Terms of Use

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Terms of Use

Last Updated:    September 1, 2011
These "Terms of Use" govern your use of ILOVEFUN.com and ILOVEFUNClubs.com (collectively "ILOVEFUN" or the "Site"). By visiting and using the Site you expressly agree to these Terms of Use and our Privacy Policy. ILOVEFUN reserves the right to deny access to the Site to any person who violates these Terms of Use.

1.    Copyright.

All information, content, services and software displayed on, transmitted through, or used in connection with ILOVEFUN, with the exception of User Content as defined below, including for example articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by ILOVEFUN, Inc. ("ILOVEFUN," "we," and "us"), its affiliates, licensors or suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to the Site, you may do so provided you agree to cease such link upon request from ILOVEFUN. No other use is permitted without our prior written permission. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms of Use.

You may not republish any portion of the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

The following provision applies to all visitors to this Site (including, without limitation, persons, representatives of legal entities, and digital engines of any kind, including, without limitation, ones that crawl, index, scrape, copy, store, or transmit digital content). Requests to use Content for any purpose other than as permitted in these Terms of Use should be directed to the email provided below.

2.    Trademarks.

ILOVEFUN's trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Site are the intellectual property of ILOVEFUN and may not be used without permission. ILOVEFUN is not granting you a license under any intellectual property right to its trademarks or intellectual property except as expressly provided herein. Other trademarks, logos, and trade names that may appear on the Site are the property of their respective owners.

3.    Registration.

Registration is not required to view certain Content. However, to fully experience the Site, you will be required to register and establish a user account. Authorized representatives of businesses are required to register in order to claim, submit or update a business listing or submit or update events or other offerings. When you become a registered member of the Site, you accept responsibility for all activities that occur under your account.

You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of the Site if you register under a false identity, submit multiple registrations for a single user or otherwise commit fraudulent conduct in connection with your registration or use of ILOVEFUN. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access the Site using your name in whole or in part without permission. If you believe someone has accessed the Site using your Registration Account and password without your authorization, contact us immediately.

4.    User Content Representations and Warranties.

By placing material on the Site, including but not limited to, posting content or communications to any ILOVEFUN interactive area, including any forum, blogspace, chat area; or posting text, images, audio files or other audio-visual content to the Site; or submitting content for deals and business listings ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Use; and, (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of the Site that specifically ask for your selected User Name).

5.    User Content License.

For all User Content you post, upload, or otherwise make available ("Provide") to ILOVEFUN, you grant its owners, its affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content in any form, format, or medium, of any kind now known or later developed.

6.    User Content Screening and Removal.

You acknowledge that ILOVEFUN may not always prescreen User Content, and shall have the right, in its sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these User Content Posting Rules or any of these Terms of Use. ILOVEFUN further reserves the right to re-publish any User Content that has been erroneously or inappropriately flagged for removal by the site's users, provided this User Content is not deemed, in ILOVEFUN's sole discretion, to be in violation of these Terms of Use or is not otherwise objectionable.

7.    User Content Assumption of Risk.

ILOVEFUN cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided on the Site is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when posting User Content. Please be advised that users may be held liable for any User Content that infringes on the legal rights of a third party, including, without limitation, User Content that violates copyright or intellectual property rights and User Content that are deliberately false or defamatory.

ILOVEFUN discourages users from divulging personal phone numbers and addresses or other information that can be used to identify or locate you or anyone else. You acknowledge and agree that if you make such disclosures, you do so fully understanding that such information could be used to identify you.

8.    User Content Posting Rules.

Any decisions as to whether User Content violates any Posting Rule will be made by ILOVEFUN in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules:

    i. If your User Content contains copyrighted or other proprietary material of any kind, you have express permission to post the material from the owner of that material.

    ii. User Content may not contain vulgar, profane, abusive, racist or hateful language or sentiments, whether words or images, including epithets or slurs, or discriminatory or inflammatory attacks on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability.

    iii. User Content may not contain false accusations or fraudulent claims, nor contain language that is defamatory or grossly inflammatory.

    iv. User Content may not violate or encourage the violation of any municipal, state, federal or international law, rule, regulation or ordinance.

    v. Advertising and promotional notices and offers are not allowed as User Content, except in areas specifically designated for such purpose.

    vi. Spamming is prohibited. You may not post the same message in multiple threads. Further, you may not "creatively spam" by posting slightly altered but essentially identical messages on multiple pages - or repeatedly making recommendations that are unrelated to the corresponding content pages.

    vii. You may not use or attempt to use another person's registration account, password, service or system except as expressly permitted by the Terms of Use.

    viii. You may not interfere with any third party's uninterrupted use of the Site.

    ix. You may not upload or transmit viruses or other harmful, disruptive or destructive files, material or code.

    x. You may not disrupt, interfere with, or otherwise harm or violate the security of ILOVEFUN, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites.

Repeat violations of these Posting Rules may result in the suspension of your user account.

WARNING: FUNNOW RESERVES THE RIGHT TO REFER ANY VIOLATION OF THESE POSTING RULES TO LAW ENFORCEMENT AUTHORITIES.

