TRANSACTIONS BETWEEN CONSUMERS & VENDORS
All transactions are solely between Consumers and Vendors and take place outside of our site. FunandYou.com is not involved in any way as a party to them. FunandYou.com's sole function is to provide an online directory of vendors and a marketplace to facilitate the exchange of information between Consumers and Vendors, and to enable them to enter into transactions with each other. In entering into such transactions and in using this Site, both the Consumer and the Vendor acknowledge and agree that each is acting as an independent contractor.
SERVICES
FunandYou.com makes it's Site available as a entertainment vendor directory & online marketplace/auction where consumers entertainment services and providers of entertainment services can interact in posting, bidding, awarding and accepting services. Consumers may, among other things, post Events, browse directory Ads', Vendor profiles and award work, among other things, establish an online presence through an Ad in their appropriate category in the directory or their interactive profile, promote themselves and their services, browse wanted listings, submit bids and get work.
The value, reputation and goodwill of the site depends upon Consumers and Vendors using the Site in good faith in accordance with these Terms and Conditions. FunandYou.com may suspend, terminate or take any other action it deems necessary to protect the reputation, value and general goodwill of the website. While FunandYou.com requires its members to be honest and accurate with their provided information on its Site, it has no control over and cannot guarantee the accuracy or truthfulness of all information. Information provided by Consumers and Vendors shown on the website does not constitute an endorsement or recommendation by FunandYou.com.
FEES
Subscription Fee. At this time FunandYou.com does not charge a subscription fee. In the future, Consumers and Vendors may have the option of selecting from various subscription levels providing certain levels of participation on the Site as described elsewhere in these Terms and Conditions.
Transaction Fee. At this time FunandYou.com does not charge a Transaction Fee. In the future, FunandYou.com may charge a Transaction Fee as described elsewhere in these Terms and Conditions.
Services Fees. FunandYou.com offers featured advertising and other enhanced sales features as follows:
Advanced, Deluxe, Regional and Banner advertising on the FunandYou.com directoryHiding projects from search engines on the FunandYou.com Market Place AuctionFeatured Postings on the FunandYou.com Market Place AuctionBlind & Sealed Bidding on the FunandYou.com Market Place Auction
Payment Processing Fees. FunandYou.com will charge the Consumer and/or the Vendor for any fees FunandYou.com pays to PayPal and you agree to pay such fees at the time of transaction.
Other Fees. FunandYou.com may also charge fees for Inactive Accounts
Accounts as described elsewhere in these Terms and Conditions.
As a Consumer and as an Vendor, you acknowledge and agree that you will not take any action, directly or indirectly, to circumvent any of these fees.
MEMBER ELIGIBILITY AND OBLIGATIONS
You must be a legal entity, or an individual 18 years or older who can form legally binding contracts to access services through our site. You must accept all of these Terms and Conditions to register for an Account with FunandYou.com and become a Member. By becoming a Member, you agree to use the Site responsibly in strict accordance with all terms and conditions of use. FunandYou.com reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone for any reason at any time.
Accounts
You must register for an "Account" to become a Member and interact on the FunandYou.com site. You cannot register for more than one Consumer Account and one Vendor Account without express written permission from FunandYou.com. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the site, and keep this information current. Your FunandYou.com Account (including feedback) and username are not transferable, and any transfer or attempted transfer to another party is null and void.
Username and Passwords
Members will be asked to choose a username and password to register an Account. FunandYou.com will assume that any person using the Site with your username and password either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of the Account or access to your password or the password. As a Member, you agree that you are solely responsible to safeguard and maintain the confidentiality of the username and password you use to access this site.
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
(1) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
(2) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site;
(3) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of FunandYou.com;
(4) collect or harvest any personally identifiable information, including account names, from the Site; or
(5) access any content on the Service through any technology or means other than those provided or authorized by the Service.
