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Welcome
to funnext.com, an internet and mobile service that allows users to create personal
web profiles and communicate and share content with friends and other users.
This
Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your
use of the funnext.com services. By using the funnext.com Services, you agree to
be bound by this Agreement, whether you are a "Visitor" (which means that you simply
browse the funnext.com) or you are a "Member" (which means that you have registered
with funnext.com). The term "User" refers to a Visitor or a Member. You are only
authorized to use the funnext.com Services (regardless of whether your access or
use is intended) if you agree to abide by all applicable laws and to this Agreement. If you wish to become a Member, communicate
with other Members and make use of the funnext.com Services, you must read this
Agreement and indicate your acceptance during the Registration process.
This
Agreement may be modified by funnext.com from time to time effective upon notice
to you as a Member. Whenever there is a change in the Terms of Use, funnext.com
will intimate you of such change. Your continued use of the Site pursuant to such
change will constitute deemed acceptance of such changes.
Please
choose carefully the information you post on funnext.com and that you provide to
other Users. Your funnext.com profile may not include the following items: telephone
numbers, street addresses, and any photographs containing nudity, or obscene, lewd,
excessively violent, harassing, sexually explicit or otherwise objectionable subject
matter. Despite this prohibition, information provided by other funnext.com Members
(for instance, in their Profile) may contain inaccurate, inappropriate, offensive
or sexually explicit material, products or services, and funnext.com assumes no
responsibility or liability for this material. If you become aware of misuse of
the funnext.com Services by any person, please send an email to info@funnext.com.
Funnext.com
reserves the right, in its sole discretion, to reject, refuse to post or remove
any posting (including private messages) by you, or to restrict, suspend, or terminate
your access to all or any part of the funnext.com Services at any time, for any
or no reason, with or without prior notice, and without liability.
1. Eligibility.
You
must be at least 15 years of age or over to register as a member of funnext.com
or use this Site. Membership to the Site is void where prohibited. By using the
funnext.com Services, you represent and warrant that (a) all registration information
you submit is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 15 years of age or older; and (d) your use of the funnext.com
Services does not violate any applicable law or regulation. Your profile may be
deleted and your Membership may be terminated without warning, if we believe that
you are under 15 years of age.
2. Term.
This
Agreement will remain in full force and effect while you use the Site and/or are
a Member of funnext.com. You may terminate your Membership at any time, for any
reason, by following the instructions on the Member's Account Edit page. Funnext.com
may terminate your access to the Site and/or your membership for any reason which
shall be effective upon sending notice of termination to you at the email address
you provide in your application for membership or such other email address as you
may later provide to funnext.com. You acknowledge that funnext.com reserves the
right to charge for the funnext.com Services and to change its fees from time to
time in its discretion. If funnext.com terminates your Membership because you have
breached the Agreement, you shall not be entitled to the refund of any unused portion
of subscription fees. Even after this Agreement is terminated, certain provisions
will remain in effect including sections 4,5,7,9 -12, inclusive, of this Agreement.
3. Non-Commercial Use by Members.
The
funnext.com Site is for the personal use of individual members only, and may not
be used in connection with any commercial endeavors. This includes providing links
to other websites, whether deemed competitive to funnext.com or otherwise. Organizations,
companies, and/or businesses may not become Members of funnext.com and should not
use the funnext.com Service or Site for any purpose. Illegal and/or unauthorized
use of the funnext.com Services, including collecting usernames and/or email addresses
of Members by electronic or other means for the purpose of sending unsolicited email
or unauthorized framing of or linking to the funnext.com Website is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation may
be removed from Member profiles without notice and may result in termination of
Membership privileges. Illegal and/or unauthorized uses of the Site, including unauthorized
framing of or linking to the Site will be investigated, and appropriate legal action
will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Other Terms of Use by Members.
You may not engage in
advertising to, or solicitation of, other Members to buy or sell any products or
services through the Service. You will not transmit any chain letters or junk email
to other funnext.com Members. Although funnext.com cannot monitor the conduct of
its Members on the funnext.com Site, it is also a violation of this Agreement to
use any information obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any Member
without their prior explicit consent. In order to protect funnext.com and/or our
Members from any abuse/misuse, funnext.com reserves the right to restrict the number
of communications/profile contacts & responses/emails which a Member may send
to other Member(s) in any 24-hour period to a number which funnext.com deems appropriate
in its sole discretion. You will not send any messages to other Members that are
obscene, lewd, licentious, and defamatory, promote hatred and/or are racial or abusive
in any manner. Transmission of any such messages shall constitute a breach of this
Agreement and funnext.com shall be entitled to terminate your membership forthwith.
