1. Acceptance of terms
Welcome to FunPairs.
You must read and agree to these terms and conditions before you may access
or view our sites. Please read them carefully. By visiting the FunPairs Website, you are agreeing to the terms of this agreement. This agreement is subject to
change at any time, and changes are effective upon posting.
FunPairs 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. In addition, when using particular FunPairs services, you and FunPairs
shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. Description of service
Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new FunPairs properties, shall
be subject to the TOS. You understand and agree that the service is provided "AS-IS" and that FunPairs assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the service, you must obtain access to the internet, 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 internet, including a computer and
modem or other access device.
3. Your registration obligations
In consideration of your use of the service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the
service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FunPairs has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete, FunPairs has the right to suspend or terminate your account and refuse any and
all current or future use of the service (or any portion thereof).
4. FunPairs privacy policy
Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy.
5. Member account, password and security
You will receive a password and account designation upon completing the service's registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FunPairs
of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FunPairs
cannot and will not be liable for any loss or damage arising from your failure to comply with this.
6. Member conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not FunPairs,
are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the service. FunPairs 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 the service, you may
be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FunPairs 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, transmitted or otherwise made available via the service.
You agree to not use the service to:
* Upload, post, email, transmit or otherwise make available 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;
* Harm minors in any way;
* Impersonate any person or entity, including, but not limited to, a FunPairs or FunPairs official or falsely state or otherwise misrepresent your affiliation
with a person or entity;
* Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
* Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation;
* Upload, post, email, transmit or otherwise make available 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 or telecommunications equipment;
* Interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations
of networks connected to the service;
* Intentionally or unintentionally violate any applicable local, state, national or international law;
* "Stalk" or otherwise harass another;
* "|Farm" or "gather" members email addresses and profile information for any use other than social contact for the purpose of making friendships;
* Use any information gained from the members section to promote, sell or market any products or services;
* Apply for membership as a party to, or a member, officer, official or agent of any State, Federal, Code, Law enforcement agency, Commerce, telecommunications
company or service, or acting as an agent or third-party of, or for, those stated agencies either in concert, whether of a disclosed or undisclosed nature or
acting in any capacity whatsoever. Members of such agencies as stated and defined herein are hereby prohibited from applying for membership. Violation of this
clause is entrapment with certain legal rights and substantial compensatory damages attached. If you are such an officer or inspector (or as otherwise defined
person), you are requested to leave without any attempt to obtain access or membership to FunPairs.
You acknowledge that FunPairs 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, FunPairs and its designees shall have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FunPairs or submitted to FunPairs,
including without limitation information in FunPairs Message Boards, FunPairs Social Areas, and in all other parts of the service.
You acknowledge and agree that FunPairs may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety of FunPairs, its users and the public.
You understand that the technical processing and transmission of the service, including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. Content posted to FunPairs
(a) For purposes of the TOS, "publicly accessible areas of the service" are those areas of the FUNPAIRS website accessible by the general public as
a Member of the service or as a visitor to the service.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of FunPairs areas photos or other graphics you elect to post to any other
publicly accessible area of the service, you grant FunPairs the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish
such Content on the service solely for the purpose of displaying, distributing and promoting the specific FunPairs Areas to which such Content was submitted,
or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the service. This license exists only for
as long as you elect to continue to include such Content on the service and shall be terminated at the time you request deletion of such Content from the
service by written notice to webmaster@funpairs.com.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the service, you grant FunPairs the royalty-free, perpetual, irrevocable,
non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
9. Indemnity
You agree to indemnify and hold FunPairs, 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 or arising out of Content you submit, post, transmit or make available
through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.
10. 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.
11. General practices regarding use and storage
You acknowledge that FunPairs may establish general practices and limits concerning use of the service, including without limitation the maximum number of days
that email messages, message board postings or other uploaded Content will be retained by the service, the maximum number of email messages that may be sent
from or received by an account on the service, the maximum size of any email message that may be sent from or received by an account on the service, the
maximum disk space that will be allotted on FunPairs's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may
access the service in a given period of time. You agree that FunPairs has no responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the service.
You acknowledge that FunPairs reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FunPairs
reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Modifications to service
FunPairs 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 FunPairs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
13. Termination
You agree that FunPairs, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard
any Content within the service, for any reason, including, without limitation, for lack of use or if FunPairs believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. FunPairs may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with
or without notice. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and acknowledge
and agree that FunPairs may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access
to such files or the service. Further, you agree that FunPairs shall not be liable to you or any third-party for any termination of your access to the service.
14. Dealings with advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such
advertiser. You agree that FunPairs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the service.
15. Links
The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FunPairs has no control over such sites
and resources, you acknowledge and agree that FunPairs 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 FunPairs 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.
16. FunPairs proprietary rights
You acknowledge and agree that the service and any necessary software used in connection with the service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by FunPairs or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the service or the Software, in whole or in part.
FunPairs grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access
to the service. You agree not to access the service by any means other than through the interface that is provided by FunPairs for use in accessing the service.
17. Disclaimer of warranties
You expressly understand and agree that:
* Your use of the service is at your sole risk. the service is provided on an "as is" and "as available" basis. funpairs 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.
* FunPairs 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 products, services, information, or other
material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
* 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.
* No advice or information, whether oral or written, obtained by you from funpairs or through or from the service shall create any warranty not expressly stated
in the tos.
* A free membership offer does not imply a money back guarantee for any paid membership and is separate from any reduced rate special membership offer or
regular rate subscription fees.
* Any fees paid for a membership to join funpairs are non-refundable and no warranty or fitness for purpose is implied or offered.
18. Limitation of liability
You expressly understand and agree that funpairs 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 (even if funpairs has been advised of the possibility of such
damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any
goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized
access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
19. Exclusions and limitations
some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
accordingly, some of the above limitations of sections 17 and 18 may not apply to you.
20. Special admonition for services relating to financial matters
The service is provided for informational purposes only, and no Content included in the service is intended for trading or investing purposes. FunPairs shall
not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the service, and shall not
be responsible or liable for any trading or investment decisions made based on such information.
21. Notice
Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the service.
22. Trademark information
FunPairs, the FunPairs logo, and other FunPairs logos and product and service names are trademarks of FunPairs. (the "FunPairs Marks"). Without
FunPairs's prior permission, you agree not to display or use in any manner, the FunPairs Marks.
23. Copyrights and copyright agents
FunPairs respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide FunPairs's Webmaster the following information:
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the material that you claim is infringing is located on the site;
* Your address, telephone number, and email address;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
24. General information
The TOS constitute the entire agreement between you and FunPairs and govern your use of the service, superceding any prior agreements between you and FunPairs.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The
TOS and the relationship between you and FunPairs shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You
and FunPairs agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kent, Michigan. The failure of FunPairs
to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the service or the TOS must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
25. Violations
Please report any violations of the TOS to:
FPC, 4636 Creekwood Drive Fremont, Ca. 94555 or webmaster@funpairs.com
