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Privacy Statement |
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| FUNSPOTPALS WELCOMES YOU TO FUNSPOTPALS.COM,
THE NEW INNOVATIVE WAY TO LINK YOU WITH OTHERS WHO SHARE
YOUR PASSION FOR FUN AND ADVENTURE. PLEASE READ THE
FOLLOWING TERMS OF USE, WHICH EXPLAIN HOW YOU MAY USE
THIS SITE AND ITS RELATED SERVICES. BY ACCESSING, VIEWING,
OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS, YOU MUST EXIT IMMEDIATELY. |
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| USE OF SITE |
| This Terms and Conditions Agreement contains the terms and conditions under which you may use this site and is intended to create a legally binding contract between you and FunspotPals.com. You must be at least eighteen (18) years of age and able to enter into binding contracts to continue in FunspotPals.com. We invite you to browse our site, sit back and enjoy the scenery. Using the services offered by FunspotPals.com legally binds you to this Agreement. You are only authorized to use the services if you agree to abide by the applicable laws and the terms and conditions in this Agreement. You will be asked at the end of this Agreement to indicate your acceptance of this Agreement before registering and beginning your fun-filled adventure.
In this Agreement, information will be provided as to your rights, obligations, and restrictions on using the FunSpotPals.com site and services, privacy and FunSpotPals.com rights. |
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| SITE CONTENT AND OWNERSHIP |
| The website is owned by FunspotPals.com. The information contained in the site, including all images, designs, photographs, sounds, videos, writings and other materials (“materials”) are the property of FunspotPals.com. This information is protected by copyright, trademark, trade secrets, patent laws and other proprietary rights. FunspotPals.com owns and retains all rights to this site and the information it contains. FunspotPals.com grants to you a limited revocable license to reproduce and display the material for your personal use only in viewing the site or utilizing the services contained in this site. Your use of the site by providing or posting any photographs, images, messages, profile, writings or any other material will grant FunspotPals.com a non-exclusive worldwide license at no charge, to use, copy, modify, delete, reproduce, transmit, or publicly display for as long as you participate in the services to fulfill the purposes of FunspotPals.com You must be the owner of and responsible for any material you post on the site and your postings shall not violate any privacy, publicity, copyright or contract rights. In the event material posted by you violates any such rights, you agree to pay for all fees, cost or other monies owing any person by virtue of your improper posting. You also agree to notify FunspotPals.com immediately so that any violating material can be deleted. FunspotPals.com does not provide any identifying information to other members. Identifying or personal information can only be provided to other members by you. You are solely responsible for the material you post and any information you choose to transmit to other members and for your interactions with other members. If disputes arise between members, FunspotPals.com will attempt to assist with a resolution, if requested. |
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| PROHIBITED MATERIAL |
FunspotPals.com wants your travel experience to be as enjoyable as possible. FunspotPals.com provides you with the opportunity to get to know your travel pal through emails, chat rooms and instant messaging. Misuse of any of FunspotPals.com forums will not be tolerated.
In the event FunspotPals.com determines, in its sole discretion, that material posted is uploaded or in any way communicates or transmits to another member offensive, illegal, threatening, or otherwise harmful information, it will delete such material. By way of example only, material that is prohibited includes information that:
- Is sexually explicit
- Promotes violence
- Promotes harassment and/or stalking
- Promotes racism
- Solicits personal information
- Uploads, posts or otherwise transmits any unsolicited or unauthorized material
comprising of junk mail,
spam or any other form
of solicitation
- Provides false information or impersonates another person or member
- Solicits members to buy or sell products
- Promotes activities such as contests without authorization
- Violates privacy
- Uses the services in any manner inconsistent with this Agreement or in violation
of applicable local, state,
national or international laws
- Violates copyright laws by uploading, transmitting, or otherwise making available
information that infringes
upon any patents, trademark, trade secret, copyright
or other proprietary rights.
- Uploads, posts or otherwise transmits any material that contains a virus
or any other code designed to
interrupt, destroy, or limit the functioning of any
computer software/hardware
- Provides material, support or resources or aids
in the concealment of the nature, location, source
or
ownership of material to
any organization(s) listed by the United States government
as a foreign
terrorist group or organization pursuant to Section
219 of the Immigration and Naturalization Act.
