IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 7 BELOW.
Last Revised: April 10, 2022.
1. COMPLIANCE UNDER THE LAW APPLICABLE WHERE YOU ACCESS THE FUNRIZE™ SERVICES
It is your obligation (and not that of Funrize™ ) to pay all taxes imposed upon you, or upon your receipt of any gross or net winnings from the Funrize™ free game of chance promotion, or upon your purchase of any property or service, by any taxing authority. It is your obligation (and not that of Funrize™ ) to prepare and file all returns and reports required by the United States and any jurisdiction where you reside or from where you access the Funrize™ Service.
3. SALES OF PROPERTY AND SERVICES
From time we may offer for sale, goods or services that are advertised or posted on the website. The prices charged for them are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or intellectual property fixed in a tangible medium) that you may buy, (1) to the fullest extent allowed by applicable law WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NONINFRINGING. WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION, and (2) we shall be deemed to have fully performed our duty to deliver tangible goods when we deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to You at the address that You supplied to us. You bear the entire risk of loss or damage in transit, misdelivery and non-delivery of the goods that You may buy from us. Prior to shipment we have the right to cancel any order and refund any payment based on a mistaken price quote on the website. Videographic “Coins” used in game play on Funrize™ competitions and video games, including (not limited to) game promotion video, are not property that is sold. These avatars are intellectual property of Funrize™ . They represent visually, game play entitlement. On gratuitous award and (as to Funrize™ tournament competition games and other no-prize games) “purchase, the “Coins” are licensed to the Funrize™ user to whom awarded gratuitously and the Funrize™ user who pays for use of “Coins” solely in connection with that Funrize™ user’s account and solely in connection with initiating game play on the Funrize™ service.
4. CHANGES TO THE WEBSITE, THE FUNRIZE™ SERVICE, OR ANY NO-PRIZE OR PROMOTIONAL GAMES OFFERED THEREON
Funrize™ may at any time change or discontinue any aspect or feature of the Funrize™ Service, including, and not limited to, content, hours of availability, and equipment needed for access or use. When using the Funrize™ Service, you may be subject to additional posted policies, guidelines or rules applicable to specific services and features. These may be posted online and notified to you from time to time (the “Policies”). All Policies are hereby incorporated by reference into this Agreement and made part of this Agreement.
5. ELIGIBILITY TO PARTICIPATE IN CONTESTS AND THE FREE GAME OF CHANCE PROMOTION
5.1. Excluded Jurisdictions
Competitions for which there is an entry fee and no prize of merchandise, money or other value useful outside the game or competition are open only to persons who are at least eighteen years of age at the time of participation and are otherwise eligible in accordance with the posted rules specific to the game, contest or promotion. No-prize competitions, involving any entry fee, and free game of chance promotions are available to persons who live in and participate from US excluding restricted states: Washington, Idaho, Wyoming
5.2. Other Terms of Eligibility
5.2.1 Notwithstanding any status as a paying participant in no-prize games and competitions, no prize from the free game of chance promotion is awarded to winners who are younger than eighteen (18) years of age. This also applies to participants from any of the excluded states listed above or participants from a jurisdiction where the awarding of a prize based on the participant’s results in the competition or game promotion is prohibited or restricted.
5.2.2 To be eligible to receive a prize, each entrant must be the registered owner of the email address identified in the entrant’s account with an internet service provider, and throughout the competition will be eligible to participate only from that account and email address. An entrant’s participation from an email address other than her or his own, is void. Should there be a dispute regarding the identity of any winner, subject to all other eligibility conditions set out in this Agreement, the winner shall be the person in whose name the email account was opened. To avoid such situations, we will ask you to confirm your email when completing the registration process.
5.2.3 We will also ask you to go through the KYC procedure in the case if you want to buy additional entry credits right before making the payment. The KYC verification process is required to validate your account information such as your name, address, DOB and SSN. Moreover OFAC screening will take place during KYC. Please ensure that your name is entered exactly as it appears on your Driver’s License or Passport and that you are using the most current address where you receive mail today. As long as all the information you provided is correct, we should be able to verify your details online. In some cases, your details may not be validated online. If your information cannot be verified online, you can reach out to Funrize™ Customer Support department for help. Sometimes, to complete the verification process, documents may need to be uploaded securely to us. Funrize™ Customer Support department is available 24/7 to provide verification assistance.
