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1.1 - Funnylifecentre is a marketplace that allows users to buy products.
1.3 - Please be advised that this User Agreement contains provisions that govern how claims you and Funnylifecentre have against each other are resolved. It also contains an Agreement to Arbitrate, which will require you to submit claims you have against Funnylifecentre to binding and final arbitration.
1.4 - Acceptance of the Agreement. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site. You may not use the Site and may not accept the terms of this Agreement if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from using the Site under the laws of the United States or other countries including the country in which you are a resident or from which you use the Site. Before you continue, you should print off or save a local copy of this Agreement for your records.
1.5 - Amendments. Funnylifecentre may amend this Agreement and/or Site policies at any time, with or without notice to you, by posting the amended and restated Agreement or policy on the Site. The amended and restated Agreement and/or policy shall be effective immediately upon posting. Posting by Funnylifecentre of the amended and restated Agreement or policy and your continued use of the Site shall be deemed to be an acceptance of the amended terms. This Agreement and Site policies may not otherwise be modified, except in writing by an authorized officer of Funnylifecentre.
2.1 - Funnylifecentre Content. Information, text, images, video clips, directories, files, databases or offers available on or through the Site are hereinafter referred to as "Funnylifecentre Content.”
2.2 - Registered User. Each User who has filled out a registration form on the Site by giving User information (such as name, address, telephone number, fax number, email address, etc.) is a registered user (“Registered User”) of Funnylifecentre. Funnylifecentre will establish an account ("Account") for each Registered User on the Site and each Registered User will be assigned a user alias ("User Name") and password ("Password") for login access to its Account on the Site.
2.3 - Third-Party Content. Some of the Funnylifecentre Content displayed on the Site is provided or posted by third parties, hereinafter referred to as “Third Party Content.”
2.4 - Third-Party Rights. Third party copyrights, trademarks, trade secrets, patents, and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights."
2.5 - User. For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Funnylifecentre as a registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
3. Use of Funnylifecentre
3.1 - General. Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any Funnylifecentre Content for the purpose of re–selling or re–distributing Funnylifecentre’ Content, mass mailing (via emails, wireless text messages, physical mail, or otherwise), operating a business that competes with Funnylifecentre, or otherwise commercially exploiting Funnylifecentre Content. Systematic retrieval of Funnylifecentre Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from Funnylifecentre is prohibited. In addition, use of Funnylifecentre Content for any purpose not expressly permitted in this Agreement is prohibited.
3.2 - No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Funnylifecentre or any other User, and no User shall attempt to gain unauthorized access to such computer systems or networks.
3.4 - Third Party Rights. As a condition of your access to and use of the Site, you agree that you will not use our Services to infringe the Third Party Rights of others in any way. Funnylifecentre will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the Third Party Rights of others. In addition, Funnylifecentre reserves the right to terminate the account of any User if Funnylifecentre believes that the User’s conduct is harmful to the interests of Funnylifecentre, its employees, directors, affiliates, or other Users, or for any other reason in Funnylifecentre’ sole and absolute discretion, with or without cause.
4. Registered Users
4.2 - Notwithstanding Section 4.1, Funnylifecentre may refuse registration and deny the issuance of an Account and associated User Name and Password to any User for whatever reason or for no reason at all.
4.3 - Funnylifecentre may suspend or terminate a Registered User's Account at any time if:
In Funnylifecentre' sole and absolute determination, there is any breach of the provisions of this Agreement by the Registered User; or
Funnylifecentre has reasonable grounds to suspect that information provided by a Registered User is untrue, inaccurate or is not current or complete; or
Funnylifecentre believes that User conduct is harmful to the interests of Funnylifecentre, its employees, directors, affiliates, or other Users; or
For any other reason in Funnylifecentre’ sole and absolute discretion.
4.4 - Prohibition on transferability of Account, User Name, and Password. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User Name or Password to a third party without the prior written consent of Funnylifecentre. Funnylifecentre may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
5. Funnylifecentre’ Intellectual Property Rights
5.1 - General. Funnylifecentre is the sole owner or lawful licensee of all the rights to the Site and the Funnylifecentre Content. The Site and the Funnylifecentre Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the Funnylifecentre Content shall remain with Funnylifecentre, its affiliates, or licensors of the Funnylifecentre Content, as the case may be. All rights not otherwise claimed under this Agreement or by Funnylifecentre are hereby reserved.
5.2 - Trademarks and Service Marks. "Funnylifecentre,” "Funnylifecentre.com" and related icons and logos are registered trademarks or trademarks or service marks of Funnylifecentre, LLC in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
6. Notice to Users
6.1 - All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, facsimile, or email to the last known correspondence, fax or email address provided by the User to Funnylifecentre, or by posting such notice or demand on an area of the Site that is publicly accessible without charge. Notice to a User shall be deemed to be received by such User if and when:
Funnylifecentre is able to demonstrate that the communication, whether in physical or electronic form, has been sent to such User; or
Immediately upon Funnylifecentre’ posting of such notice on an area of the Site that is publicly accessible without charge.
7. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
7.1 - Funnylifecentre responds to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.
8. Legal Disputes
8.1 - You and Funnylifecentre agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Funnylifecentre User Agreement, your use of or access to the Site, the Services, or any products or services sold or purchased through Funnylifecentre’ sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and Funnylifecentre have against each other are resolved.
8.2 - Applicable Law. You agree that the laws of the State of California, without regard to the principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Funnylifecentre, except as otherwise stated in the User Agreement.
8.3 - Agreement to Negotiate and Arbitrate. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association. You and Funnylifecentre each agree that any and all disputes or claims that have arisen or may arise between you and Funnylifecentre relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Funnylifecentre’ Services, or any products or services sold, offered, or purchased through Funnylifecentre’ Services shall be settled exclusively through final and binding arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California, and the language of arbitration shall be English. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, and Title 9 of the U.S. Code (United States Arbitration Act) shall govern the interpretation and enforcement of this Agreement to Arbitrate.
8.4 - In no event shall an award in an arbitration initiated under this clause exceed the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to Funnylifecentre in the 12 months prior to the action giving rise to the liability, or c) $100.
8.5 - Costs. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.
8.6 - Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
8.7 - Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND Funnylifecentre AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Funnylifecentre AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER Funnylifecentre USERS.
8.8 - Consent to Jurisdiction. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Funnylifecentre must be resolved exclusively by a state or federal court located within the county of Los Angeles, California. You and Funnylifecentre agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles, California, for the purpose of litigating all such claims or disputes.
9.2 - Funnylifecentre and the User are independent contractors, and no agency, partnership, joint venture, employee–employer, or franchiser–franchisee relationship is intended or created by this Agreement.
9.3 - The failure of Funnylifecentre to exercise or enforce any right or provision of the terms of this Agreement shall not constitute a waiver of such right or provision.
9.4 - If any provision herein is held to be invalid or unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
9.5 - User agrees that there shall be no third party beneficiaries to this agreement.
9.6 - Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such section.