¡Que Funny! and curioZities, LLC Terms of Service
Last updated: 06/02/10
We strongly urge you to read these Terms of Service in their entirety, along with any linked material, prior to using QueFunny.com.
The Terms of Service (“Terms”) contained herein, any other terms, policies, rules or guidelines incorporated by reference, and any future changes or modifications to these Terms, constitute the Agreement (“Agreement”) entered into by you (“You,” “Your,” “Yours,” “Yourself”) and curioZities, LLC, a Florida Limited Liability Company (“curioZities” “Us,” “We,” “Our,” “Ours”), regarding the website QueFunny.com (“Site,” “QueFunny.com”) and any products or services available on the Site. These Terms govern the use of the Site by any and all persons, including any person who browses or visits the Site (“User”), and any person who contributes (“Contributor”) content (“Content”) such as photographs and other images, comments, text, stories, data, services and other information to the Site.
QueFunny.com is not for children younger than 13 years of age and is offered only to Users and Contributors who are 13 years of age or older. If You are less than 13 years old, please do not use this Site.
By accessing, using, visiting or browsing the Site, and by submitting Content to Us, You affirm, represent, acknowledge and warrant to Us all of the following:
- That You are 13 years of age or older;
- That You are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms;
- That if You are using the Site or are contributing to the Site as a representative of a company or other legal entity, You are authorized to enter into this Agreement on behalf of said company or entity, and You agree that the terms “You,” “Your” and “Yours” in this Agreement refer to Your company or entity, and;
- That you have read, understood and agree to be bound legally by this Agreement, without reservations, qualifications or exceptions.
THESE TERMS ARE LEGALLY BINDING UPON YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT SUBMIT ANY CONTENT TO QUEFUNNY.COM AND DO NOT USE THE SITE, ITS SERVICES OR INFORMATION.
2. Description of the Site
The site provides entertainment, images, advertising (“Ad,” “Ads”) and other Content to You, at no cost to You. The Site does not dispense medical, legal, financial or professional advice, nor does it prescribe any treatment or strategy that should be tested without the advice of a professional. Information presented on the Site is for entertainment purposes only. You understand and agree that the Site is provided “AS-IS” and that we do not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information or product represented on this site. You are solely responsible for Your own actions should You use any information found on the Site. Although some of the Content on the Site is produced by Us, the views presented by Contributors not under our control, Ads, and third-party websites linked to from the Site do not necessarily reflect the views of QueFunny.com, curioZities, its management team or owner(s).
We reserve the right to discontinue any function, feature or aspect of the Site at any time and for any reason whatsoever without notice to You, up to and including shutting the entire Site down.
3. Third-Party Content
The Ads displayed on, and third-party websites linked to on the Site, are developed by entities over whom We exercise no control. We have no contol over, nor do we assume any responsibility for, the content, terms of service, practices or policies of any advertisers or third-party websites, nor can we edit or censor the content found on such websites. The inclusion of Ads and links to third-party websites on the Site does not imply Our affiliation or endorsement of said Ads and third-party websites.
Notwithstanding the foregoing, We reserve the right, but shall have no obligation, to pre-screen, filter, and/or remove Ads and links to third-party websites from the Site that in Our opinion may be deemed objectionable, inappropriate, or offensive. We cannot guarantee that Ads and/or third-party websites linked to from the Site will not lead to unintended or objectionable content. By using the Site, You agree that You are solely responsible (and assume all liability and risk) for determining whether or not any Ads or third-party websites linked to from the Site are appropriate or acceptable to You. You understand that by using the Site You may be exposed to Ads and/or third-party websites that are offensive, indecent or objectionable, and that you use the Site at your own risk. Additionally, We expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of third-party websites linked to by or through the Site. ACCESS AND USE OF THIRD-PARTY WEBSITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY WEBSITES OR AVAILABLE THROUGH THIRD-PARTY WEBSITES, IS SOLELY AT YOUR OWN RISK.
