3. Authorized Users.
Access or use of our Site by anyone under the age of eighteen (18) is strictly prohibited.
4. Limitations on Use.
While using the Site, you may not perform any actions that could interfere with or otherwise adversely affect the proper functioning of the Site. Without limiting the generality of the foregoing, you may not: (a) use any robot, spider, scraper, or other automated means to access our Site for any purpose without prior express written permission from FUNNIX; (b) take any action that imposes, or may impose, in FUNNIX’s sole discretion, an unreasonable or disproportionately large load on FUNNIX’s infrastructure; (c) bypass any measures FUNNIX may use to prevent or restrict access to the Site; or (d) use the Site to send altered, deceptive, or falsely sourced information, including without limitation by forging TCP-IP packet headers or e-mail headers.
FUNNIX has the right, in its sole discretion, to change, modify, or discontinue any page, feature, or other component or element of the Site at any time, and for any reason, with or without prior notice to you. FUNNIX reserves the right to restrict your access to some or all of the Site at any time for any reason with or without prior notice to you. You agree that the Terms will apply to any upgrades, changes, or modifications to our Site.
Unauthorized or prohibited use of our Site may subject you to civil liability and criminal prosecution under applicable federal and state laws.
5. Provision of the Site.
FUNNIX has no responsibility to provide you access to the Site. FUNNIX reserves the right at any time to suspend or discontinue (temporarily or permanently) or modify the Site or any part thereof, with or without notice. You acknowledge and agree that FUNNIX shall not be liable to you for any modification, suspension, or discontinuance of the Site.
Further, FUNNIX shall not be liable to you for any loss or liability resulting, directly or indirectly, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, government orders, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or other like causes.
6. User Account, Password, and Security.
Some of the Products may require you to open an account before you can access them. In such cases, in order to obtain access, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. As part of this process, you also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password, user name, and other account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. If you become aware of any unauthorized use of your account or any other breach of security, you agree to notify us immediately. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If we or a third party incurs losses due to someone else using your account or password, you could be held liable for those losses.
7. FUNNIX Intellectual Property Rights.
Our site—including, without limitation, all software code, site architecture and design, interactive features, and appearance thereof (“Site IP”); all our trademarks, service marks, and trade names used in connection with our Site (the “Marks”); and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable elements of the Site and the selection and arrangements thereof (“Content” and, collectively with Site IP and Marks, “FUNIX IP”)—is the property of FUNNIX and/or its assigns, licensors, or other respective owners and is protected, without limitation, pursuant to U.S. and foreign copyright, trademark, and other intellectual property rights laws. You may not make any use of the FUNNIX IP, without the express prior written consent of FUNNIX.
You agree not to: (a) sell, resell, or lease (or the functional equivalent thereof) access to the Site or FUNNIX IP to a third party; (b) attempt to reverse engineer the Site or any component thereof; or (c) attempt to create a substitute or similar service through the use of, or access to, the Site.
8. Warranty Disclaimer.
YOUR USE OF OUR SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” FUNNIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING: (a) INFORMATION, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE SITE; OR (b) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUNNIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
FUNNIX HAS NO RESPONSIBILITY OR LIABILITY FOR: (a) LOSS OR DELETION OF—OR FAILURE TO RECEIVE, PROCESS, OR STORE—ANY USER CONTENT OR OTHER INFORMATION MAINTAINED OR TRANSMITTED USING THE SITE; (b) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; OR (c) THE ACTIONS OF ANY THIRD PARTY.
THE SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS. FUNNIX DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION IS AT YOUR SOLE RISK.
9. Limitation of Liability.
You agree to indemnify, hold harmless, and defend FUNNIX and its suppliers, content providers, and licensors—as well as their respective officers, directors, shareholders, employees, representatives, servants, contractors, and agents—from any and all claims and damages (including, without limitation, attorneys’ fees, expert witness fees, and court costs) arising from or relating to any allegation regarding your use of the Site or any violation of these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by FUNNIX without restriction.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FUNNIX as a result of these Terms or use of our Site or Products.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent that the remaining provisions can be substantially applied within the original intent of these Terms taken as a whole. Any court holding a provision to be invalid, illegal, or unenforceable shall not render the offending provision void or unenforceable, but instead shall modify the provision to the minimum extent necessary to make the provision valid, legal, and enforceable.
FUNNIX’s failure to act with respect to a breach of these Terms by you or others does not waive its right to act with respect to subsequent or similar breaches.
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
In the event of the termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the limitation on liability, indemnity, and all other provisions for which survival is equitable or appropriate.
14. How to Contact FUNNIX:
Mail: Funnix, LLC
P.O. Box 448
Eugene, OR 97440