This Internet Web Site Use Agreement (the "Agreement") is between you and Funifier Inc. (the "Company" or “we”). Your use of the Funifier Inc., Internet Web Site (the "Web Site") is subject to the following terms and conditions of use:
YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. YOU AGREE THAT BY USING THE WEB SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. USE OF THE WEB SITE SIGNIFIES YOUR UNCONDITIONAL AGREEMENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS WEB SITE.
Information. The Company may gather, process and use information and materials received from you (e.g., name, physical address, e-mail address) or collected through your use of the Web Site for any lawful reason or purpose.
Web Site Revisions. The Company, at its sole discretion, may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database or Content. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability.
Restricted Access. Access to certain areas of the Web Site may be restricted. The Company, in its sole discretion, reserves the right to restrict access to certain areas of the Web Site or the Web Site itself. The Company, in its sole discretion, may disable your user ID and password at any time without notice.
Intellectual Property Ownership. Unless otherwise stated, the Company or its licensors own the intellectual property rights in the Web Site and material on the Web Site. All content included on the Web Site, including the information, text, images, pictures, graphics, logos, icons, images, video clips, audio clips, software, and other materials is the exclusive property of Funifier Inc., or its licensors and is protected by U.S. and international copyright laws. You may download and make copies of the content and other downloadable items displayed on the Web Site, provided that you maintain all copyright and other notices contained in the downloaded materials. Copying or storing of any content on the Web Site for reproduction, redistribution, or publication to third parties for commercial purposes is expressly prohibited without prior written permission from the Company. All rights to the Company’s copyrighted materials not expressly granted herein are reserved by the Company.
Acceptable Use Policy.
A) The Company requires that all visitors and users of the Web Site conduct themselves with respect for others. In
particular, the following rules govern the use of the Web Site:
i) Abusive Behavior: Users shall not harass, threaten, or defame any person or entity. Users shall not contact any person who has requested no further contact. Users shall not use ethnic, religious, or other slurs against any person or group.
ii) Privacy: Users shall not violate the privacy rights of any person. Users shall not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Users shall not cooperate in or facilitate identity theft.
iii) Intellectual Property: Users shall not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Users shall not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
iv) Hacking, Viruses, & Network Attacks: Users shall not access any computer or communications system without authorization, including the computers used to provide the Service. Users shall not attempt to penetrate or disable any security system. Users shall not intentionally distribute a computer virus, launch a denial-of-service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Users shall not attempt to access or otherwise interfere with the accounts of other users of the Web Site.
v) Spam: Users shall not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Users shall not facilitate or cooperate in the dissemination of Spam in any way. Users shall not violate the CAN-Spam Act of 2003.
vi) Fraud: Users shall not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Users shall not commit fraud in any other way.
vii) Violations of Law: Users shall not violate any law.
B) Consequences of Violation. Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the user’s account, IP blocking, or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. The Company reserves the right to take any other remedial action it sees fit.
C) Reporting Unacceptable Use. The Company requests that anyone with information about a violation of this AUP report it via an e-mail to the following address: [email protected]. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP address if available, as well as details of the violation.
Grant of License. By posting messages, uploading files, inputting data or engaging in any other form of communication to the Web Site, you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise fully exploit such communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications. Any such submissions will not be treated as confidential or proprietary. Any information and material you submit shall not be illegal or unlawful and shall not infringe any person’s or entity’s intellectual property rights. Funifier Inc., reserves the right to edit or remove any material submitted to the Web Site.
Non-Confidential. You acknowledge that communications involving the Web Site are not confidential and that communications may be read or intercepted by others. You acknowledge that by submitting communications to the Company, no confidential, fiduciary, contractually implied, or other relationship is created between you and the Company other than pursuant to this Agreement.
Representations and Warranties. You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which: (i) restrict or inhibit any other user from using and enjoying the Web Site; (ii) are unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, or any other proprietary right; (v) contain a virus or other harmful or destructive elements; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false or misleading indications of origin or statements of fact.
Third Party Links. The Web Site may contain hypertext links and pointers to the other World Wide Web Internet sites and resources operated and controlled by parties other than the Company. Links to and from the Web Site to such third-party sites do not imply or constitute an endorsement by the Company of any third-party material or contents and the Company does not assume any responsibility or liability for any third party material or contents.
Accuracy of Information. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.
Disclosure of Information. The Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in the Company's sole discretion are objectionable or in violation of this Agreement.
DMCA Compliance. The Company uses the copyright infringement procedures of the Digital Millennium
Copyright Act (“DMCA”).
A. Notice of Copyright Infringement
To notify us of copyright infringement, please send an email communication to Funifier Inc., at the contact point listed below in Part C below. That email communication should include the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice by Accused Author
If you are an author and we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending an email communication to Funifier Inc., at the contact point listed in Part C below. That written communication should include the following:
1) A physical or electronic signature of the author.
