Last updated: June 21, 2024
Table of Contents
- 1 1. Introduction
- 2 2. Communications
- 3 3. Purchases
- 4 4. Contests, Sweepstakes, and Promotions
- 5 5. Content
- 6 6. Prohibited Uses
- 7 7. Analytics
- 8 8. No Use By Minors
- 9 9. Accounts
- 10 10. Intellectual Property
- 11 11. Termination
- 12 12. Indemnification
- 13 13. Limitation of Liability
- 14 14. Disclaimer
- 15 15. Exclusions
- 16 16. Governing Law
- 17 17. Changes to Service
- 18 18. Amendments to Terms
- 19 19. Waiver and Severability
- 20 20. Acknowledgment
- 21 21. Contact Us
1. Introduction
Welcome to Failfun.com. These Terms of Service (“Terms”) govern your use of our website located at Failfun.com (together or individually “Service”) operated by Failfun.com.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound by them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service.
2. Communications
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected].
3. Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
4. Contests, Sweepstakes, and Promotions
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
5. Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright.
6. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain mail”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend Company or users of the Service or expose them to liability.
7. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
8. No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
9. Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
10. Intellectual Property
Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Failfun.com and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Failfun.com.
11. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Indemnification
You agree to defend, indemnify, and hold harmless Failfun.com and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of Service, or b) a breach of these Terms.
13. Limitation of Liability
In no event shall Failfun.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Service; (ii) any conduct or content of any third party on Service; (iii) any content obtained from Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
14. Disclaimer
Your use of Service is at your sole risk. Service is provided on an “AS IS” and “AS AVAILABLE” basis. Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Failfun.com its subsidiaries, affiliates, and its licensors do not warrant that a) Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) Service is free of viruses or other harmful components; or d) the results of using Service will meet your requirements.
15. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding Service.
17. Changes to Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
18. Amendments to Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised terms means that you accept terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
19. Waiver and Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
20. Acknowledgment
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
21. Contact Us
Please send your feedback, comments, requests for technical support by email: [email protected].