Terms Of Use

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

Acceptance of Terms

FunnyBit Studios, LLC ("FunnyBit Studios") makes this site ("Site"), including all information, documents, communications, files, text, graphics, and software available through the Site (collectively, the "Content") and all products and services provided and operated by FunnyBit Studios and third parties through the Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that FunnyBit Studios may publish from time to time (collectively, the "Terms of Use").

You may not interfere with the security of or otherwise abuse the Site or any system resources, Services or networks connected to or accessible through the Site. You may only use the Site for lawful purposes.

BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE SERVICES, DOWNLOADING OF ANY CONTENT, OR MERELY BROWSING THE SITE, YOU AGREE TO AND ARE BOUND BY THE TERMS OF USE.

FunnyBit Studios reserves the right to update or modify the Terms of Use at any time without prior notice. Your continued use of the Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use the Site.

Intellectual Property

All Content on the Site are subject to trademark, service mark, trade dress, internet domain names, copyright and/or other intellectual property rights or licenses held by FunnyBit Studios, one of its affiliates or by third parties who have licensed their materials to FunnyBit Studios.

The Contents of the Site, and the site as a whole, are intended solely for personal, non-commercial use by the users of the Site. Permission is granted to display, copy, distribute and download the Contents of this Site, provided you (i) only use the Content for your own personal, non-commercial use, (ii) do not modify or alter the Content in any way, and (iii) do not modify or delete the copyright and other proprietary notices contained in the Content.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from FunnyBit Studios.

Trademark Information

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of FunnyBit Studios or other third parties. You are not permitted to use the Marks without the prior written consent of FunnyBit Studios or such third party that may own the Marks. FunnyBit Studios, and the FunnyBit Studios logo are trademarks of FunnyBit Studios, LLC.

Use of Services

When using Services on this Site that are offered by FunnyBit Studios, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services and to the Terms of Use. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in the Terms of Use.

In addition to the Content and Services offered by FunnyBit Studios, this Site may also make available materials, information, and services provided by third parties (collectively, the "Third-Party Services"). The Third-Party Services are governed by separate license agreements that accompany such services. FunnyBit Studios does not monitor or endorse the Third Parties or the Third-Party Services. FunnyBit Studios offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Contents and Services offered by FunnyBit Studios. You agree that you will not hold FunnyBit Studios responsible or liable with respect to the Third-Party Services or seek to do so.

Communications and Submissions

We welcome your comments regarding the FunnyBit Studios Site and its Services. However, any comments, feedback, messages, notes, ideas, suggestions or other communications and transmissions (collectively, the "Comments") sent to this Site shall be and remain the exclusive property of FunnyBit Studios. Any such Comments will be treated as non-confidential and non-proprietary and constitute an assignment to FunnyBit Studios of all world-wide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. FunnyBit Studios will be entitled to use, reproduce, disclose, publish and distribute any Comments you transmit for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Notwithstanding the foregoing, all personal data provided to FunnyBit Studios will be handled in accordance with FunnyBit Studios' Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, offensive, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. FunnyBit Studios is not responsible for the content of such material that you post or transmit to or from this Site.

This Site incorporates the use of a "Tell a Friend" function designed to offer you the ability to share something of interest on the Site with a third party of your choosing. FunnyBit Studios reserves the right to monitor and review such communications. By using the "Tell a Friend" function, you authorize FunnyBit Studios to review such communications and expressly waive any privacy or any other protection that you may have with regard to such communications. If you are not willing to waive such protections, then you are not permitted to use the "Tell a Friend" function on this Site.

Internet and Viruses

While using the internet and the Site, you may encounter various technical difficulties which could impact you and your computer equipment. You may also inadvertently receive computer viruses or other malicious files while using the Site. FunnyBit Studios shall not be responsible for such difficulties, viruses or other malicious files encountered during your use of the Site or the internet. For these reasons, FunnyBit Studios recommends that you take every possible precaution to avoid the reception of such difficulties, viruses or other malicious files, including, but not limited to anti-virus software and equipment.

Indemnification

In the event you, anyone acting in your behalf, or any third party asserts liability or a claim against FunnyBit Studios that arises out of or is in connection with a breach of these Terms of Use by your or anyone acting on your behalf, then you agree to indemnify and hold FunnyBit Studios harmless against any and all of such liability, claims and related costs, including, but not limited to reasonable attorney's fees and court costs.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND FUNNYBIT STUDIOS OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S CONTENT OR SERVICES ON THIS SITE, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FUNNYBIT STUDIOS MAKES NO WARRANTY THAT (i) THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND CONTENTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENTS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR CONTENT, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. FUNNYBIT STUDIOS MAY MAKE CHANGES TO THE CONTENTS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND FUNNYBIT STUDIOS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) FUNNYBIT STUDIOS DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) FUNNYBIT STUDIOS MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) FUNNYBIT STUDIOS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY CONTENT OR COMMUNICATIONS THROUGH ANY PORTION OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. FUNNYBIT STUDIOS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES, CONTENT, COMMUNICATIONS, OR EMAIL AS WELL AS CONTENT OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNNYBIT STUDIOS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL FUNNYBIT STUDIOS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FUNNYBIT STUDIOS SITE OR ANY SERVICES RELATED TO THE SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FUNNYBIT STUDIOS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THE FUNNYBIT STUDIOS TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED ON THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO THE LIMITATION OF LIABILITY AND DISCLAIMERS.

SOME STATES OR JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SITE OR THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED AND NO/100'S DOLLARS ($100.00).

Waiver

Any failure, forbearance or delay on the part of FunnyBit Studios to exercise any remedy or right herein shall not operate as a waiver. The failure of FunnyBit Studios to require your performance of any of the terms, covenants, or provisions herein shall not constitute a waiver of any of the rights herein.

Enforcement of Terms and Conditions

By accessing and using the FunnyBit Studios Site, you agree that your access to and use of the Site and any Service or communication related to the Site is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Texas, United States of America. You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Denton County, Texas.