Should you find any material on an advertiser’s or third-party’s website is objectionable or offensive to You, We request that You report it to Us immediately via email at oye | at| quefunnypics.com (replace the “| at |” with the “@” symbol and be sure there are no spaces in the e-mail address). Please be sure to include a link to the specific offending web page (URL beginning with “http://” or “https://”) and as much detail as possible.
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or third party. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
4. Contributing Content to the Site
You may contribute Content to the Site by submitting photos, comments, stories and other data, text and information to us, per the Terms of this Agreement and as instructed in the Policies on our Submission page at <<URL HERE>>. By submitting Content to Us, You understand that whether or not such Content is published on the Site, We do not guarantee any confidentiality with respect to any Content submitted by You.
By submitting Content to the Site, You affirm, represent, acknowledge and warrant the following, whether or not Your Content is published on the Site:
- You will comply with all applicable local, state, regional, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with Your use of the Site.
- You are solely responsible for any and all Content submitted by You, and the consequences of posting or publishing said Content.
- You own or otherwise have under Your control all necessary licenses, rights of ownership, consents, permissions and copyrights to use the Content submitted by You, and to authorize Us to use all patent, trademark, trade secret, copyright or other intellectual property or propietary rights in said Content, for inclusion on the Site in a manner consistent with these Terms.
- The Content submitted by You does not and will not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right.
- The Content submitted by You does not and will not slander, defame, libel, or invade the right of privacy, personality, publicity or other property rights of any person.
- You have not granted, assigned or otherwise transferred exclusive rights to the Content submitted by You to any third party, and there are no claims, lawsuits, litigation or other proceedings pending or threatened which could in any way impair, limit or diminish the license and rights You give Us to use the Content You submitted.
- The Content submitted by You does not and will not contain any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Site, or intercept or expropriate any system data or personal information from the Site.
- You will not be entitled to any royalties or any other payment as a result of any efforts by Us to exploit any Content submitted by You.
- We may freely sublicense the rights that you grant Us to a third party.
- To the extent necessary for Us to exercise our rights under the license granted by these Terms, you hereby grant Us a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to Your Content and in your likeness as contained therein.
- You further agree and acknowledge on behalf of Yourself, Your heirs, Your assigns, Your successors, Your representatives and Your agents that You hereby irrevocably waive Your right, and the right of any other party, to make any claim or maintain any suit or action of any kind (including, but not limited to, suits, actions or claims for moral rights, defamation, rights of publicity or rights of privacy), as a result of the exercise by Us of any rights and/or licenses granted to Us by You under these Terms.
- You also hereby grant each User of the Site a non-exclusive license to access Your submitted Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms.
You retain all ownership rights and copyrights in all Content submitted to the Site by You. Notwithstanding the foregoing, by submitting Content to Us, You hereby grant Us a perpetual, irrevocable, unconditional, non-exclusive, royalty-free, fully paid-up, sub-licenseable and transferable license throughout the universe to use, store, adapt, relate, modify, sell, publish, reproduce, edit, distribute, translate, exploit, prepare derivative works from, display and perform Your Content, in whole or in part, for any purpose whatsoever, and to incorporate Your Content into other works in any form, media or technology now existing or later developed (including without limitation books and websites), without notifying You and with no obligation to You. Furthermore, You also hereby waive any right to inspect or approve the final display or other usage or exploitation of Content submitted by You, now or in the future, whether that use is known to You or unknown, and You waive any right to royalties or any other compensation arising from or related to the use of Content submitted by You. The aforementioned license shall be liberally and broadly construed, and shall include without limitation the following rights:
- Our right to promote and redistribute part or all of the submitted Content, and derivative works thereof, in any media format and through any media channel;
- Our right to incorporate the submitted Content on any tangible or intangible products (such as mugs, clothing, books, cups, web sites, bumper stickers, toys, advertising materials and the like) for resale, promotion, advertising, publicity or otherwise, in perpetuity throughout the universe;
- Our right to use the submitted Content for promotional purposes, whether to promote the Site, other curioZities, LLC products or services, or third party products or services; and
We do not endorse any Content submitted by Contributors or Users or any recommendation, advice or opinion expressed therein, and we expressly disclaim any and all liability arising in connection with Content submitted by Users and/or Contributors. We do not permit activities that infringe upon a third party’s copyright and/or intellectual property rights on the Site, and will remove any Content if We are properly notified that such content infringes on a third party’s intellectual property rights. We reserve the right to remove any Content for any reason whatsoever without prior notice.