5.2.4 Employees and agents of Funrize™, its content providers and advertisers, together with members of their immediate families and those living in their households, are ineligible to participate in any form of the competitions or free game of chance promotions.
5.2.5 The competitions, the free game of chance promotion, and your participation in them are void wherever prohibited or restricted by law. All federal, state and local laws and regulations apply.
5.2.6 The Sponsor reserves the right in its sole discretion to disqualify without notice and to block from participation any participant who fails to comply with any part of this Agreement.
CAUTION - ANY ATTEMPT BY A PARTICIPANT IN THE COMPETITION OR FREE GAME OF CHANCE PROMOTION TO DELIBERATELY DAMAGE THE WEBSITE OR TO SUBVERT, IMPAIR OR COMPROMISE THE LEGITIMATE CONDUCT OF ANY COMPETITION OR GAME PROMOTION MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING AND NOT LIMITED TO ATTORNEY FEES AND COSTS OF COLLECTION, FROM ANY SUCH PARTICIPANT AND TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. “COINS” AND OTHER ENTITLEMENTS TO FUNRIZE™ GAME PLAY, AWARDED PROMOTIONAL PARTICIPATION ENTITLEMENTS, AWARDED PROMOTIONAL PRIZES AND FUNRIZE™ USER ACCOUNTS MAY MOT BE TRANSFERRED PERSON-TO-PERSON OR OTHERWISE. ATTEMPTED TRANSFER OF ANY OF THOSE RIGHTS OR RELATED PROPERTY SHALL BE BLOCKED BY THE FUNRIZE™ SERVICE AND WILL BE THE BASIS OF A TERMINATION OF THE APPLICABLE FUNRIZE™ ACCOUNT OR ACCOUNTS.
6. CHANGED TERMS
7. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A TRIAL BEFORE A JURY.
7.1. Initial Dispute Resolution
The Funrize™ Customer Support department is available to address any concerns you may have regarding the Funrize™ Service. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best good-faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation and good-faith discussions. Such good faith discussions shall be a precondition to either party initiating a lawsuit or arbitration.
7.2. Binding Arbitration
If the parties (you and Funrize™ ) do not reach an agreed-upon solution within a period of thirty (30) days from the time that initial dispute resolution is first initiated pursuant to the paragraph immediately above, then subject to the arbitration terms set out below. Either party (i.e. you or Funrize™) may initiate binding arbitration as the sole means to formally resolve any disputes. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the website shall be finally resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce. Accordingly, the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement, notwithstanding the choice of law and forum selection provided for in Section 8, below. The arbitrators, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim or dispute is subject to arbitration. The arbitrators shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrators’ report and award, including (not limited to) recommendation for equitable relief, shall be binding on the parties and may be entered as a judgment or order in any court of competent jurisdiction. Arbitration shall be initiated in and proceed in Philadelphia County, Pennsylvania. You and Funrize™ agree to submit to the personal jurisdiction of any federal or state court sitting in Philadelphia County, Pennsylvania, in order to compel arbitration, to stay judicial proceedings pending arbitration, to confirm, modify, vacate, or enter judgment on the award entered by the arbitrators and to enforce equitable relief that the arbitrators do not have jurisdiction to award or enforce independently of a court. If in violation of your agreement to submit to binding arbitration, you should initiate a lawsuit against Funrize™ or any employee, agent or affiliate of Funrize™, you hereby stipulate that no act of defense of the litigation, no matter how protracted, shall be deemed a waiver of the right to compel binding arbitration, or the right to resolve disputes between you and Funrize™, by binding arbitration as hereinabove provided.
7.3. Class Action Waiver
The parties (you and Funrize™) further agree that any arbitration and litigation allowed under this section 7 shall be conducted in their respective individual capacities only and not as a class action or other representative action. Accordingly, the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND FUNRIZE™ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null, void in its entirety, the parties shall be deemed to have not agreed to arbitrate disputes, and the remainder of this Agreement shall survive and remain valid and enforceable.