Funnext.com reserves the right to screen messages that you may send to other Member(s).
You may not use any
automated processes, including IRC Bots, EXE's, CGI or any other programs/scripts
to view content on or communicate/contact/respond/interact with funnext.com and/or
its Members.
5. Content Posted on the Site.
Funnext.com owns and
retains all proprietary rights, including without limitation, all intellectual property
rights in the funnext.com Site and the funnext.com Service. The Site contains the
copyrighted material, trademarks, and other proprietary information of funnext.com,
and its licensors. Except for that information which is in the public domain or
for which you have been given express permission by funnext.com, you may not copy,
modify, publish, transmit, distribute, perform, display, or sell any such proprietary
information. All lawful, legal and non-objectionable messages (in the sole discretion
of funnext.com), content and/or other information, content or material that you
post on the forum boards shall become the property of funnext.com. funnext.com reserves
the right to scrutinize all such information, content and/or material posted on
the forum boards and shall have the exclusive right to either remove, edit and/or
display such information, material and/or content
You understand and agree
that funnext.com may delete any content, messages, photos or profiles (collectively,
"Content") that in the sole judgment of funnext.com violates this Agreement or which
might be offensive, illegal, defamatory, obscene, libelous, or that might violate
the rights, harm, or threaten the safety of other funnext.com Members.
You are solely responsible
for the Content that you upload, publish or display (hereinafter, "post") on the
Site through the funnext.com Service, or transmit to other funnext.com. Members
and funnext.com expressly disclaims any or all liability in connection with these
posts. Funnext.com reserves the right to verify the authenticity of Content posted
on the Site. In exercising this right, funnext.com may ask you to provide any documentary
or other form of evidence supporting the Content you post on the Site. If you fail
to produce such evidence, or if such evidence does not in the reasonable opinion
of funnext.com establish or justify the claim, funnext.com may, in its sole discretion,
terminate your Membership without a refund of your subscription fees.
Funnext.com does not
claim any ownership rights in the text, files, images, photos,
forums, video, sounds, musical
works, works of authorship, or any other materials (collectively, "Content") that
you post to the funnext.com Services. After posting your Content to the funnext.com
Services, you continue to retain all ownership rights in such Content, and you continue
to have the right to use your Content in any way you choose. By displaying or publishing
("posting") any Content on or through the funnext.com Services, you hereby grant
to funnext.com a limited license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content solely on and through the funnext.com Services.
The following is a partial
list of the kind of Content that is illegal or prohibited on the Site. Funnext.com
will investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision, including without limitation, removing the offending
communication from the Service and the Site and terminating the Membership of such
violators without a refund. It includes (but is not limited to) Content that:
1. Is patently offensive to the
online community, such as Content that promotes racism, bigotry , hatred or physical
harm of any kind against any group or individual;
2. Involves the transmission
of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
3. Harasses or advocates harassment
of another person;
4. Promotes information that
the person posting it is aware that it is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5. Contains restricted or password
only access pages, or hidden pages or images (those not linked to or from another
accessible page) ;
6. Promotes an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
7. Includes a photograph/or part
of a photograph of another person that you have posted without that person's consent;
8. Displays pornographic or sexually
explicit material of any kind;
9. Provides material that exploits
people under the age of 18 years in a sexual or violent manner, or solicits personal
information from anyone under the age of 18 years;
10. Provides instructional information
about illegal activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
11. Solicits passwords or personal identifying
information for commercial or unlawful purposes from other users / Members; and
12. Engages in commercial activities
and/or sales without the prior written consent funnext.com such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
You must use the funnext.com
Service in a manner consistent with any and all applicable local, state, and federal
laws and regulations.