We reserve the right to decide whether Content submitted by a User or Contributor is appropriate and complies with these Terms and our Policies, insofar as violations other than copyright infringement and or intellectual property law are concerned. This includes, but is not limited to, Content which in our sole estimation is obscene, libelous, defamatory, pornographic, violent or immoral. Additionally, We reserve the right at any time and without any prior notice whatsoever to remove any submitted Content and/or to terminate access to the Site for any User or Contributor who in Our sole estimation has violated these Terms.
If you send us comments, suggestions or other feedback (“Feedback”) through means other than the Site itself (e.g. through regular postal mail, through e-mail, comments through another website such as Facebook or Twitter, etc.) said Feedback shall, to the maximum extent allowable by law and any agreements with the respective external third-parties, be treated as any Content submitted to Us through the Site by Users and Contributors, and will be subject to the licenses, permissions and rights granted to Us to such Content under these Terms.
We are not required to keep back-up copies of any Content submitted by You. We make no guarantee that Content submitted by You to the Site will be safely stored on the Site or elsewhere. To be safe, you should maintain a copy of all Content submitted to Us.
5. Ownership of Content Created by Us
Unless otherwise noted, and except for Content submitted to Us by Users and Contributors, the content on the Site, including without limitations the text, photos, graphic images, logos, software, scripts, music, sounds, pictures, trademarks, service marks and the like, are either owned by or licensed to Us, or are otherwise the property of their respective owner(s), and are subject to copyright and other intellectual property protections under the law.
You shall not acquire any right, title or interest in any of the Content owned by Us or licensed to Us, except for the limited rights expressly set forth in these Terms. Except where otherwise noted in these Terms, Content on the Site may not be downloaded, copied, reproduced, broadcast, transmitted, distributed, licensed, sold, displayed or otherwise exploited by You for any purpose whatsoever without the prior written consent of the respective owners. Any rights not expressly granted herein are reserved to Us.
6. Acceptable Use of the Site
Subject to these Terms, We hereby grant You a limited, non-exclusive, non-transferable, non-sub-licenseable, freely revocable license to access and use the Site. You are granted this license to access the Site solely for your information and personal use in accordance with these Terms and as intended through the normal functionality of the Site. You agree that all Content on the Site, whether produced by Us or submitted by a User or Con tributor, is made available to You “AS-IS.”
Aside from the foregoing license, You acknowledge and represent that You shall acquire no right, title or interest in any of the Content owned by Us or licensed to Us.
You agree not to reproduce, run, disseminate, modify, distribute, archive, perform, adapt, duplicate, display, lease, transmit, copy, broadcast, sell, rearrange, create derivative works from, download, upload, trade, publish, loan, license, store, resell, rent, display, redistribute or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, including but not limited to Content submitted by Users and Contributors, except as permitted expressly under these Terms.
You are solely responsible for your conduct on the Site. You agree that your conduct on the Site shall be governed by these Terms and the Site’s Policies, which may be updated from time to time.
You agree that You will not post Content to the Site, You will not email Us or any Site Users, and/or Contributors, and You will not Use the Site, in any way that may:
- be misleading, deceptive or fraudulent or otherwise illegal, or to promote illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with, disable, cause a breach of security or circumvent any security functions of the Site, functions that may enforce limitations on usage of the Site, or functions that restrict or prevent use or copying of any of the Content on the Site, including but not limited to Content submitted by Users and Contributors;
- be libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- be harmful to minors in any way;
- be hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Us;
- infringe upon, violate or misappropriate any third party’s intellectual property rights or other proprietary rights or contractual rights;
- facilitate the unlawful distribution of copyrighted content;
- interfere or attempt to interfere with the proper working of the Site or prevent others from using the Site, or in a manner that disrupts the normal flow of comments with an excessive number of comments (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site;
- employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or to Site Users and Contributors;
- constitute or contain any form of advertising or solicitation if posted in Your Content, or emailed to Users and/or Contributors who have requested not to be contacted about other services, products or commercial interests.