2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3) A statement under penalty of perjury that the author has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4) The author’s name, address, and telephone number, and a statement that the author consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the author’s address is outside of Canada, the District Court of Montreal, and that the author will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
C. Agent for Notices
Please send all notices required by this policy to [email protected]
D. Termination of Repeat Infringers
In appropriate circumstances, we will terminate the accounts of authors who are repeat copyright infringers.
E. Revision of Policy
We may revise this policy at any time, including by posting a new version on the Web Site.
THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECT WILL BE CORRECTED. THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec, without regard to conflicts of laws provisions. You hereby agree and consent that the sole and exclusive jurisdiction for any action or proceeding arising out of or relating to this Agreement shall be the state or provincial courts located in Montreal in the province of Quebec.
Submission of Information to the Company. The Company has a policy that does not allow it to accept or consider creative ideas, suggestions, or materials other than those that are intended to be posted publicly on the Web Site or which have been specifically requested or otherwise affirmatively solicited by the Company in writing. It is the intent of this policy to avoid possible misunderstandings as to the ownership of creative ideas, concepts, suggestions, or materials. If you send any creative materials, suggestions, ideas, notes, drawings, concepts, or other information (collectively known as the “Information”) to the Company in printed form, electronic means or otherwise, the Information shall be deemed to be the property of the Company and shall not be subject to any obligations of confidence, non-disclosure, or non-usage. The Company is hereby entitled to unrestricted usage of the Information on a worldwide basis without compensation to the provider of the Information.
Remedies for Breach. Without prejudice to the Company’s other rights under, and remedies for breach of, this Agreement, if you breach this Agreement, the Company may take such action as it deems appropriate to respond to the breach, including suspending or blocking your access to the Web Site, blocking computers using your IP address from accessing the Web Site, contacting your internet service provider to request that they block your access to the Web Site and/or bringing legal action against you.
Assignment. The Company may assign or otherwise transfer its rights and/or obligations under this Agreement without notifying you or obtaining your consent.
Nonwaiver. The failure of the Company at any time to enforce any of the provisions of this Agreement shall in no way be construed as a waiver of such provisions and shall not affect the right of the Company thereafter to enforce each and every provision thereof in accordance with its terms.
Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement. This Agreement constitutes the entire agreement between the Company and you with respect to your use of and access to the Web Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. Any cause of action you may have with respect to your use of and access to the Web Site must be commenced within one (1) year after the claim or cause of action arises. 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 or the Web Site to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by the Company.
FEDERAL TRADE COMMISSION DISCLAIMER
This FTC Disclaimer is provided to ensure that any commercial relationships between articles, comments,
endorsements, and recommendations concerning products, services, or other web sites and the owners of such
products, services, and web sites are fully disclosed.
Under the terms of FTC requirements, whenever there are articles, comments, endorsements, or recommendations concerning products, services, or other web sites on this Web Site, Funifier Inc. (“Company”) will disclose the existence of any relationships between (A) those products, services, and web sites and (B) the author, the Company, or this Web Site. Whenever this is the case, that disclosure will be conspicuously posted in or next to the particular article, comment, endorsement, or recommendation in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
Any third-party comments, representations, recommendations, endorsements, and testimonies are provided solely by each individual making such comments, representations, recommendations, endorsements, or testimonies. They have NOT been verified for accuracy or truthfulness by the Company and the Company disclaims all liability for such comments, representations, recommendations, endorsements, and testimonies.
You should always research any product, service, or web site before purchasing or using anything mentioned on this Web Site. Any product claim, statistic, quote, or other representation about a product or service should be independently verified by the reader.
The information provided in this Web Site and documents posted on this server may contain hypertext links or pointers to information created and maintained by other public and private organizations. These links and pointers are provided for the users’ convenience. Funifier Inc., does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of links or pointers to particular items is neither intended to reflect their importance nor endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTICE
This Web Site and any products and services described on this Web Site are not intended for, or directed toward,
people who are under 13 years old. The owner of this Web Site, Funifier Inc., does not knowingly market to
children under the age of 13 years old, nor does it knowingly collect, directly or through third party service
providers, names, email addresses, or any other personally identifiable information from children under the age of
13 years old. If Funifier Inc., becomes aware that personal information was collected inadvertently from a child
under the age of 13 years old, the information will be deleted as soon as practicable.
Funifier Inc., sometimes uses non-personally identifiable or "aggregate information" that is collected for various purposes, including to estimate the number of visitors for advertisers, to identify which areas of the Web Site are visited, and for other similar advertising purposes. This aggregate data is not information that could be used to identify or contact visitors of any age. This Web Site does not otherwise use passive technologies to track individual visitors’ onsite activities.
This Web Site may include linked third-party sites that would be of interest to children under the age of 13 years old. Funifier Inc., has no control over, and is not responsible for, the privacy and security of third-party sites. Parents should review the privacy policies of these sites closely before allowing children to provide any personally identifiable information.
If you have any questions, comments or concerns regarding our policies and/or practices, please contact Funifier Inc., at [email protected].
Last update February, 2021.