9.    Terms of Sale - Third Party Transactions.

During your visit to the Site, you may elect to engage in a transaction involving the purchase of event tickets or other tangible goods and services offered through the Site. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. ILOVEFUN cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.

10.    Errors in Advertisements and Listings.

ILOVEFUN is not responsible for any error or discrepancy regarding any product, service or venue as it appears in an advertisement found on the Site. If a product, service or venue is listed at a time, place or price or is otherwise incorrect due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers, users, merchants or suppliers, you agree that this is beyond ILOVEFUN's control.

11.    Communications with Third Parties through the Site.

Your dealings or communications through ILOVEFUN with any party other than ILOVEFUN, including any other users of the Site, are solely between you and that third party. Certain areas of the Site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will ILOVEFUN be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.

During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because we have no control over third party sites and resources, you acknowledge and agree that ILOVEFUN is not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the Terms of Use of those sites.

12.    Notice of Intellectual Property Infringement.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of ILOVEFUN, in appropriate circumstances, to terminate the account of a member who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Site, please provide substantially the following information to us (please see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

    i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    ii. a description of your copyrighted work or other intellectual property that you claim has been infringed;

    iii. a description of where the material you claim is infringing is located on the Site (providing us with a Web site URL is the quickest way to help us locate content quickly);

    iv. your address, telephone number, and e-mail address;

    v. 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;

    vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ILOVEFUN can be reached at the addresses found at the bottom of this Terms of Use.

13.    Counter-Notification for Intellectual Property Infringement.

If you elect to send us a response to a notice of intellectual property infringement, it must be a written communication provided to us and must include the following information:

    i. an electronic or physical signature of the registered user;

    ii. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a Web site URL is the quickest way to help us locate content quickly);

    iii. your address, telephone number, and e-mail address;

    iv. a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

    v. a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which ILOVEFUN may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person.

    Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

14.    General Disclaimer and Limitation of Liability.

USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER FUNNOW, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING FUNNOW, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, PRODUCTS OR SERVICES PURCHASED THROUGH THIRD PARTY AND FUNNOW DEALS), AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT, PRODUCTS, OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES FUNNOW WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. FUNNOW AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO OR VIRUS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

FUNNOW IS NOT LIABLE FOR NON-FULFILLMENT BY THIRD-PARTY MERCHANTS FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, A MERCHANT'S REFUSAL TO HONOR EXCHANGES OR REFUNDS. THE MERCHANT SELLING A PRODUCT OR SERVICE THROUGH THE SITE IS SOLELY RESPONSIBLE FOR FULFILLMENT OF ANY ORDERS MADE. FUNNOW IS NOT LIABLE TO FOR ANY CLAIMS, DAMAGES, INJURIES OR LIABILITIES ASSOCIATED WITH INJURIES, ILLNESSES, DAMAGES AND COSTS CAUSED IN WHOLE OR IN PART BY ANY THIRD-PARTY MERCHANT.

THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. FUNNOW DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL FUNNOW OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.    Indemnity.

You agree to indemnify, defend and hold harmless ILOVEFUN, its affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy, right of publicity and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) your use of the Site; (2) ILOVEFUN's use of any User Content or information that you provide, as long as such use is not inconsistent with this Agreement; (3) information or material provided through your user account, even if not posted by you; and (4) any violation of this Agreement by you.

16.    Eligibility.

You may not use the services or accept the Terms of Use if (i) you are not of legal age to form a binding contract, or (ii) you are prohibited by law from receiving or using the services. By accessing or using the Sites, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Use and to abide by all of the terms and conditions set forth herein. If you access or use the Sites on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to the Terms of Use.

By registering with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these terms, you can stop using the Site at any time.

17.    International Users.

The Site is controlled, operated and administered by ILOVEFUN, Inc., from its offices in Orange County, California. ILOVEFUN makes no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.

18.    Modifying these Terms.

ILOVEFUN reserves the right to change these Terms of Use at any time in its discretion and to notify users of any such changes solely by changing these Terms of Use. Your continued use of the Site after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes.

19.    Discontinuation of Service.

ILOVEFUN may modify, suspend, discontinue or restrict the use of any portion of the Site, including but not limited to, the availability of any portion of the Content or User Content at any time, without notice or liability. ILOVEFUN may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that has an ownership stake in ILOVEFUN or any of their assets.

20.    Governing Law and Forum Selection.

These Terms of Use shall be governed by the laws of the State of California without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to these Terms of Use or any transactions hereunder on this Site.
By using this Site, you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orange County, California for the purpose of litigating all such claims or disputes.
21.    Severability.

If for any reason any provision of this Terms of Use is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Terms of Use shall continue in full force and effect.

22.    Section Titles.

The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.

23.    Termination.

In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to ILOVEFUN, and all other provisions for which survival is equitable or appropriate.

24.    Conflicts.

In case of a conflict between these terms and our Privacy Policy, these Terms of Use control.

25.    Contact Us.

To contact us, please direct correspondence to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

You may also write to us at:
ILOVEFUN, Inc.
Attn: Terms of Use
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