(6) transmit spam, chain letters, or other unsolicited communications;
(7) upload invalid data, viruses, worms, or other software agents through or to the Site;
(8) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
(9) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
Accessing the audiovisual content available on the Site for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
User Content & Licence
FunandYou.com allows Users to post feedback, comments, questions, and other information ("User Content") on some areas of the site. FunandYou.com has no editorial control over User Content posted by Users on the Site and is not responsible for and does not monitor such content for accuracy or reliability. FunandYou.com reserves the right, but is not obligated, to reject and/or remove any User Content that FunandYou.com believes, in its sole discretion, violates these provisions. FunandYou.com takes no responsibility and assumes no liability for any User Content that you or any other User posts or sends on the Site. FunandYou.com is not responsible for any public display or misuse of your User Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Site, is solely your responsibility. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that FunandYou.com shall not be liable for any damages you allege to incur as a result of such User Content. FunandYou.com does not confirm or verify whether a Vendor has the expertise, or is qualified or licensed to provide the services set forth in the Vendor profile or for the Event or service being requested. You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "Post") through the site, and you agree that we are only acting as a passive conduit for your online advertising, distribution and publication of your User Content. You understand that whether or not such User Content is published, FunandYou.com does not guarantee any confidentiality with respect to any User Content. You agree not to post User Content that: (1) may create a risk of any other loss or damage to any person or property; (2) contains any information or content that is illegal; (3) may constitute or contribute to a crime or tort; (4) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (5) contains any information or content that violates the rights of others; (6) contains any information or content that we deem to be unlawful, harmful, abusive, or otherwise objectionable; (7) contains any information or content that you know is not correct and current. To the extent that your User Content contains music or video, you hereby represent that you are the owner of all the copyright rights and have the power to grant the license granted below (8) may create a risk of harm to any other person.
You hereby grant each User of the Site permission to access your User Content through the Site, and to use the same as permitted through the functionality of the Site and under these Terms and Conditions. You retain all your ownership rights in your User Content. By posting any User Content on the Site, you give FunandYou.com, and its successors and assigns, unlimited permission to use the same on the Site in any manner and without charge and to likewise use and your name, voice, and/or likeness as contained in your User Content in connection with the Site. Our rights to use your User Content will cease within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that FunandYou.com may retain for archival purposes, server copies of User Content that have been removed or deleted. The above permissions granted by you in User Content for which the Site does not provide you a means to delete or remove are perpetual and irrevocable. You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our offerings ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous and will not place FunandYou.com under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, FunandYou.com does not waive any rights to use similar or related ideas previously known to FunandYou.com, or developed by its employees, or obtained from sources other than you.
Additional User Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
You are at least 18 years of age or a legal entity and are able and competent to enter into this Agreement and to abide by its terms. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use. Your User Content and FunandYou.com's use thereof as contemplated by this Agreement and the Site will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights,privacy rights and rights of publicity. FunandYou.com may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
FunandYou.com License to User
Subject to and conditioned on compliance with this Agreement, FunandYou.com grants you permission to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Site Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of thisSite in any way for any public or commercial purpose without prior written consent of FunandYou.com or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law.This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by FunandYou.com. FunandYou.com and its licensors retain all of the rights, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site. The FunandYou.com logo and name are trademarks of FunandYou.com, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of FunandYou.com's or any third party's Intellectual Property Rights.
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
Pursuant to 17 USC. 'a7 512 as amended by Title II of the Digital Millennium Copyright Act, FunandYou.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a user of the Site www.FunandYou.com, please mail a Notice of Infringement to us at the following email address:
info@FunandYou.com
The Notice of Infringement must include substantially 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 the Provider to locate the material.
4. Information reasonably sufficient to permit the Provider 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.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with these provisions shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please provide a separate Notice of Infringement each time you wish to report alleged acts of infringement and mail it to the address provided.
COMMUNICATION
Interaction between the Consumer and the Vendor is conducted through the Site FunandYou.com. In order to maintain the proper use of your contact information, you should not enter your email address or telephone number in your profiles or Event postings. Such information should only be entered in the designated contact information fields on the registration screens. FunandYou.com expects all communication to be polite and courteous.
POSTING INFORMATION AND CONTENT
Information and content posted on the Site is solely for the use of FunandYou.com Members and authorized users of the Site. In order to maintain the high quality, reputation and integrity of the Site and to provide users with reliable and useful information, you agree not to post any false, misleading or inaccurate information or content on the Site. You further agree not to post any information or use the Site in any manner that would violate the rights of others. You may be held liable for any postings or other actions that violate the rights of others.
FunandYou.com does not guarantee the accuracy of any information or content posted on the Site and is not legally responsible for any postings that violate these Terms and Conditions or which may violate the rights of others. FunandYou.com may, in its sole discretion, remove or restrict access to any information or content it considers in violation of these Terms and Conditions.