Exception - Litigation Limited to Intellectual Property Infringements and Small Claims Court Claims Not Exceeding $5,000. Notwithstanding the parties' agreement to resolve all disputes through preliminary consultation and thereafter by binding arbitration, either party may bring an action in federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you by the Funrize™ Service under this Agreement. Either party may also seek relief in a Pennsylvania County small claims court for disputes or claims within the scope of that court's jurisdiction but not exceeding an amount in controversy if five thousand dollars ($5,000.00).
7.4. Changes to This Section 7
Funrize™ will provide 60-days' notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
8. JURISDICTION AND APPLICABLE LAW
Interpretation of this Agreement shall be subject to the laws of the State of Pennsylvania, except to the extent that the Pennsylvania conflict of law rules would require application of the law of any jurisdiction other than Pennsylvania. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims) shall be decided under federal law to the extent applicable under the Federal Arbitration Act, and otherwise under the laws of Pennsylvania. Funrize™ and you irrevocably consent to the exclusive jurisdiction and venue of state or federal courts sitting in Philadelphia County, Pennsylvania to resolve any claims that are subject to exceptions to the arbitration agreement stipulated under Section 7 of this Agreement or otherwise determined by a court of competent jurisdiction not to be arbitrable.
You are responsible for obtaining and maintaining all telephone, computer hardware, computer software and other equipment needed for access to and use of the Funrize™ Service and all charges related thereto.
10. THE FUNRIZE SERVICE
We currently provide to our account holders, access to a rich collection of online video entertainment resources, especially tournament competitions. Not now, but in the future, these resources may also include communication and social networking tools, online forums, ladders, leagues, news, reviews, personalized content and branded programming. Certain services are presently provided free of charge. Other services, including participation in competitions, contests and tournaments, are free in that limited right to participate are granted to each account holder each day that the account holder connects to the website. Additional play in these no-prize entertainment games is offered for sale. The Funrize™ free game of chance promotion may involve an offer of a premium to winners or successful participants. This bundle of free and paid-for content, services, competitions and other benefits is sometimes referred to as the “Funrize™ Service”.
We endeavor to make your experience with the Funrize™ Service a pleasant one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, loss of personalization settings or other service interruptions. Therefore, you agree that the Funrize™ Service are provided on an “AS IS” and “AS AVAILABLE” basis. Funrize™ does not assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.
Funrize™ reserves the right to change or discontinue, temporarily or permanently, the Funrize™ Service at any time. You agree that Funrize™ will not be liable to you or any third party for any modification or discontinuance of the Funrize™ Service at any time for any reason or in the absence of a reason.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by “third parties,” including (among others) information providers, or any user of the Funrize™ Service, are those of their respective source, author(s) or distributor(s) and not of Funrize™. Funrize™ neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the Funrize™ Service and expressly disclaims any and all liability in connection such opinion, advice or statement.
Your use of the Funrize™ Service is at your own risk. The Funrize™ Service may include hyperlinks to other websites or services solely as a convenience to you (“Third-Party Sites”). Funrize™ has no control over Third-Party Sites. Funrize™ does not endorse Third-Party Sites. Funrize™ is not responsible for any Third-Party Sites or the information, advertising, products, services, materials and privacy protection contained on or accessible through any Third-Party Sites. You agree that Funrize™ is not liable for any loss or damage which may be incurred by you as a result of the availability or your use of any Third-Party Sites or as a result of any reliance placed by you on the completeness, accuracy or existence of any the information, advertising, products, services or materials contained on or accessible through any such Third-Party Sites. Your use of any Third-Party Sites or the services provided by them shall be governed only by such terms between you and such Third-Party sites.
Some of the services provided by Funrize™ on the website may be supported by advertising revenue and may display advertisements and promotions. In consideration of Funrize™ granting to you, access to and use of the website, you agree that Funrize™ may place advertising and promotions on the website. You further agree that the manner, mode and extent of advertising and promotions by Funrize™ on the website are subject to change without specific notice to you.
