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Terms of Service

This site (the “Site”) is owned and operated by Johnny Hayes and Funcheap (“Funcheap”) for your personal entertainment, information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service (“Terms of Service”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service.

Restrictions on use of Materials

The Site contains material which is derived in whole or in part from material supplied by Funcheap and other sources, and is protected by international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Funcheap’s or such other sources’ copyright, trademark and other proprietary rights. The use of any such Materials on any other Web site or networked computer environment is prohibited without Funcheap’s express written consent.

Submissions/Communications

Funcheap has a company policy that does not allow Funcheap to accept or consider creative ideas, suggestions or materials other than those Funcheap has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Funcheap’s staff might seem to others to be similar to their own creative ideas, suggestions or materials.

If you do send us any event submissions, creative materials, including creative suggestions, ideas, notes, drawings,concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Funcheap. None of the Information shall be subject to any obligation of confidence on the part of Funcheap and Funcheap shall not be liable for any use or disclosure of any Information. Funcheap shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

Bulletin Boards

The Site may include comments sections, bulletin boards and chat rooms (“Bulletin Boards”) which allow feedback to Funcheap and real-time interaction between users. Funcheap does not control the messages, information or files delivered to Bulletin Boards, unless otherwise noted therein, and Funcheap has no obligation to monitor such Bulletin Boards. However, Funcheap reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Funcheap’s sole discretion are objectionable or in violation of these Terms of Service.

Limitation of Liability/Disclaimer

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER FUNCHEAP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

You specifically acknowledge and agree that Funcheap is not liable for any defamatory, offensive or illegal conduct of any user.

Funcheap also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or your downloading of any Materials from the Site.

Funcheap does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Third Party Sites

Funcheap may provide links and pointers to internet sites maintained by others (“third party sites”). Funcheap has not reviewed all of the third party sites linked to the Site and is not responsible for the contents of or any products or services offered in such third-party sites.

Termination

This Agreement is effective until terminated by either party.

You may terminate this Agreement at any time by destroying all Materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise.

This Agreement will terminate immediately without notice from Funcheap in Funcheap’s sole discretion for any reason whatsoever. Funcheap reserves the right to modify or discontinue this site, or any portion thereof (including Bulletin Boards) without notice to you or any third party.

Upon termination, you must destroy all Materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

In the event of termination, you are no longer authorized to access the Bulletin Boards and the restrictions imposed on you with respect to Materials downloaded from the Bulletin Boards and the disclaimers and limitations of liabilities set forth in this Agreement shall survive.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that material posted on the Site infringes your copyrights, you should follow the following procedures, which are set forth in the Digital Millennium Copyright Act (DCMA).

Notice of the claimed infringement must be submitted to the Site’s Designated Agent.

By email:
johnny@funcheap.com
To be effective, the notification must be in writing and include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.

Other

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Site is controlled and operated by Funcheap from its offices within the State of California, United States of America.

Software from this Site is further subject to United States export controls and may not be downloaded by any person or entity prohibited by any U.S. law, rule, regulation or order or otherwise exported or reexported into any country to which the U.S. has embargoed goods.

Funcheap may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

As between you and Funcheap, Funcheap exclusively owns all rights, titles and interests in and to any of the Materials (and any and all elements thereof) and any and all copies thereof throughout the universe in any and all media now known or hereafter developed. You will not do anything that might impair Funcheap’s rights, titles or interests in and to such Materials (and any and all elements thereof nor will you assert any right, title or interest in or to such Materials (including any copy or element thereof).