POSTING and AWARDING EVENTS
When posting and awarding Events, you agree to:
Post only Events that are legitimate and that are not intended for any improper or illicit purpose.Provide a clear description of the services required. Respond in a timely manner to inquiries from Vendors bidding on your Event. Award a Event only after having satisfied yourself, after due diligence, that the Vendor meets your requirement for the Event. Pay all fees due to FunandYou.com.
It is not permissible to offer non-monetary compensation or to request free services when posting a Event.
PROHIBITED SITE ACTIVITIES
In addition to the prohibited actions mentioned elsewhere in these Terms and Conditions, you may not:
Suggest or solicit another user to contact you directly in order to buy or sell services outside of FunandYou.com.Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner,including aesthetic disruptions or distortions, the operation of thisSite or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms"); (ii) would or network disable or impair this Site or any other software, firmware, hardware,computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding unauthorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices); (iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information(sometimes referred to as "traps," "access codes," or "trap door"devices, or "spyware"); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.Tamper with postings of other Users, Members orFunandYou.com.Solicit or gather any User's or Member's information available from the Site, such as other usernames and email addresses,for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.Use robots, spiders, scrapers or other automated means to access information in the Site for any purpose without express written permission from FunandYou.com.Frame or link to the Site except as permitted in writing by FunandYou.com.Repeat any action after you receive warning or request to desist from FunandYou.com, whether or not that action is explicitly prohibited in these Terms and Conditions or in any other policies stated on the Site.Fail to respond to an email from FunandYou.com regarding violation, dispute or complaint within two business days.Use the Site if you are not able to form legally or ratings binding contracts, are under age or are suspended from the Site.Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).Copy, modify or distribute content from the Site,except for your own information and use, without the prior express written permission from FunandYou.com.Violate a request by FunandYou.com to refrain from posting any Event deemed by FunandYou.com in its sole discretion to be contrary to the interests of the Site or the FunandYou.com user community.
PROVIDING SERVICES
Registering to Provide Services
If you wish to participate on FunandYou.com, you must first become a Member by accurately completing the registration form. Your Account may be subject to verification. FunandYou.com can suspend or terminate your Account upon the discovery that any information you provided or posted is not true and accurate or otherwise violates these Terms and Conditions.
Bidding Guidelines
When bidding on an Event, you agree to:
Provide a clear description of your terms and conditions for accepting the Event. Respond in a timely manner to inquiries from Consumers posting Events. Accept an award of a Event only after having satisfied yourself, after due diligence, that you wish to provide the requested services for the Consumer feedback system. Pay all fees due to FunandYou.com.
Audit Provisions and Record Keeping
For a period of one year after accepting each Event, you agree to keep and maintain complete and accurate records related to the Event. If questions arise regarding services rendered, work performed or fees due toFunandYou.com, you agree to provide copies of these records and other relevant documentation to FunandYou.com within 20 days of FunandYou.com's request.
RATING AND FEEDBACK SYSTEM
Consumers and Vendors are encouraged to provide objective feedback about those with whom you have dealt on the Site. Such feedback may only occur with respect to the parties to a Event. FunandYou.com may calculated composite rating based on these individual ratings. Vendors agree to be rated by Consumers along several criteria, as determined byFunandYou.com. FunandYou.com does not monitor or censor feedback reports for accuracy or reliability unless a User brings the posting toFunandYou.com attention. You may be held legally responsible for damages suffered by other Users arising out of such feedback.FunandYou.com is not legally responsible for any feedback you may provide,even if that information is defamatory or otherwise legally actionable.
You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support and agree not to take any actions that undermine the integrity of the feedback system.In order to protect the integrity of the feedback system and protectUsers from abuse, FunandYou.com has the right (but is under no obligation)to remove any feedback that FunandYou.com, in its sole discretion, finds objectionable for any reason.
BILLING and PAYMENT
FunandYou.com uses PayPal for billing and payment of its fees. Payments due to Vendors for services rendered to Consumers occur outside the Site and the method for such payments is solely between the Vendor and theConsumer. You agree not to take any action, directly or indirectly to circumvent any fees due to FunandYou.com.