11. YOUR USE OF THE FUNRIZE™ SERVICE
11.1 You must provide true, accurate, current and complete information about yourself as requested in the website’s personal information forms. You must update your registration data to keep it current and accurate within a reasonable time after any change to that data.
11.2 Each individual user can have only one game account. The rule also applies to inactive accounts. Creating multiple accounts per person, family, home, computer or mobile device, payment system account or bank card is strictly prohibited. If you create a multi-account or attempt to create such an account, all your accounts may be blocked or suspended. Winnings may be voided and the use of the platform services may be subsequently denied.
11.3 The user undertakes to notify the administration that he/she has more than one account, if he/she notices such a fact. The user undertakes not to create a new account if he/she cannot restore the lost access to the existing account, wants to continue the game, while having an inactive account, or intends to make changes to the personal information of the existing account. Instead, the user must contact the platform administration via online chat on the site or email [email protected], submitting a request in order to resolve his/her issue.
11.4 The user is obliged to make purchases only from his bank account or bank card. In case of a violation of this condition, all winnings may be canceled and the amount of the last purchase returned to the original details. Purchases by third parties (friends, relatives or partners) are prohibited. This rule also applies to winnings redeems. In case of violation of this paragraph of the rules, the account may be blocked without the possibility of recovery.
11.5 You must use the Funrize™ Service for only lawful purposes and in compliance with this Agreement. After the original date of this Agreement (i.e. April, 10, 2021) the Funrize™ Service may from time to time include interactive areas or services, such as chat boxes or message boards, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Funrize™ Service. You are solely responsible for your use of such interactive services and must use them at your own risk.
11.6 You must comply with the following Rules of Conduct in connection with your use of the website and the Funrize™ Service. Whenever message boards & chat boxes that allow display or transmission of user-supplied content are provided, you must not post, upload, distribute or otherwise transmit through the website or any of the Funrize™ Service, any content that solicits or pertains to sale or other transfer of any of “Coins,” entitlements to participate in Funrize™ no-prize video games or free game of chance promotions, winnings from Funrize™ free game of chance promotions, or your or another person’s Funrize™ user account. Whenever message boards & chat boxes that allow display or transmission of user-supplied content are provided, you must not post, upload, distribute or otherwise transmit through the website or any of the Funrize™ Service, any content that may be defamatory, libelous, constitute slander or may be pornographic, indecent, lewd, calculated to disparage, harass or threaten or to promote racism or other forms of hatred, impersonating as to any person or entity, violates the privacy or publicity rights of any person or entity, misrepresents your affiliation with any person or entity, is fraudulent, is, encourages or constitutes instructions regarding any criminal offense, contains personal identifying information of any person, or infringes upon any copyright, trade mark, trade secret, proprietary right or other intellectual property right of any person or entity. (Music videos, videos and photographs can be an infringement if posted in the absence of written permission of the owner of the rights to them. Don’t post them on the website or Funrize™ Service unless you have written permission to do so from the owner of the rights). By your act of posting of any content on the website or the Funrize™ Service, you warrant and represent to Funrize™ and its members, managers, agents and affiliates that all postings that you make will comply with these rules and that you acknowledge that prohibited postings may expose you not only to being barred from the website and the Service but also to civil liability to Funrize™ and others, and to exposure to criminal liability.
11.7 The Rules of Conduct in connection with your use of the website and the Funrize™ Service also prohibit your posting, uploading, distribution or other transmission to or through the website or any Funrize™ Service, of any malware or spyware, or that contain software viruses, corrupted data or other harmful, disruptive or destructive files 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; or contain, refer to or comprise advertisement, unsolicited offers, promotional materials, pyramid schemes, bulk mailing of commercial advertising, charity requests, signature petitions, or promotional giveaways, such as sweepstakes, contests and raffles.
