Funtigo Signup

FUNTIGO TERMS OF SERVICE
Updated July 23, 2003

Funtigo allows its registered members to create online photo albums by uploading graphic files to the Funtigo servers and by using the Funtigo online tools to edit the content and format of the online albums.

1. Effective Date. These Terms will become effective on the date you agree to it by signifying your agreement to the Terms where provided, and by completing the information required on the Sign Up page.

2. Changes. Funtigo reserves the right to change from time to time these Terms, including the features of the various membership programs. Funtigo will notify you of the change either via e-mail, or through a notice published on the Funtigo homepage. By accessing Funtigo after a notice of a change has been published, you are agreeing to be bound by the change. If you do not agree to a change, you must terminate your membership with Funtigo.

Funtigo also reserves the right to modify, suspend or terminate access to the service at any time for any reason without notice or refund, including the right to require you to change your login username and/or password.

3. Fees. There is no fee for the Free Try-Out membership. Under the Free Try-Out membership, photos can be shared online for 60 days. If you have not signed up for any of the paid-for memberships after 60 days, those photos that have been online for more than 60 days may be obscured, hidden, or removed by Funtigo.

Fees for the paid-for membership programs are listed on the signup pages. Payment is through credit cards, one year in advance. Exactly one year after the date that you signed up for the paid membership, Funtigo can obscure, hide, or remove your photos, unless you have paid for another year in advance.

You can cancel your account at any time, but you will not be refunded for the year that you have already paid for.

Funtigo reserves the right to change our fees at any time for any reason.

4. Submissions. Under these Terms, you may NOT place any of the following material or obtain any such material using the Funtigo service:

Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law; Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons who are shown in the material; Any material sent from an anonymous or false address.

While Funtigo does not and cannot review all submissions, and is not responsible for their content, Funtigo reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by Funtigo for the purposes of delivering the offered services. In addition, you warrant that all moral rights in any uploaded materials have been waived.

If any third party brings a claim, lawsuit or other proceeding against Funtigo based on content you post on Funtigo, you agree to compensate Funtigo including its officers, directors, employees and agents for any and all losses, liabilities, damages or expenses, including attorney's fees, incurred by Funtigo in connection with any such claim, lawsuit or proceeding.

Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient.

Funtigo will not be liable for the content of any submission.

5. Age Requirements. Children under age 13 must have parents' permission in order to use the service, and it must be the parent that signs up for the service.

Teenagers between the age of 13 and 17 can use the Free Basic Service, but are encouraged to get parents' permission. Depending on the nature of any customer service inquiries, the Funtigo Staff may advise teenagers to get parents' permission in order to continue the service. If you or your parent or guardian have any concerns, please feel free to contact us at help@funtigo.com. Teenagers between the age of 13 and 17 who want to pay for the service should get parents' permission.

6. Access to your Funtigo website.

At Funtigo, we need to be able to access your Funtigo website for the following reasons: To maintain our service to you and develop new and useful features and services; To follow a court order, subpoena, complaint or a lawful request from governmental authorities.

7. Canceling the service. Funtigo reserves the right to cancel your Funtigo website for any reason, with or without notice.

You may cancel your Funtigo membership at any time. Cancellation of your Funtigo membership also terminates these Terms of Service. To cancel your membership, you must notify Funtigo by sending e-mail to help@funtigo.com. After receipt of your cancellation notice, Funtigo will terminate your membership and remove your Funtigo website. Cancellation of membership does not relieve you of any obligations you have accrued, including payment of any charges due in connection with a paid membership. You are responsible for payment of all such charges.

8. Backup Copies. You should not rely on Funtigo as your only source for the material you provide. You should backup copies of any digital information you have uploaded.

Funtigo is not obligated to maintain backup copies of any material submitted or posted on Funtigo; this policy applies to free trial service accounts and to paid memberships accounts. Funtigo is not obligated to pay membership refunds for any reason including but not limited to accidental deletion of photos, albums or accounts due to problems with the Funtigo software or servers.

9. Proprietary Rights. Users agree that Funtigo is granted a non-exclusive, royalty-free, worldwide license, with the right to reproduce, distribute, transmit, display any materials and other information you submit to the Funtigo Service. Funtigo disclaims ownership of the materials you upload to the Funtigo Service and will not resell or otherwise convey these rights to any third party. You shall have absolutely no recourse against Funtigo as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.

10. Marks and Copyright. Funtigo and all graphics, logos and service names used to identify Funtigo's products and services are trademarks or service marks of Funtigo Corporation. Third party trademarks or service marks used in connection with this service are the property of their respective owners. You may not use any trademark or service mark in connection with any product or service without the express permission of the owner of that mark.

You should assume that the content of the Web pages created by Funtigo customers is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any content without the express permission of the owner of that content.

11. Warranty. Disclaimer. Limitation of Liability. You, the Member, acknowledge that use of the Funtigo service is at your sole risk. The Funtigo service is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Funtigo service. The Funtigo service is made available on an AS IS basis. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE. Neither Funtigo nor anyone else involved in creating, producing, or delivering the Funtigo service, will be liable for any direct, incidental, special or consequential damages arising out of agreement to these Terms. In no event will the liability of Funtigo for any breach of these Terms exceed the total charges incurred by a Member in the month preceding the date the claim for breach arose. The provisions of this section will survive termination of the agreement to these Terms.

12. Indemnification. You agree to indemnify, defend and hold harmless Funtigo from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including but not limited to attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.

13. Governing Law. Venue. Jurisdiction. You agree that these Terms shall for all purposes be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California, and that any legal action or proceeding arising out of this agreement, i.e., these Terms, shall be litigated and enforced under the laws of the State of California. In addition, you agree to submit to the jurisdiction of the courts of the northern district of the State of California. Any cause of action brought by you must be instituted within one year after the claim or cause of action has arisen. Funtigo's failure to enforce any provision under these Terms shall not constitute a waiver of any provision or right.

14. Acknowledgment. These Terms represent the entire understanding between you and Funtigo regarding your relationship to Funtigo and supersedes any prior statements or representations.