Invoicing Service
FunandYou.com provides an Invoicing Service for Vendors. This service allows Vendors to generate invoices for Events awarded on the Site.The fees for this service are deducted from the Vendor Account at the time the invoice is sent. You can review the status of invoices at any time by logging into your Account. In order to maintain the accuracy of such invoices, you agree to notify FunandYou.com when payments have been received by you. FunandYou.com has no control over or responsibility for the payment or collection of any invoices. FunandYou.com sole function is to provide a convenient means by which Vendors can generate invoices through the Site, rather than outside the Site. Payments for services may not be made through the Site. Such payments may only be made outside the Site.
Erroneous or Duplicate Transactions; Charge Backs
If FunandYou.com discovers erroneous or duplicate transactions, or FunandYou.com receives a charge back from PayPal for any reason, you agree to reimburse FunandYou.com. FunandYou.com has the right to obtain such reimbursement by charging your Account or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of your subscription.
Funds in Account and Withdrawal of Funds
Funds deposited in your Account are solely for the purpose of paying fees due to FunandYou.com. To deposit funds in your Account, you must usePayPal. To withdraw funds from your Account, you must have your ownPayPal account and must request that such funds be credited to yourPayPal account. Notwithstanding any other provision of these Terms andConditions, if FunandYou.com determines, in its sole discretion, that aMember has violated these Terms and Conditions, FunandYou.com has the right to refuse to process the withdrawal.
Hold on Account Funds
FunandYou.com reserves the right, in its sole discretion, to place a hold on funds in your Account for payments to clear, or if FunandYou.com suspects funds may be subject to charge back or if fraud is suspected. FunandYou.com will release a hold as soon as practical.
Agreement to Pay
If, for any reason, FunandYou.com does not receive payment for any amounts due, you agree to pay such amount immediately upon demand byFunandYou.com. You also agree to pay any interest charges, attorneys' fees and other costs of collection incurred by FunandYou.com in collecting such amounts. FunandYou.com may, at its option, stop processing any further deposits made by you to your Account and apply any amounts then held by in your Account toward any deficiencies, losses or costs that we have incurred in such collection. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Inactive Accounts; Abandoned Accounts
For purposes of determining Inactive Account status and AbandonedAccount status, "activity" means logging on to the Site and using theSite for its intended purpose.
Inactive Accounts.
If your Account has a balance, but has had no activity for at least five(5) consecutive months, your Account will be placed on "Inactive"status. FunandYou.com will notify you that your Account is Inactive by sending an email to your registered email address and give you the option of keeping your Account open and maintaining the balance or withdrawing the balance. If, within thirty (30) days of such notice,your account has no activity, FunandYou.com will automatically deduct anInactive Account Fee of $5, or the entire balance of your Account if such balance is less than $5, per month thereafter, to recover administrative costs of keeping your Account open. FunandYou.com will cease such deductions if subsequently (i) your Account has activity or (ii)your Account no longer has a balance.
Abandoned Accounts.
If your Account has a balance, but it has had no activity for at least 18 consecutive months or has been on Inactive status for at least 12 consecutive months, FunandYou.com will automatically close your Account and attempt to mail a check in the amount of your entire then remaining Account balance to your registered mailing address. If those attempts fail, the Account balance may escheat to the state of New Jersey.
REFERRAL PROGRAM
FunandYou.com will provide each Member ("Referral Participant") with a referral identifier ("RID") upon acceptance of registration withFunandYou.com. FunandYou.com will pay the Referral Participant the specified referral fee upon completion of any Paid Subscription Registration orEligible Transaction, as such terms are defined below. "PaidSubscription Registration" occurs when a username identified with aReferral Participant's RID successfully completes FunandYou.com's registration process for a paid subscription and FunandYou.com in its sole discretion accepts such registration. Registrations that: (1) are not in good faith, or (2) involve a registrant that has previously registered with FunandYou.com at any time, are NOT Eligible Registrations. "EligibleTransaction" means the purchase from FunandYou.com of Enhanced Services orVerification Services in accordance with these Terms and Conditions.Transactions that do not arise from or are not connected with theReferral Participant's RID are NOT Eligible Transactions. Site Users will be identified and linked to a Referral Participant's RID if they have clicked to the Site via a link tagged with that ReferralParticipant's RID. The Referral Participant is solely responsible for ensuring that links to FunandYou.com are correctly tagged with the RIDFunandYou.com has provided to that Referral Participant.