11.8 The Rules of Conduct in connection with your use of the website and the Funrize™ Service also prohibit (1) removal, circumvention, disabling or damaging and otherwise interfering with security-related features of the website and the Funrize™ Service, and (2) reverse engineering, disassembly, decompiling and all other activities related to discovery of source code used in connection with the website and/or the Funrize™ Service or features that limit their use, or other actual or attempted piracy, and (3) actual or attempted modification, adaptation, creation of derivative works (all) based upon the website or the Funrize™ Service, and (4) the use of any so-called robot, spider, scraper, crawler, or other automated means to access the website or the Funrize™ Service, or to participate in any competition distributed through the website or the Funrize™ Service, including (and not limited to) for the purpose of bypassing, disabling or overcoming measures used to prevent or restrict access to the website or the Funrize™ Service.
11.10 You understand that, when using the website and the Funrize™ Service, you may be exposed to user-supplied content from a variety of sources. Funrize™ is not and shall not be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such user-supplied content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so, you should not use the Funrize™ Service. Funrize™ does not pre-screen or endorse any third-party or user-supplied content and is not responsible or liable under any circumstances for such content.
11.12 Funrize™ offers its users the opportunity to participate in certain online competitions, tournaments, and free game of chance promotions, some of which may have prizes for the winners. If you participate in such online competitions, tournaments and free game of chance promotions, you may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by yourself. Certain conditions of eligibility to compete in the online competitions, tournaments and free game of chance promotions are set out in Section 5, above. Additional eligibility requirements are disclosed in the Official Rules of the game promotion. You may access the rules of competition in the free-to-play no-prize competitions by clicking HERE. You may access the Official Rules of the Funrize™ free game of chance promotion with prize offers, by clicking HERE. Other rules may be disclosed in connection with each online no-prize competition and tournament. If you do participate in a Funrize™ free game of chance promotion but are ineligible to do so, the offer of a prize award will not apply to you and you will not be allowed to collect any prize. As a condition precedent to collecting a prize for which you are eligible, you may be required to provide information reasonably requested by Funrize™ and (for prize awards of more than $600 as a calendar-annual aggregate irrespective of any purchases to which you may apply your prize award) information that by law Funrize™ requires to enable its preparation and filing of Internal Revenue Service Form 1099-MISC, Funrize™ will if required report the value of the prize to federal and/or state taxing authorities.
12. TRADE MARKS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
The Funrize™ Service and website are owned and operated by Funrize™. All content, trademarks and other proprietary materials and information on the Funrize™ Service and the website, are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of your country of residence) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including laws of your country of residence). Such proprietary materials include (as examples, not limitations) Funrize™ logos, the website visual interfaces, graphics, design, compilation, information, software, computer code (including both source code and object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement of all of them, and all other materials (collectively, the “Materials”) are protected as applicable by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Funrize™ (together with its subsidiaries, affiliated companies and third-party licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the Funrize™ Service and the website under copyright laws. Funrize™ and/or affiliates of Funrize™ own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the Funrize™ Service and the website as a collective work under copyright laws and conventions. Funrize™ and affiliates own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. All Materials contained in the Funrize™ Service are the proprietary property of Funrize™ or its subsidiaries or affiliated companies and/or third-party licensors.
Funrize™ and the Funrize™ logos, including (not limited to) game titles and artwork associated with game titles, (the “Funrize™ Marks”) are the exclusive property of Funrize™ and or its affiliates and are protected by trade dress and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Funrize™ hereby expressly reserves all rights, including, without limitation, all trademark rights, in and to the Funrize™ Marks. Except as expressly noted in this Agreement, all other trademarks appearing on the Funrize™ Service are the property of Funrize™ , affiliates of Funrize™, or their respective owners. Unless otherwise agreed in writing by Funrize™ , you agree that nothing in this Agreement gives you a right to use any of the Funrize™ Marks or any the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Funrize™ or the Funrize™ Service.
