Welcome to Fupa, a service of Fupa Games, Inc. (hereinafter referred to as " Fupa Games, Inc. " , "Fupa Games", "Fupa Site" or "Site"). You must read and agree to these terms and conditions before you may access or view our Site. Please read them carefully. By visiting the Fupa Site, you are agreeing to its terms. This Agreement is subject to change at any time and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.
You must be 13 or over to register as a member of or use this Site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that you are at least 13-years old, and that you are not prohibited by law from using the Site.
Site and related service usage and/or subscription fees and duration of services were provided to you upon registration and may change from time to time upon electronic notice to you. We reserve the right to terminate your access to the Site for any reason or no reason. Fupa Games Inc., Inc. may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us or via any other method in its sole discretion. If Fupa Games Inc., Inc. terminates your membership in the Fupa Games service because you have breached this Agreement, in the sole discretion of Fupa Games, Inc. , you will not be entitled to any refund of any unused subscription fees and thereby you agree to waive any claim to such refund of fees. Upon termination of your membership for any reason or no reason any and all points accumulated in any of the Site's programs shall be terminated with no liability to you. You expressly acknowledge that any program providing points or other credits and your participation in it can be terminated in the sole discretion by Fupa Games, Inc. at any time with no liability to you whatsoever and that you did not join or remain a member of the Site or any other services in reliance on any such program(s), or the use or availability of such points or credits, or the continuation of the program(s). Points and credits have no monetary value whatsoever and may not be transferred to other persons. Even after this Agreement is terminated certain provisions will remain in effect, namely Sections 1, 3, 4, 5, 7, 9 10, 11, 12, 13, 14, inclusive, of this Agreement.
You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Fupa Games, Inc. ,
If by reason of death or Disability you, the buyer, are unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of Disability. "Disability" means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to Fupa Games, the seller. If you, the buyer, have prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received due to death or Disability shall be promptly refunded to the buyer or his or her representative. This provision 2 (b) shall supersede any other provision's terms that are contrary herein.
3. Non-Commercial Use by Members/Viewers:
This Fupa Games site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of this Fupa Games site and shall not use the Fupa Games service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services in this site's chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at Fupa Games 's sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, Fupa Games, Inc. may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages at Fupa Games, Inc. 's sole discretion.
4. Proprietary Rights of Content on Fupa Games :
Fupa Games, Inc. owns and retains other proprietary rights in the Fupa Games site and the Fupa Games service. The site contains the copyrighted material, trademarks, and other proprietary information of Fupa Games, Inc. , and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site/CDA:
B) You are solely responsible for the content that you publish or display (hereinafter, "post") on the Fupa Games , or transmit to other Fupa Games, Inc. members.
D) Fupa Games, Inc. will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the Fupa Games service in a manner consistent with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Fupa Games Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Fupa Games, Inc. by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Fupa Games members. Although Fupa Games, Inc. cannot monitor the conduct of its members off the Fupa Games site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
H) Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, members registered to other Fupa Games operated and "powered by" websites, e.g. co-branded, privately labeled, etc. This feature may allow you to interact with additional members of Fupa Games websites.
I) Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Fupa Games service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written 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, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Fupa Games, Inc. 's Copyright Agent for Notice of claims of copyright infringement or those under the DMCA can be reached as follows:
General Counsel, Fupa Games, Inc.
It is the intention of Fupa Games, Inc. to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
7. Member Disputes:
Fupa Games, Inc. does not solicit or control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member’s profile page or at Fupa Games other places throughout the website. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Fupa Games members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Fupa Games site, you release Fupa Games, Inc. , including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Fupa Games, Inc. reserves the right, but has no obligation, to monitor disputes between you and other members.
Fupa Games, Inc. , including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the Fupa Games site or in connection with the Fupa Games service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Fupa Games service whether online or offline. Fupa Games, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. Fupa Games, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Fupa Games site and/or in connection with the Fupa Games service. Under no circumstances Fupa Games, Inc. , be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any content posted on the Fupa Games site or transmitted to Fupa Games Members. The Site and the service are provided "AS-IS" and Fupa Games, Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Fupa Games, Inc. cannot guarantee and does not promise any specific results from use of the site and/or the Fupa Games service.
Note to WebTV users: Our current Site technology does not support WebTV access for the following:
* Instant Message Center
* Voice Messages
* Logout Button
* Bookmark this site
* Upload Photos
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Fupa Games, Inc. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Fupa Games service, even Fupa Games, Inc. has been advised of the possibility of such damages. You further agree to hold Fupa Games, Inc. , including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, Fupa Games, Inc. 's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Fupa Games for the service during the term of membership.
11. U.S. Export Controls:
Software from this site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Arbitration of Disputes:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
General Counsel, Fupa Games, Inc.
or to the email address you provide to Fupa Games during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Fupa Games, Inc. may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Fupa Games during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Fupa Games, Inc. , in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to Fupa Games, Inc. shall include its subsidiaries, affiliates, officers, agents, and other partners and employees. Fupa Games, Inc. 's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Fupa Games, Inc. is located at:
(Revised May 6, 2009)
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