Terms of Service
Last Modified: 14 June 2012 Please read the following terms carefully before using FunSubstance.
1. Your Acceptance
A. These terms of service ("Terms of Service") are a binding legal agreement between you and FunSubstance.com (the "Site" or "FunSubstance"), regarding your use of any Sites owned by FunSubstance (including but not limited to this Site, any of the other FunSubstance Site - i.e., social media channels Facebook, Tumblr and Instagram), and any products or services available from the websites (collectively, the "Site"). Please read these Terms of Service carefully. By accessing or using the Site, you signify your agreement to (1) these Terms of Service, and (2) the Community Guidelines incorporated here by reference. If you do not agree to any of these terms or the Community Guidelines, please do not use the Site.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of the Terms of Service. FunSubstance, in its sole discretion, may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. The Site
A. These Terms of Service apply to all users of the Site, including users who are also contributors of content, information, and other materials or services on the Site.
B. The Site may contain content source links to third party websites that are not owned or controlled by FunSubstance. FunSubstance has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FunSubstance will not and cannot censor or edit the content of any third-party Site. By using the Site, you expressly relieve FunSubstance from any and all liability arising from your use of any third-party website.
3. General Use of the Site - Permissions and Restrictions
FunSubstance hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Site as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Site, including but not limited to Content and User Submissions (each as defined below), without FunSubstance’s prior written authorization.
B. You agree not to alter or modify any part of the Site, including but not limited to FunSubstance’s technologies.
C. You agree not to access User Submissions (defined below) or Content through any technology or means other than any as authorized by this Terms of Service or a written agreement between you and FunSubstance.
D. You agree not to use the Site for any commercial use without the prior written authorization of FunSubstance. Prohibited commercial uses include, but are not limited to, any of the following actions taken without FunSubstance’s express approval:
1. Sale of access to the Site, Content or services via another website or medium (such as a mobile application);
2. Use of the Site, Content or services for the purpose of gaining advertising or subscription revenue;
3. The sale of advertising, on the Site or any third-party website, targeted to the content of specific User Submissions or the Content;
4. Any use of the Site, Content, User Submissions or services that FunSubstance finds, in its sole discretion, has the effect of competing with or displacing the market for the Site, Content or User Submissions.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the FunSubstance servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, FunSubstance grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. FunSubstance reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Sites with respect to their User Submissions.
F. You will otherwise comply with the terms and conditions of these Terms of Service, Community Guidelines, and all applicable local, national, and international laws and regulations.
G. You agree not to impersonate any person or organization.
H. You agree not to harass any other user.
I. FunSubstance reserves the right to discontinue any aspect of the Site or services at any time.
4. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Site.
A. The content on the Site, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, pictures, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FunSubstance, subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. FunSubstance reserves all rights not expressly granted in and to the Site and the Content.
B. You may access User Submissions solely:
1. For your information and personal use in accordance with these Terms of Service; and
2. As intended through the normal functionality of the Site.
C. User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Site. User Comments are made available "as is," and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as expressly authorized under this Agreement.
D. You may access Content, User Submissions and other content only as permitted under this Agreement. FunSubstance reserves all rights not expressly granted in and to the Content and the Site.
E. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
G. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that FunSubstance is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FunSubstance with respect thereto, and agree to indemnify and hold FunSubstance, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
H. RSS FEED. From time to time FunSubstance may allow you to access and display Content via a RSS Feed or other means ("Permitted Distribution Mechanisms"). All such usage must comply with this Terms of Service and any applicable Permitted Distribution Mechanisms terms posted by FunSubstance. For example, you may not aggregate the Content on your website or application, whether through an RSS Feed or otherwise, and any such aggregation is an express violation of the Terms of Service. Similarly, any commercial exploitation of the Content by you (without the express written or email authorization of FunSubstance) is a violation of the Terms of Service. You may only use the Permitted Distribution Mechanisms in connection with a non-commercial application or website unless otherwise permitted by FunSubstance in writing.
5. Your User Submissions and Conduct
A. You may submit content (e.g., photographs, graphics, gifs, pictures) and/or user comments ("User Comments") to FunSubstance. User submitted content and User Comments are collectively referred to as "User Submissions". You understand that whether or not such User Submissions are published, FunSubstance does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize FunSubstance to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Service.
C. For clarity, you retain ownership of all copyrights you may have in your User Submissions. However, by submitting User Submissions to FunSubstance, you hereby grant FunSubstance a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions (in whole or in part), for any purpose whatsoever, and to incorporate User Submissions in other works in any form, media, or technology now known or later developed. The foregoing license shall be broadly construed, and shall include, without limitation the right to: (i) promote and redistribute part or all of the User Submissions (and derivative works thereof) in any media formats and through any media channels and (ii) use the User Submissions for promotional purposes, whether to promote the Site, other FunSubstance products or services, or third party products or services. By way of clarification and not limitation, you acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by FunSubstance to exploit any User Submissions. By way of further clarification, FunSubstance may freely sublicense the rights that you grant it in this Section to a third party. To the extent necessary for FunSubstance to exercise its rights under the foregoing license, you hereby grant FunSubstance a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Submissions and in your likeness as contained therein. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FunSubstance all of the license rights granted herein.
E. You agree that your conduct on the Site will comport with the Community Guidelines which may be updated from time to time.
F. FunSubstance does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FunSubstance expressly disclaims any and all liability in connection with User Submissions. FunSubstance does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and FunSubstance will remove all Content and User Submissions if properly notified in a manner consistent with law and FunSubstance’s Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. FunSubstance reserves the right to remove Content and User Submissions without prior notice.
G. If you provide feedback to us regarding the Site, Content, or User Submissions ("Feedback"), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
6. Termination Policy
A . You may terminate your use of the Site at any time by contacting us. FunSubstance may suspend or terminate your access to the Site or terminate these Terms of Service, at any time, for any reason. If FunSubstance suspects that you have violated any provision of these Terms of Service, FunSubstance may also seek any other available legal remedy. Your rights under these Terms of Service will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the Site, even after you have stopped using the Site.
B. FunSubstance reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. FunSubstance may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7. Copyright Infringement
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting us.
B. Repeat Infringers. FunSubstance will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE OR THE PRODUCTS AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE SITE, CONTENT, USER SUBMISSIONS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND FUNSUBSTANCE, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FUNSUBSTANCE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. FUNSUBSTANCE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FUNSUBSTANCE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL FUNSUBSTANCE, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, CONTENT, USER SUBMISSIONS OR THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF FUNSUBSTANCE, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $20.00. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The Site is controlled and offered by FunSubstance from its facilities in Singapore. FunSubstance 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 responsible for compliance with their local law.
You agree to defend, indemnify and hold harmless FunSubstance, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party or to FunSubstance. This defense and indemnification obligation will survive these Terms of Service and your termination of use of the Site.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site are not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FunSubstance without restriction.
By using the Site, you consent to receiving electronic communications from FunSubstance. These communications will include notices about your account and information concerning or related to the Site and/or FunSubstance products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
These Terms of Service, together with any other legal notices published by FunSubstance on the Site, shall constitute the entire agreement between you and FunSubstance concerning the Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and FunSubstance’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. FunSubstance reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND FUNSUBSTANCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) WEEK AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Contacting FunSubstance
If you have any questions or concerns about these Terms of Service or the Site, please contact us.