For the avoidance of doubt, and as a supplementation to the grant of license referred to in section 3 of this Agreement, you are granted only a limited, non-exclusive, terminable, non-sublicensable license (i.e. a personal and limited right) to access and use the website and the Funrize™ Service for your own personal use and no other use, provided that you acknowledge and agree that you do not acquire any ownership rights in or to the website, the FUNRIZE Service and/or the Materials or any of them by accessing or otherwise using the website and/or the Funrize™ Service. This license is subject to this Agreement and does not include any right to do any of the following: (a) any resale, transfer or commercial use of the Funrize™ Service or the Materials (or any of the Materials); (b) the distribution, public performance or public display of any Materials; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the Funrize™ Service or the Materials, or any portion of them, or in any other way exploiting any of any of the Materials, in whole or in part; (d) using any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Funrize™ Service, the Materials or any information contained in them, except as expressly permitted on the Funrize™ Service; or (f) any use of the Funrize™ Service or the Materials except for their intended purposes. Except as otherwise permitted as “fair use” under United States copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of the Materials will be permitted without the express written permission of Funrize™ together with any other copyright owner, if applicable. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any use of the Funrize™ Service or the Materials except as specifically authorized in this Agreement, without the prior written permission of Funrize™, is strictly prohibited. Any failure by yourself, solely or in combination with others to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in this Agreement, nothing in this Agreement shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. The license granted to you under this Agreement may be terminated by Funrize™ at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by Funrize™.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
USE OF ANY OF THE WEBSITE, FUNRIZE™ SERVICE, ANY PRODUCT, ANY SERVICE AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE AND/OR THE FUNRIZE™ SERVICE IS AT YOUR SOLE RISK. NEITHER FUNRIZE, FUNRIZE’S AFFILIATED COMPANIES, FUNRIZE’S NON-AFFILIATED PARTNERS, AGENTS AND CONTRACTORS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “FUNRIZE PARTIES”) WARRANT THAT THE FUNRIZE SERVICE, ANY PRODUCT OR SERVICE, OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN ANY OF THEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE AND/OR THE FUNRIZE™ SERVICE, OR OF ANY PRODUCT, SERVICE, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH ANY OF THEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE OR SERVICE (INCLUDING ENTERTAINMENT SERVICE) PROVIDED OR PURCHASED THROUGH THE WEBSITE AND/OR THE FUNRIZE™ SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOURSELF THROUGH THE WEBSITE OR THE FUNRIZE SERVICE IS DONE AT YOUR OWN SOLE DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL.
FUNRIZE™ DOES NOT GUARANTEE THAT ANY PARTICULAR FUNRIZE™ SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT FUNRIZE™ WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. FUNRIZE™ MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. FUNRIZE™ RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ONLINE PRODUCT AND SERVICE FEATURES IN ITS SOLE DISCRETION WITHOUT NOTICE, INCLUDING FOR EXAMPLE (AND NOT FOR LIMITATION), CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE ONLINE SERVICE OVER TIME.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE FUNRIZE™ SERVICE, AND ANY PRODUCT AND ANY INFORMATION, CONTENT, SERVICE OR MATERIALS CONTAINED IN EITHER OF THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE BY STATUTE, NON-WAIVABLE AND ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE FUNRIZE™ PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE AND THE FUNRIZE™ SERVICE, AND AS TO ANY PRODUCT, ANY SERVICE, AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE OR THE FUNRIZE™ SERVICE. FUNRIZE™ DOES NOT REPRESENT OR WARRANT THAT THE FUNRIZE SERVICE, ANY PRODUCT OR SERVICE, OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD USE AND EXCLUSIVELY RELY UPON INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD AND TO OTHERWISE PROTECT YOUR DATA AND COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOURSELF FROM FUNRIZE™ OR THROUGH THE FUNRIZE™ SERVICE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 13, THE TERM “FUNRIZE” INCLUDES THE “FUNRIZE PARTIES”.
You agree to defend, indemnify and hold harmless Funrize™ and the Funrize™ Parties (identified by classification above, at section 7) and their respective suppliers, licensors and partners from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of: (a) any violation of this Agreement; (b) any negligent or wrongful conduct; (c) your use, misuse and/or access of the Funrize™ Service; (d) a violation by yourself of any applicable law; (e) any content which you post, store or otherwise transmit in or through the Funrize™ Service; and/or (f) your violation of the rights of any third party; and any breach of the representations, warranties, and covenants that you have made in this Agreement. Funrize™ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Funrize™ Parties or any of them. You agree to cooperate with defense of these claims by Funrize™ Parties, at your sole cost and expense.