- be considered by Us to be spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms, any applicable laws, regulations or generally accepted advertising industry guidelines;
- be considered by Us to be impersonating an officer, contractor or employee of curioZities, or any other person, entity or agency, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Site without authorization;
- involve the use of any manual or automated means, including agents, robots, scripts, or spiders, to access or manage the Site or to monitor or copy the Site or the content contained therein;
- include personal or identifying information about another person without that person’s explicit consent;
- constitute “stalking,” or otherwise harassing anyone;
- collect, use or disclose data, including personal information, about other Users and/or Contributors without their consent or for unlawful purposes or in violation of applicable laws or regulations;
You further agree not to engage in any of the following behaviors in relation to Your use or access to the Site:
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any User of or Contributor to the Site, or to proxy authentication credentials for anyone for the purposes of automating logins to the Site;
- Post any Content containing child pornography to the Site. We absolutely will not tolerate such activity and will report any suspected instances of child pornography to the appropriate law enforcement agency or agencies for prosecution and/or arrest;
- Post any Content that We determine in our sole discretion, depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any Content that We determine constitutes pornography or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, offline readers or the like to download data from the Site, except for Internet search engines (e.g. Google, Bing, Yahoo) and non-commercial public archives (e.g. Alexa, archive.org) that comply with Our robots.txt file, or “well-behaved” (as determined by Us in our sole discretion) web services/RSS/Atom clients;
- Otherwise access, or attempt to access, the Site in a manner that sends more request messages to Our servers than a person can reasonably create in a given time period by using a standard web browser;
- Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on the Site’s infrastructure;
- Attempt to gain unauthorized access to Our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
- Act in any way that may undermine the comment or ratings systems (such as displaying, importing or exporting comment information off of the Site or for using it for purposes unrelated to the Site);
- Develop, invoke, or use any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Site;
- Modify, alter or change, or attempt to modify, alter or change, any part of the Site;
- Delete, or attemtp to delete, any copyright and/or other proprietary rights notices anywhere on the Site;
- Reverse engineer, decompile, or otherwise access or attempt to access the source code of the software that comprises the infrastructure of the Site;
- Collect, harvest or otherwise gather, or attempt to collect, harvest or otherwise gather, any personally identifiable information from the Site;
- Use, or attempt to use, any form of communication provided by the Site, for any commercial purposes whatsoever, including but not limited to: solicitation of customers;
- Solicit, or attempt to solicit, any Users to or Contributors of the Site for commercial purposes;
- Access the Site, including but not limited to Content produced by Us and Content submitted by Users and Contributors, by any means other than that expressly authorized by Us;
- Use, or attempt to use, the Site for any commercial purposes whatsoever, without Our express consent, to include: for the purposes of gaining subscription or advertising revenues; for the purposes of selling advertising on the Site or any third-party website, aimed at any specific Content on the Site; and/or for the purposes of building a website, blog or other product using similar ideas, functions, interface, graphics or other features of the Site.
You agree not to encourage or authorize any third party to use the Site to facilitate any of the prohibited behavior listed above. You also agree to notify Us immediately (by e-mail, at oye |at| quefunny.com; replace the ” |at| ” with the “@” symbol) as soon as you become aware of an actual or threatened claim that You or anyone else may have violated any of the terms and conditions contained in these Terms.
You acknowledge and understand that You will be exposed to Content submitted to the Site from numerous sources and that We are are not responsible for the usefulness, accuracy, safety or intellectual property rights relating to such Content.
Additionally, You acknowledge and understand that You may be exposed to Content that You may find to be indecent, offensive, objectionable or inaccurate, and You hereby waive any legal or equitable rights or remedies You may have against Us with respect to said Content. You further agree to indemnify and hold curioZities, 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.
You otherwise agree to comply with these Terms, any Site Policies, and any and all local, regional, national and international laws that may apply to You regarding Your use of this Site.
