Fundly, Inc. (“Fundly”) maintains this web site (the “Fundly Site”) as a service to: its visitors; its clients who create websites (“Client Websites”) using Fundly services (“Services”) through a separate Services Agreement (“Clients”); and visitors to Client’s Websites, (visitors, Clients, and visitors to Client’s Websites are collectively referred to as, the “Users” and individually as “User”).
1. Registration, Accounts, Passwords and Use.
5. User Content.
User represents and warrants that the User Content does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
By posting, uploading or otherwise distributing the User Content on the Fundly Site, User hereby grants (and represent and warrant that User has all necessary rights to grant) to Fundly a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to all User’s rights in the User Content (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such User Content and incorporate such User Content into other works in any form, media or technology.
By providing User Content to the Fundly Site, User hereby permits Fundly to identify User as the provider of such User Content in any form, media and technology. User may revoke this license in regard to the right to display the User Content by removing the User Content from the Fundly Site.
User agrees that Fundly has no liability or responsibility for the storage or deletion of any User Content that User submits or posts through the Sites.
6. Rules and Conduct.
Any information; ideas or opinions posted by Users of the Service or Fundly Site does not necessarily reflect Fundly’s views. Fundly does not assume responsibility for the accuracy of any information, ideas or opinions posted by Users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. When posting any information, materials or content User agrees that User will not:
User must at all times use the Sites and the Service in a responsible and legal manner. In particular (but not exclusively) User must not do any of the following: misrepresent User’s identity or User’s affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from User; delete or falsify any attributions, trademarks or designations of source from any website content; or interfere with or disrupt the service or services or networks connected to the Service or Sites; collect or store personal data about other users including email addresses without consent. User agrees that User will comply with all applicable local, state and federal laws, statutes and regulations regarding use of the Sites and Services.
7. Dealing with Third Parties.
The Fundly Site may provide links to third-party websites or services and may link User automatically to sponsors’ or third party’s websites or services. Fundly provides such links solely for the convenience of Users. Fundly does not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. User assumes full responsibility for User’s use of third-party websites or services.
8. Exclusion of Warranty.
THE SITES, SERVICES, AND THE CONTENTS THEREIN AND/OR THE CONTENT PROVIDED BY FUNDLY.COM, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability.
FUNDLY.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF THE USE OF THE SITES OR SERVICES.
11. International Use.
The Fundly Site is controlled and operated from within the United States. Fundly makes no representation that the Fundly Site is appropriate or available in locations outside of the United States. Those who choose to access the Fundly Site from other locations do so at their own risk and are responsible for compliance with applicable laws.
13. General Provisions.
© 2013 Fundly, Inc. All rights reserved.