Any member who discovers, receives, or is aware of
any prohibited material being posted should notify
FunSpotPals.com so that the matter may be handled
immediately. |
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| DISCLAIMER OF WARRANTY |
You expressly agree that use of this Web site is at your sole risk. Neither FunspotPals.com, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. FunspotPals.com is not responsible for any problems or technical malfunction of any telephone lines, computer equipment, including servers or providers, software and/or failure of or delay in any systems due to internet traffic, congestion or viruses. Postings on this site may contain links to other websites. FunspotPals.com is not responsible for the content or accuracy of such other websites. FunspotPals.com assumes no responsibility for any products, goods or services that may be offered by other website links. FunspotPals.com assumes no responsibility for the background or character of its users or who is selected as a travel pal.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, FunSpotPals.com does not warrant reliability of any statement or other information displayed or distributed through the site. FunSpotPals.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. FunSpotPals.com may make any other changes to this site, the Materials, the products, programs, services, or prices (if any) described in this site at any time without notice.
As a convenience to you, FunSpotsPals.com will contain links to other travel-related web sites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by FunspotPals.com. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by FunspotPals.com. FunspotPals.com does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by FunspotPals.com. Links do not imply that FunspotPals.com or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of FunspotPals.com or any of its affiliates or subsidiaries. Except for links to information authored by FunspotPals.com, FunspotPals.com is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. FunspotPals.com reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. FUNSPOTPALS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FUNSPOTPALS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT. |
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| LIMITATION OF LIABILITIES |
| FUNSPOTPALS.COM AND ITS PROVIDERS SHALL IN NO EVENT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, NEGLIGENCE OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, SHALL FUNSPOTPALS OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER FUNSPOTPALS.COM OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. |
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| INDEMNIFICATION |
| You agree to indemnify, defend, and hold harmless
FunSpotPals.com, its affiliates, officers, agents,
employees, licensors, and sublicensors from and against
any loss, liability, claims and demands, expenses,
including reasonable attorney fees, arising out of
or related in any way to your use of the site, its
services, violation of this Agreement, violation of
any law or regulation, or violation of any proprietary
or privacy right. |
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| PRIVACY POLICY |
| Use of these services is also governed by our Privacy Policy, which is fully incorporated herein by reference. You may access the Privacy Agreement by clicking on the link at the bottom of the page. |
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| TERM AND TERMINATION |
| Without limiting its other remedies, FunspotPals.com may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion. |
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| CONTROLLING LAW, JURISDICTION AND INTERNATIONAL
USERS LIMITATION ON CLAIM |
| This Agreement is governed by and shall be construed
in accordance with the laws of the State of Michigan,
U.S.A., without reference to its conflicts of laws provisions.
FunspotPals.com makes no representation that the materials
are appropriate or available for use outside the United
States. If you access this site from outside the United
States, you will be responsible for compliance with
all local laws. You agree to comply with all laws and
regulations applicable to your use of this site. If
there is a dispute as to the material posted or services
utilized, you agree that any dispute shall be governed
by the laws of the State of Michigan and you agree to
submit to the personal and exclusive jurisdiction of
the state or federal courts located within the State
of Michigan for any disputes with FunspotPals.com arising
out of your use of this site. Any cause of action you
may have with respect to your use of this site must
be commenced within six (6) months after your claim
arises or be forever barred. |
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| ENTIRE AGREEMENT |
| This Agreement constitutes the entire agreement between
FunspotPals.com and you with respect to this Web site,
and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written,
between you and FunspotPals.com with respect to this
Web site. A printed version of this Agreement and of
any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon
or relating to this Agreement to the same extent and
subject to the same conditions as other business documents
and records originally generated and maintained in printed
form. If for any reason a court of competent jurisdiction
finds any provision of this Agreement or portion thereof
to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to affect the
intent of this Agreement, and the remainder of this
Agreement shall continue in full force and effect. No
waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default. |
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| MODIFICATIONS TO AGREEMENT |
| FunspotPals.com may revise this Agreement at any time
and you agree to be bound by the revised Agreement.
Any such modifications will become effective upon the
date they are first posted to this site. It is your
responsibility to return to this Agreement from time
to time to review the most current terms and conditions.
FunspotPals.com does not and will not assume any obligation
to notify you of changes to this Agreement other than
by posting such changes. Your continued use of the services
after any modifications/postings will bind you to the
changes. |
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| ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES |
| You agree to be bound by any affirmation, assent, or
agreement you transmit through this Web site, including
but not limited to any consent you give to receive communications
from FunspotPals.com solely through electronic transmission.
You agree that when in the future you click on an "I
agree," "I consent," or other similarly worded "button"
or entry field with your mouse, keystroke, or other
computer device, your agreement or consent will be legally
binding and enforceable and the legal equivalent of
your handwritten signature. |
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| I HAVE READ THIS AGREEMENT AND AGREE TO
ALL OF THE PROVISIONS CONTAINED HEREIN. |
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