A. The purpose of FG is simply to bring people together. FG does not perform any pre-screening on any individuals posting or signed up for any events. What may come out of any event between users, FG and all it’s affiliates will not be held responsible. Persons posting events are not employees, independent contractors, agents or in any other way affiliated with FG.
B. Users of FG should perform such due diligence as they deem necessary to ensure their safety in participating in the events or interacting with event hosts including but not limited to checking reviews, attending events with friends or partners, or obtaining such information from a Funbassadors as necessary to satisfy their own personal concerns.
C. LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license to access FG in compliance with the TOU; unlicensed access is not allowed. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from FG, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub-licensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
D. USE. You agree as a user of FG to allow us to market to you in any fashion until and if you unsubscribe or opt out. You agree to do your due diligence prior to purchasing your FG. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with FG, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
E. RESTRICTION OF USE. You agree we may,in our sole discretion, monitor and/or limit,but are not required to monitor and/or limit, FG access and use by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said restrictions, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
F. PROHIBITED. Users must comply with all applicable laws and all posted site rules.
Here is a partial list of goods, services, conduct and content prohibited on FG:
- Any event which involves the use of weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc. ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives, recalled items; hazardous materials; controlled substances and related items; pornography, child pornography; bestiality; offers or solicitation of illegal prostitution, false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam, offensive, obscene, defamatory, threatening, or malicious postings or email, or any activity or conduct prohibited by laws of the United States or California.
- Any discrimination on the basis of race, nationality, religion, gender, sexual orientation, age (except to the extent prohibited by persons under 18), or any other protected classification under California Law by Funbassadors or FG users.
- Any conduct, advertisement, solicitation or offer prohibited by law.
G. FEES. You authorize us to charge your Paypal account for FG fees if acting as a seller / Funbassador. This fee is a percentage of the sale and you will be notified of the percentage upon posting your FunGig. Unless noted, fees are in US dollars; tax and paypal processing fee is additional. To the extent permitted by law, fees are nonrefundable. Funbassadors and FG may refuse purchases.
Under no circumstances may a Funbassador accept money from a user of the FG site (with the exception of a cash tip or gratuity from the user after the event) outside of FunGig’s platform via paypal. Any such transaction may result in the Funbassador being banned from the cite. This includes any repeat business by a user of the FG site.
H. DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to FG, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and FG is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your FG use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“FG ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) FG ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
I. DISPUTE RESOLUTION
- any claim, cause of action or dispute (“Claim”) arising out of or related to your FG use is governed by California (“CA”) law regardless of your location or any conflict or choice of law principle;
- Claims must be resolved exclusively by state or federal court in San Diego, CA (except we may seek injunctive remedy anywhere);
- to submit to personal jurisdiction of said courts;
- any Claim must be filed by 1 year after it arose or be forever barred;
- not to bring or take part in a class action against FG Entities;
- to indemnify FG Entities for any damage, loss, and expense (including legal fees) arising from claims related to your FG use;
- you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and
- to compensate us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
K. NOTIFICATION OF CLAIMS OF INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
If you believe your copyright has been infringed, or your intellectual property rights otherwise violated, please notify FG agent for notice of claims of copyright infringement (“Agent”), at:
firstname.lastname@example.org or: FunGig 4241 Ste. 204A Jutland Dr. San Diego, CA 92117
Please provide us with the following Notice, which shall include each of the following:
- Identification of the copyrighted work you claim has 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;
- Identification of the material on the FG site that you claim is infringing, with enough detail so that we may locate it;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Your Notice will be subject to The Digital Millennium Copyright Act (DMCA). Under appropriate circumstances, craigslist may terminate the accounts of repeat infringers.