Referral Fees and Payment
FunandYou.com will pay a Referral Participant a "Referral Fee" for everyPaid Subscription Registration and for each Eligible Transaction. Please click here for the current Referral Fees. FunandYou.com will track PaidSubscription Registrations and Eligible Transactions and will make available to you reports summarizing such activity on your MyCP (MyControl Panel) dashboard. The form, content and frequency of the reports may vary from time to time in FunandYou.com's sole discretion. Except as otherwise provided, FunandYou.com shall pay you Referral Fees that are owed within 30 days of each Paid Subscription Registration and immediately upon payment of each Eligible Transaction. Payments shall be made directly into your FunandYou.com Account in the form of credits to your account for the purchase of Enhanced Services or Invoicing Services.FunandYou.com reserves the right to investigate any suspicious or inappropriate registration activity. FunandYou.com also reserves the right to delay payment of any Referral Fees, at its sole discretion, while it conducts an investigation of such activity. If FunandYou.com, in its sole discretion, concludes that a particular registration was deceptive or did not qualify as a Paid Subscription Registration, you agree thatFunandYou.com is authorized to deduct from your account an amount equal to the Referral Fee for such registration.
TERM; TERMINATION AND SUSPENSION
This Agreement shall become effective as your contractual agreement upon your acceptance or your use of the Site, and shall continue until your account is terminated by FunandYou.com or you as provided for under the terms of this Section. Unless otherwise agreed to in writing between the parties, either party may terminate this Agreement at any time upon notice to the other party. In such event, your Account is automatically terminated and (i) FunandYou.com shall continue to perform those FunandYou.com Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to FunandYou.com for any Site Services.Without limiting FunandYou.com's other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Event posting, and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or any other policies and information incorporated herein by reference, including our written policies and procedures posted on the Site. (b) we suspect or become aware that you have provided false or misleading information to us; or(c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for FunandYou.com or are contrary to the interests of the Site or the FunandYou.com user community. Once indefinitely suspended or terminated, you must not continue to use theSite under the same Account, a different Account, or reregister under anew Account. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Without limiting FunandYou.com's other remedies, to the extent you engage in actions or activities which circumvent the Site or otherwise reduce fees owed FunandYou.com under this Agreement, you must payFunandYou.com for all fees owed to FunandYou.com and reimburse FunandYou.com for all losses and costs, including reasonable attorney fees related to investigating such breach and collecting such fees. FunandYou.com reserves the right to terminate any User access, Account, or Event posting for any reason, in its sole discretion, and to refuse to provide registration and subscription to you in the future. We will notify you if we cancel your subscription, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification.When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Site.The material may be deleted along with all your previous posts. The sections entitled "RELATIONSHIP BETWEEN THE PARTIES," "FunandYou.com FEES,""LICENSES AND SITE ACCESS," "TERM; TERMINATION AND SUSPENSION,""DISCLAIMERS, LIMITATIONS AND EXCLUSIONS," "NOTICES AND COMMUNICATIONS,""MISCELLANEOUS," and "CERTAIN DEFINED TERMS," will all survive termination of the contractual agreement between us.
Notification of FunandYou.com Members
You acknowledge and agree that the value, reputation and goodwill of theSite depend on transparency of Member Account status to all Members,including both yourself and other Members who are participating in Events with you. You therefore agree as follows: IF FunandYou.com SUSPENDS OR TERMINATES YOUR ACCOUNT OR EVENT, FunandYou.com HAS THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE EVENTS WITH YOUTO INFORM THEM OF YOUR SUSPENDED OR TERMINATED ACCOUNT OR EVENT STATUS,AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION.
DISCLOSURES
FunandYou.com, located in New Jersey, is the provider of the electronic commercial service on this Site. Members are notified, via this Site, in advance regarding any applicable service charges. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact FunandYou.com to resolve a complaint regarding any aspect of service relating to this Site by writing to info@FunandYou.com.
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
Data
You are responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on FunandYou.com's part to store, backup, retain, or grant access to any information or data for any period. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access,use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.
Warranty Disclaimers
THE SITE SERVICES PROVIDED BY FunandYou.com OR ANY OF OUR LICENSORS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS(EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON- INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY,IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR LICENSORS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSSOF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FORANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100, OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOUFOR THE SITE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6)MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TOTHAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAYNOT APPLY TO YOU.
