by following the directions contained in each electronic newsletter.
11. Jurisdictional Issues and Export Control Laws.
FunGoPlay.com is controlled and operated by FGP from its offices within the United States. We make no representation that FunGoPlay.com or the Service are appropriate or available for use in other locations. Those who choose to access FunGoPlay.com or the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree not to use or otherwise export or re-export the Website or Service except as authorized by United States law and the laws of the jurisdiction in which the Website or Services was obtained. Without limited the foregoing, the Website or Services may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries (currently Cuba, Iran, Myanmar (Burma), North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By accessing and using the Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
12. Links to Third-Party Sites. FunGoPlay.com may link to third party sites ("Linked Sites"). These Linked Sites are not controlled by FGP and we are not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. FGP provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by FGP of any Linked Site.
13. Code of Conduct. Please read the FGP Code of Conduct currently at http://www.fungoplay.com/codeofconduct. The FGP Code of Conduct accessible by the above hyperlink is fully incorporated herein by this reference as though it were specifically and completely set forth herein. By accessing and using the Website and Service, you signify your acknowledgement, agreement and consent to the FGP Code of Conduct. Therefore, if you do not fully agree and consent to the FGP Code of Conduct, press the "CANCEL" button below and do not set up a user account or otherwise use the Software. We reserve the full right, power and authority to amend, modify, change, add or delete provisions or sections of the FGP Code of Conduct at any time with or without a reason. Therefore, please periodically continue to check the FGP Code of Conduct on the Website for any changes. Your continued use of the Website and Services following any posted modifications shall demonstrate your acknowledgement, acceptance and consent to said changes.
14. Disclaimer of Warranty; Limitation of Liability.
To the maximum extent allowed by law, neither FGP nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "FGP Parties") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through FunGoPlay.com or the Service. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom.
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. FUNGOPLAY.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. FGP PROVIDES FUNGOPLAY.COM ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FGP WILL HAVE ADEQUATE CAPACITY FOR FUNGOPLAY.COM AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOU HAVE THE RIGHT TO BE FRUSTRATED, BUT DON'T BE MAD AT US WHEN THE MACHINE TAKES A NAP. FGP ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF FUNGOPLAY.COM, OR ANY OTHER LOSS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY FGP, BY THIRD PARTIES, OR BY YOU OR OTHER FUNGOPLAY.COM USERS.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF FGP, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE FGP PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE WEBSITE OR BY USE OF FUNGOPLAY.COM, THE SERVICES OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FGP IS TO STOP USING FUNGOPLAY.COM, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL ANY LIABILITY OF THE FGP PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO FGP OR ITS DESIGNEES FOR THE APPLICABLE SERVICES OR PRODUCTS GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE FGP PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF FUNGOPLAY.COM, THE SERVICES, THE PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF FUNGOPLAY.COM OR INTERACTIONS WITH FGP.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF FGP AND THE FGP PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE FGP PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PRODUCTS, GAMES, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF FUNGOPLAY.COM FOR ANY PURPOSE. THE PRODUCTS, GAMES, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF FUNGOPLAY.COM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WHY THIS VERY DISCLAIMER CONTAINED TYPOGRAPHICAL ERRORS. THAT'S IRONY.
FGP EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING PRODUCTS, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF FUNGOPLAY.COM. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES.
YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, FGP SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, FOR ANY REASON WHATSOEVER.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: "A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
These Terms of Service set forth herein continue to remain in full force and effect until such time as terminated by either party. In the event that you terminate or breach these Terms of Service, you will forfeit your right to any and all payments you may have made for pre-purchased access to the Website or Service. You agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid by the user prior to any termination. FGP reserves the right, in its sole discretion and without notice, to immediately terminate your user account and access to any or all of the Website, related Services or any portion thereof, at any time without further notice or compensation. Likewise, you retain full discretion to end or terminate your user account and discontinue use of the Website or Service at any time, pursuant to the terms of this Agreement.
FGP may assign these Terms of Service, in whole or in part, at any time. Notwithstanding, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without FGP's express prior written consent.
You agree to defend, indemnify and hold harmless FGP from and against all claims, losses, costs and expenses (including without limitation court costs and attorneys fees) arising out of (a) your use of, or activities in connection with the Website or Service; (b) any violation of these Terms of Service by you or through your Account; or (c) any allegation that any Content that you make available via FunGoPlay.com infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. We're pretty sure we've said the same thing 5 times already.
18. Dispute Resolution.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and FGP agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Website or Service.
By your access of and use of the Website and Service you hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim ("Dispute") arising out of or relating to any Product, this Agreement or any of the transactions contemplated herein or related to the Website or Service or any contests or services thereon (including without limitation, statutory, equitable or tort claims) will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. FGP will send its notice to your billing address and email you a copy to the email address you have provided to us. You may send any notice to FGP to the address listed below.
If the Dispute is not resolved through informal negotiations the Dispute (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in New York County, New York, using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association ("AAA") then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Service shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Website Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
The parties agree that any arbitration shall be limited to the Dispute between you and FGP individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
19. Jurisdiction and Choice of Law.
To the extent not covered by the Dispute Resolution provisions above, any disputes between you and FGP shall be subject to the exclusive jurisdiction and venue of the courts located in the City and County of New York, and shall be governed by, and will be construed under, the law of the United States of America and the law of the State of New York, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access FunGoPlay.com from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. And we're still waiting to see if you know the definition of "jurisdiction."
20. Termination of Agreement and Survivability of Terms.
This Agreement is effective until terminated. FGP may terminate this Agreement with or without notice to you by terminating your Account as set forth herein. You may terminate this Agreement and your Account by following the procedures set forth herein or on the FGP website. The provisions of Sections 1, 4 through 8 and 13 through 24 shall survive any termination of this Agreement.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
22. Complete Agreement
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire Agreement between you and FGP with respect to its subject matter. This Agreement supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and FGP with respect to its subject matter and you represent that you have not relied on any such communications in accepting this Agreement.
23. Procedure for Alleging Copyright Infringement
FGP will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA") and FGP DMCA Policy, published at HTTP://WWW.FUNGOPLAY.COM/DMCA.
24. General Provisions
Our performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of FunGoPlay.com or information provided to or gathered by FGP with respect to such use. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of FGP shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of FGP.
The parties hereby acknowledge and agree that FGP would be irreparably damaged if these Terms of Service were not specifically enforced. Therefore FGP shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Service, in addition to such other remedies as FGP may otherwise have available to it under applicable laws.
The parties agree that all correspondence relating to this Agreement shall be written in the English language.
You may contact FGP at the following address:
545 W 45th Street, Floor 5
New York, NY 10036
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE WEBSITE AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE. AND IF YOU ARE TELLING THE TRUTH, WE SALUTE YOUR FORTITUDE!
If at any time you wish to obtain an additional copy of the above Terms of Service, please visit the Website www.FunGoPlay.com and again review or print the Terms of Service.
Effective Date: March 21st, 2011