16.1. Voluntary closure of your Funrize™ user account
You may unsubscribe and close your Funrize™ user account at any time by sending an unsubscribe request to us at [email protected] Funrize™ will process your request within a reasonable time after receipt.
16.2. Latency Fees Upon Inactive Funrize™ User Accounts
An inactive user account with the Funrize™ Service is an account in which the user has not logged in for one hundred eighty (180) consecutive days. Funrize™ shall have the unlimited right but not the obligation to terminate your account at any time while it is an inactive account. In so doing, termination shall apply to terminate your license. Unused account balances and passwords (all) without notice to you.
16.3. Termination for the Funrize™ User’s Breach of this Agreement
Among other rights of Funrize™, it reserves the right to terminate without notice and at the sole disctrtion of Funrize™, your license to use the Funrize™ Service and your accounts and passwords to the Funrize™ Service and to block or prevent your future access to and use of the Funrize™ Service for any reason (or without a reason). Some reasons for termination can be: (1) You are in violation of any provision of this Agreement, (2) You have acted in a manner which clearly shows that you do not intend to (or are unable to) comply with the provisions of this Agreement, (3) Funrize™ is required by applicable law, and (4) Funrize™ is no longer providing the Funrize™ Service to users in the state or other jurisdiction in which you are a resident or from which you use the Funrize™ Service. The foregoing termination prerogative includes Funrize™ termination or to suspension of your access to any purchased products or services. The introductory paragraphs and all sections of this Agreement that set out the rights of Funrize™ and limitations of your rights shalll survive any termination of your access to the website.
17. EXPECTATION OF PRIVACY
18. COPYRIGHT COMPLAINTS
Funrize™ respects the intellectual property of others. Accordingly, we ask our users to do the same. If you believe that your work of authorship has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you must notify Funrize™ of your infringement allegation in accordance with the procedure below.
As set forth in our Copyright Complaints policy, Funrize™ will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement.
18.1. Notice of Take-Down Request
A notification of alleged copyright infringement is effective only when emailed to the Funrize™ Copyright Agent at: [email protected] with the email subject line : "DMCA Takedown Request". You may also send your takedown request by United States Postal Service, Federal Express or United Parcel Service to: A1 Development, LLC (Attention: DMCA Takedown Request) 3597 E Monarch Sky Lane Suite 240, PMB #2940, Meridian, Idaho 83646 (U.S.A.). To be effective, the notification must be in writing and contain the following information: (1) An electronic or manual signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest regarding which the allegation is made; (2) A description of the copyrighted work or other intellectual property that you claim has been infringed: (3) A description of where the material that you allege is infringing is located on the website, with enough detail that Funrize™ may find it on the website; (4) Your physical mailing address, telephone number and email address; (5) A statement by yourself that you have a good-faith belief that the disputed use is not authorized by the copyright owner or intellectual property owner, its agent, or the law; (6) A statement or declaration by yourself, made under penalty of perjury, that the above information in your Notice is accurate and that you are or represent the copyright owner or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the website, you may send a written counter-notice containing the following information to the Copyright agent: (1) Your physical or electronic signature; (2) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and (4) Your name, physical address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court sitting in Philadelphia County, pennsylvania, U.S.A. and a statement that you will accept service of process of that court upon the suit of the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, A1 Development, LLC will send a copy of the counter-notice to the original complaining party informing that person that Funrize™ may replace the removed content or cease disabling it in ten (10) business days. Unless the complaining alleged copyright owner files an action in the Federal District Court sitting in Philadelphia County, Pennsylvania (U.S.A.) seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in fourteen (14) days or more after receipt by Funrize™ of the counter-notice, at the sole discretion of Funrize™.
18.3. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Funrize™ has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Funrize™, the account and access to the website of users who are deemed to be repeat infringers. Funrize™ may also at its sole discretion limit access to the website and terminate the participation of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
19. OTHER PROVISIONS
Warranty: Review of this Agreement
Restriction on Transfer or Assignment of this Agreement Applicable Only to Yourself
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by yourself. Any attempted or purported assignment or transfer by yourself shall for all purposes be null and void. However, Funrize™ may hypothecate, sell, assign or transfer this Agreement or any part of or interest in this Agreement without restriction or notice.