Release
If you have a dispute with another Member, you release FunandYou.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential)of every kind and nature, known and unknown, arising out of or in anyway connected with such dispute.
Indemnity
You agree to defend, hold harmless and indemnify FunandYou.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by FunandYou.com from and against any cost, liability,loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against FunandYou.com: (a) in connection with your use of the Site Services including any payment obligations incurred through use of the Site Services; or (b) resulting from: (i) your use of the Site; (ii) your decision to submit postings and accept offers from other Members; (iii) any breach of contract or other claims made byMembers with which you conducted business through the Site; (iv) your breach of any provision of this Agreement; (v) any liability arising from the tax treatment of payments or any portion thereof; (vi) any negligent or intentional wrongdoing by any Member; (vii) any act or omission of yours with respect to the payment of fees to any Vendor;(viii) your dispute of or failure to pay any invoice or any other payment; or (ix) your obligations to a Vendor. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof;(b) cooperating with you in the defense or settlement thereof; and (c)allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
NOTICES AND COMMUNICATIONS
Communications from FunandYou.com to you
FunandYou.com will communicate with you by email or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing.You will be considered to have received a communication when FunandYou.com sends it to the email address you have provided to FunandYou.com on theSite, or when FunandYou.com posts such communication on the Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from FunandYou.com regarding violation, dispute or complaint within two business days, FunandYou.com has the right to terminate or suspend your Event posting or your Account.
Communications from you to FunandYou.com
All notices to FunandYou.com intended to have a legal effect concerning thisAgreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following email address:
info@FunandYou.comSuch notices to FunandYou.com are deemed effective upon receipt.
MISCELLANEOUS TERMS AND CONDITIONS
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for orby certain persons or in certain countries. FunandYou.com will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of FunandYou.com. No delay or omission by FunandYou.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.You will not transfer, assign or delegate your rights or obligations(including your Account) under this Agreement to anyone without the express written permission of FunandYou.com, and any attempt to do so will be null and void. FunandYou.com may assign this Agreement in its sole discretion. This Agreement, together with any other legal notices and agreements published by FunandYou.com via the Site, shall constitute the entire agreement between you and FunandYou.com concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The Site is controlled and operated from its facilities in the United States. FunandYou.com makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.You may not use or access the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the UnitedStates. Except for the payment of fees to FunandYou.com, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications orInternet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement and all documents referenced in thisAgreement comprise the entire agreement between you and FunandYou.com with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site. For convenience, this Agreement may be displayed in HTML and/or PDF versions. In the event of any inconsistency between such versions, the PDF version will govern.
CERTAIN DEFINED TERMS
Any capitalized term not otherwise defined in this Agreement has the meaning given such term on the Site. As used throughout this Agreement:
"Account" means the FunandYou.com Account you open when you register to become a Member and use the Site Services."Vendor" means a Member that offers Vendor Services through the Site."Vendor Services" means all services offered by Vendors."FunandYou.com Services" means the creation, hosting, maintenance, and provision of the Site and all services delivered by FunandYou.com that are accessible through the Site. The term FunandYou.com Services does not include Vendor."Consumer" means a Member that investigates and purchases VendorServices or identifies an Vendor through the Site.'93Event '94 means a listing posted by a consumer outlining details of the event for which he/she seeks to hire an Vendor."Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark,trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations,renewals and extensions thereof, under the laws of any state, country,territory or other jurisdiction."Media Share" means the place on the Site where a Consumer and an Vendor can communicate and work together on Events."Member" means a person or legal entity that registers for an Account."Private Message Board" means the messaging system on the Site forConsumers and Vendors to communicate."Secure Areas" means portions of the site that are encrypted using theHypertext Transfer Protocol Secure (also known as "HTTPS") or any other encryption mechanism."Site Services" means all services that are accessible through the Site,except Vendor Services."User" means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a Member.
"Visitor" means a person who is only visiting the Site, not a Member orUser."you" means a Visitor or Member accessing the Site or using the SiteServices on his or her own behalf; or, if the Site Services are used on behalf of a Member, "you" means the Member for which the Site Services are used and the User who accesses the Site on behalf of such Member(and such User represents that he or she has the authority to do so on the Member's behalf).
CONTACTING US
If you have any questions or need assistance, please contact FunandYou.comas follows:
