Big Fish Design: Terms and Conditions of Use
This Web Site agreement (the “Agreement”) is between you and Big Fish Design with a principal place of business at 15486 Waters Creek Drive, Centreville, VA 20120. Use of this Web site (“Funology.com”, or other Big Fish Design sites) signifies your agreement to the terms and conditions of use set forth below in the Agreement. If you do not agree to the terms and conditions set forth herein, please do not go any further into this site.
Conditions of Use
License to Use Funology.com and Contents
Subject to the terms and conditions set forth in this Agreement, Big Fish Design grants you a non-exclusive, non-transferable, limited right to access, use and display Funology.com and the materials thereon, provided that you comply fully with the terms and conditions of this Agreement. Funology.com is only for your personal noncommercial use. You agree not to interrupt or attempt to interrupt the operation of Funology.com in any way.
All material on Funology.com, including without limitation text, images, software, audio and video clips, as defined below (collectively the “Content”) is owned or controlled by Big Fish Design. Funology.com and the Content are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions displayed on Funology.com.
You may not download, display, reproduce, create derivative works from, transmit, sell distribute, or in any way exploit Funology.com or any portion thereof for any public or commercial use without the express written permission of Big Fish Design. You may view and download one (1) copy only of material from Funology.com (unless otherwise specifically indicated) for your personal, non-commercial home use only, provided that you maintain all copyright and other notices contained therein.
You may not: (a) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic means of obtaining lists of users or other information from or through Funology.com, including without limitation any information residing on any server or database connected to Funology.com; (b) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (c) use Funology.com in any manner with the intent to damage, disable, overburden, or impair Funology.com; or (d) frame Funology.com with any other content or information without the prior written permission of Big Fish Design.
Rules for Forums and Other Uploading of User Material
You alone are responsible for the content and consequences of any of your messages. In addition to any other rules or regulations that we may post in connection with a comment, bulletin board or other forum on Funology.com, you agree that you shall not upload, post or transmit to or distribute or otherwise publish through Funology.com, any materials which (i) restrict or inhibit any other user from using and enjoying Funology.com, (ii) are unlawful, threatening, abusive, libelous, 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 local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from this Web Site or Big Fish Design.
Copyright Act Agent.
Big Fish Design maintains a policy of termination in appropriate circumstances of users who use Funology for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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. Big Fish Design, 15486 Waters Creek Drive, Centreville, VA 20120.
Editing and Disclosure of User Material
Big Fish Design reserves the right, but does not have an obligation, to review all materials posted to Funology.com by users, and Big Fish Design is not responsible for any such materials posted by users. However, Big Fish Design 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 Big Fish Design’s sole discretion are objectionable or in violation of this Agreement.
Big Fish Design Rights to Materials Provided by Users
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to Funology.com, you grant to Big Fish Design 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 exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Big Fish Design of any material or idea submitted by you in any Communications. You waive all rights to any claim against Big Fish Design 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. You agree and understand that Big Fish Design is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever, and is not responsible for maintaining, and may delete at any time, any of your Communications.
No Responsibility for Transmitted Material
You acknowledge that material transmitted to and from Funology.com are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Big Fish Design or Funology.com, no confidential, fiduciary, contractually implied or other relationship is created between you and Big Fish Design other than pursuant to this Agreement. Big Fish Design shall not be responsible for the payment of any monies to any party in connection with Big Fish Design’s use of Communications submitted by you to Funology.com.
Links to Other Web Sites
Funology.com contains links and pointers and sometimes may frame other Internet sites, resources, advertisers, and sponsors of Funology.com. Links from Funology.com to Web sites maintained by third parties and the framing of third-party sites do not constitute an endorsement by Big Fish Design of such third party resources or their contents. Links and frames also do not imply that Funology sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site, or that any such site is authorized to use any trademark, tradename or logo of Funology. You should direct any concerns regarding any external link to its site administrator or webmaster. Big Fish Design does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through Funology.com. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Big Fish Design reserves the right, in its sole discretion, to correct any errors or omissions in any portion of Funology.com.
Big Fish Design may include routing buttons within Funology.com, the activation of which will allow you to access and learn about Funology and other services provided by Big Fish Design or its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES PERTAINING TO THE USE OF SUCH SERVICES.
Third Party Services
You may order services or merchandise through Funology.com from other persons or companies not affiliated with Funology (“Sellers”). All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc. are solely between you and the Seller. You will not consider Big Fish Design, nor will Big Fish Design be deemed, a party to such transactions, whether or not Big Fish Design may have received some form of revenue or other compensation in connection with the transaction, or liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. Big Fish Design MAKES NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES PURCHASED ON OR OBTAINED THROUGH THE FUNOLOGY WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE FUNOLOGY WEB SITE. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES OR PARTICIPATION IN ANY TRANSACTION IS SOLELY AT YOUR OWN RISK.
You agree to indemnify, defend and hold Big Fish Design, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of or failure to use Funology.com, or any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Big Fish Design reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Big Fish Design.
Disclaimer of Warranties and Damages; Limitation of Liability
THE FUNOLOGY WEB SITE (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE FUNOLOGY WEB SITE) ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BIG FISH DESIGN DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER FOR THE FUNOLOGY WEB SITE; OR THAT THE FUNOLOGY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIG FISH DESIGN AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE FUNOLOGY WEB SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO BIG FISH DESIGN’S NEGLIGENCE.
UNDER NO CIRCUMSTANCES SHALL BIG FISH DESIGN OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE FUNOLOGY WEB SITE, EVEN IF BIG FISH DESIGN OR ITS SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BIG FISH DESIGN OR ITS SUBSIDIARIES OR AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
Changes to Agreement
Big Fish Design reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time by posting an amended version of the Agreement on the Web Site. Changes in this Agreement will be effective when posted. Your continued use of the Web Site after any changes to this Agreement are posted will be considered acceptance of those changes.
Big Fish Design may terminate, change, suspend or discontinue any aspect of Funology.com at any time. Big Fish Design may also impose limits on certain features and services or restrict your access to part or all of Funology.com without notice or liability.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF FAIRFAX, STATE OF VIRGINIA.
We control and operate Funology.com from our offices in the United States of America. We do not represent that materials on Funology.com are appropriate or available for use in other locations. Persons who choose to access Funology.com from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement constitutes the entire agreement between Big Fish Design and you with respect to your use of Funology.com. Any cause of action you may have with respect to your use of Funology.com must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Copyright ©2013 Big Fish Design All rights reserved. This Site and any content appearing on it may not be published, broadcast or otherwise distributed without the prior written permission of Big Fish Design. The compilation of all content on this site is the exclusive property of Big Fish Design and protected by U.S. and international copyright laws.
BIG FISH DESIGN, FUNOLOGY, THE SCIENCE OF HAVING FUN, BRAIN DRAINS, PRESTO, BOREDOM BUSTERS, other marks, cartoon characters, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Big Fish Design, in the United States and other countries. Big Fish Design’s trademarks and trade dress may not be used in connection with any product or service that is not Big Fish Design’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Big Fish Design. All other trademarks not owned by Big Fish Design that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Big Fish Design.
These materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
To receive permission to reproduce material, please contact:
Big Fish Design
15486 Waters Creek Drive
Centreville, VA 20120
TEL: (703) 502-1321
E-MAIL: inquiries (at) funology.com