6. Copyright Policy.
You
may not post, distribute, or reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the prior written consent of
the owner of such proprietary rights. Without limiting the foregoing, if you believe
that your work has been copied and posted on the Site through the funnext.com Service
in a way that constitutes copyright infringement, please provide our Copyright Agent
with 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 written 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; and where applicable a copy of the registration certificate
proving registration of copyright or any other applicable intellectual property
right; 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. Funnext.com's Copyright Agent for Notice of
claims of copyright infringement can be reached by writing to the funnext.com address
located under the Contact us section on the site.
7. Member Disputes.
You
are solely responsible for your interactions with other funnext.com Members. Funnext.com
reserves the right, but has no obligation, to monitor disputes between you and other
Members.
8. Privacy.
Use
of the funnext.com Services is also governed by our Privacy Policy, which is incorporated
into this Agreement by this reference.
9. Disclaimers.
Funnext.com
is not responsible for any incorrect or inaccurate Content posted on the Site or
in connection with the funnext.com Service, whether caused by users visiting the
Site, Members or by any of the equipment or programming associated with or utilized
in the Service, nor for the conduct of any user and/or Member of the funnext.com
Service whether online or offline. Funnext.com assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, user and/or Member communications. Funnext.com is not responsible
for any problems or technical malfunction of any telephone network or lines, computer
on-line-systems, servers or providers, computer equipment, software, failure of
email or players on account of technical problems or traffic congestion on the Internet
or at any website or combination thereof, including injury or damage to users and/or
Members or to any other person's computer related to or resulting from participating
or downloading materials in connection with the funnext.com Site and/or in connection
with the funnext.com Service. Under no circumstances will funnext.com be responsible
for any loss or damage to any person resulting from anyone's use of the Site or
the Service and/or any Content posted on the funnext.com Site or transmitted to
funnext.com Members. The exchange of profile(s) through or by funnext.com should
not in any way be construed as any offer and/or recommendation from/by funnext.com.
Funnext.com shall not be responsible for any loss or damage to any individual arising
out of, or subsequent to, relations established pursuant to the use of funnext.com.
The Site and the Service are provided "AS-IS AVALIABLE BASIS" and funnext.com expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
Funnext.com cannot guarantee and does not promise any specific results from use
of the Site and/or the funnext.com Service.
10. Limitation on Liability.
Except
in jurisdictions where such provisions are restricted, in no event will funnext.com
be liable to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost profits arising from
your use of the Site or the funnext.com Service, even if funnext.com has been advised
of the possibility of such damages. Notwithstanding anything to the contrary contained
herein, funnext.com, liability to you for any cause whatsoever, and regardless of
the form of the action, will at all times be limited to the amount paid, if any,
by you to funnext.com, for the Service during the term of membership.
11. Disputes.
If there
is any dispute about or involving the Site and/or the Service, by using the Site,
you agree that the dispute will be governed by the laws of
India
. You
agree to the exclusive jurisdiction to the courts of Jalalabad (West),
Punjab, India
.
12. Indemnity.
You
agree to indemnify and hold funnext.com, its subsidiaries, directors, affiliates,
officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made by any third party
due to or arising out of your use of the Service in violation of this Agreement
and/or arising from a breach of these Terms of Use and/or any breach of your representations
and warranties set forth above and/or if any Content that you post on the funnext.com
Website or through the funnext.com Services causes funnext.com to be liable to another.
Other.
By becoming a Member
of the Site / funnext.com Service, you agree to receive certain specific emails
from funnext.com.
This Agreement, accepted
upon use of the Site and further affirmed by becoming a Member of the funnext.com
service, contains the entire agreement between you and funnext.com regarding the
use of the Site and/or the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
You are under an obligation
to report any misuse or abuse of the Site. If you notice any abuse or misuse of
the Site or any thing which is in violation of this Agreement, you shall forthwith
report such violation to funnext.com by writing to info@funnext.com. On receipt
of such complaint, funnext.com may investigate such complaint and if necessary may
terminate the membership of the Member responsible for such violation abuse or misuse
without any refund of subscription fee. Any false complaint made by a Member shall
make such Member liable for termination of his / her membership
Funnext.com
is a trademark of Value Plus Computer Networking Pvt. Ltd. By joining funnext.com,
you confirm that you have read the above provisions and agree to abide by them.
Please
email us at info@funnext.com if you have any questions regarding this Agreement.
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