Severability of Provisions adjudicated to be Unenforceable or Void
All provisions of this Agreement will be deemed severable: any unenforceability of any one or more provisions will not affect the enforceability of any other provisions or of this Agreement as a whole. In addition, if any provision of this Agreement, for any reason, is declared to be unenforceable, the parties to this Agreement shall substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of those parties.
Nonwaiver; Funrize™ Rights Cumulative
Any failure by Funrize™ to partially or fully exercise any rights under this Agreement, and any waiver by Funrize™ of any breach of this Agreement by yourself, shall not prevent a subsequent exercise of such right by Funrize™ or be deemed a waiver by Funrize™ of any subsequent breach by yourself of the same or any other term of this Agreement. The rights and remedies of Funrize™ under this Agreement shall be cumulative. The exercise of any such right or remedy shall not limit the right of Funrize™ to exercise any other right or remedy.
20.1. YOUR PRIVACY RIGHTS
This policy guides how we will store and use the personal-identifying information which people provide when accessing our website. We collect personal-identifying information from you when you register on the website, to participate in our free prize promotions and no-prize contests, to establish a Funrize™ Service account , to win a prize due to your participation in a contest or prize promotion, to respond to a survey, to purchase any product or service through use our website, claim a prize won by your participation on one of our prize promotions, or (if there are message boards or chat rooms) to place content on any message boards made available on our website.
We will use the personal-identifying information that we collect: (1) to administer the contests, tournaments, prize promotions and other advertising and promotional activities that we conduct from time to time (including prize notifications and prize deliveries), and (2) to make reports and submissions to governmental agencies and branches, as required or permitted by law, and (3) to compile market and statistical reports based on aggregated information (but the reports do not contain personal identifying information), and (4) to allow us to better respond to the individual needs and preferences of people who access our website, and (5) to invite you to participate in surveys, sweepstakes, contests, competitions, tournaments and other promotions, and (6) for data analysis, audits, developing new products and services, identifying usage trends and determining the effectiveness of our promotional campaigns, and (7) to enable us to pay royalties to third-party content providers, and (8) to process transactions, including (not limited to) fulfillment of prize awards, and product and service purchases.
To safeguard the confidentiality of personal-identifying information that we collect, we implement password protection and a variety of security measures to maintain the safety of your personal-identifying information when you enter, submit or access your personal information. We use a secure server to protect your personal-identifying information and to prevent unauthorized access and disclosure. All supplied personal-identifying information is transmitted via Secure Socket Layer technology and then encrypted into our database only to be accessible by those who are authorized with special access rights to such systems and who are required to keep the personal-identifying information confidential.
Although we are diligent to protect your personal-identifying information and privacy, we do not promise (nor should you expect) that your personal-identifying information or private communications will always remain private. After a transaction, your private payment information may not be stored on our servers. We will retain personal-identifying information, including information from closed accounts, to comply with law, prevent fraud, collect any money owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce the "official rules" of our prize promotions, prepare marketing and demographic studies and statistical reports, and to take any necessary or appropriate actions permitted by law. Please be aware that it is technologically impossible to remove from our servers, every record or information that you provide to us. The need for backup means that a copy of your personal information may exist in non-erasable form.
When you access the website from your personal computer or mobile device we may install on your device a small text file that enables us to recognize your browser through your Funrize™ Service user account. Most websites typically use the following:
- "Session cookies" that are temptoary and are deleted when you close your browser;
- "Persistent cookies" that remain until you delete them or they expire;
- "Web beacons" that are electronic images also known as single-pixel glifs.
We install a session cookie that expires when you log off your session or if you don’t log off, then two weeks after installed. We do not otherwise install persistent cookies, web beacons or glifs.
In general, cookies, web beacons, glifs and similar technologies do not contain personally identifiable information. However, when you furnish personal information through the website, this information may be linked to the non-personally identifiable information stored in cookies sent to your browser from the website. Many browsers allow the user to block the installation of cookies. If you block cookies, you may not be able to make full use of the website.