7. Termination of Use
You may terminate Your usage of the Site at any time. You acknowledge and understand that We may temporarily suspend, permanently terminate, and or disable Your access to any and all of the Site at any time and for any reason whatsoever, pursuant to these Terms. Any rights and licenses granted to You under these Terms will automatically be terminated if You breach any part of these Terms. Furthermore, if We believe You may have violated any part of these Terms, we may seek any available legal remedy. You will remain liable for any and all obligations related to Your use of the Site, even after You have stopped using the Site.
You acknowledge that nothing in any agreement (or related policies) you may be subject to with any other party will alter, impair, supersede, amend or otherwise affect in any way any of these Terms or Our Policies.
8. Copyright Infringment and Compliance with the Digital Millennium Copyright Act (“DMCA”)
It is curioZities’ policy to comply with the Digital Millennium Copyright Act (“DMCA”). To that end, if You own copyright, or represent the owner of such copyright, to any Content on the Site submitted by a User, you may notify us pursuant to the DMCA by providing our Copyright Agent with substantially the following information, in writing, at the address listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent is:
Frank Calderon, Copyright Agent
8770 Sunset Drive, #121
Miami, FL 33173
Pursuant to Title 17, Chapter 5, United States Code Section 512, subsection (c)(3)(B), your DMCA notice may be considered not valid if your notice “fails to comply substantially with the provisions” listed above (more information can be found here).
If You have submitted Content to Us which was subsequently reported to us and/or removed on the basis of an alleged copyright infringement pursuant to the DMCA, You may have the right to notify Our Copyright Agent via the counter notification process.
Pursuant to Title 17, Chapter 5, United States Code Section 512, subsection (g)(3), an effecive counter notification “must be a written communication provided to the service provider’s designated agent (in Our case, the Copyright Agent listed above) that includes substantially the following:”
- A physical or electronic signature of the subscriber (the “subscriber” would be You, if You are asserting that your submitted Content does not infringe on anyone else’s copyright).
- Identification 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.
- A statement under penalty of perjury that the subscriber has 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.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for Miami, Florida, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person (For more information on this issue and/or the text of subsection (c)(1)(C), click here).
In addition to the above, please note the following. Pursuant to Title 17, Chapter 5, United States Code Section 512, subsection (g)(2), once We receive a counter notification, We may provide the person who originally notifed Us of an alleged copyright infringement with a copy of the counter notification, and inform said person that we may replace any removed Content or we may cease disabling said Content within 10 business days. Additionally, we may actually replace or cease disabling said Content in 10 to 14 business days, unless we first receive notice from the person who originally notifed Us of an alleged copyright infringement that said person has filed an action seeking a court order to restrain Us from restoring the removed Content.
Notwithstanding any of the foregoing, in any and all cases, We reserve the right to remove any Content and terminate access to the Site for any User or Contributor who has infringed on the copyright of another.
9. Disclaimer of Warranties
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ACCESS THE SITE, CONTENT, USER-SUBMITTED CONTENT, AND ANY THIRD-PARTY CONTENT INCLUDING BUT NOT LIMITED TO ADS AND OTHER WEBSITES LINKED TO FROM THE SITE, AT YOUR SOLE DISCRETION, RESPONSIBILITY AND RISK. THE SITE AND ALL CONTENT, USER-SUBMITTED CONTENT, AND ANY THIRD-PARTY CONTENT INCLUDING BUT NOT LIMITED TO ADS AND OTHER WEBSITES LINKED TO FROM THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, CURIOZITIES AND ITS SUCCESSORS, SUBSIDIARIES, OFFICERS, CO-BRANDERS, MANAGERS, AFFILIATES, MEMBERS, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS AND AGENTS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, COMPLETENES, ACCURACY, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. CURIOZITIES AND ITS SUCCESSORS, SUBSIDIARIES, OFFICERS, CO-BRANDERS, MANAGERS, AFFILIATES, MEMBERS, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE SITE AND ALL CONTENT, USER-SUBMITTED CONTENT, AND ANY THIRD-PARTY CONTENT INCLUDING BUT NOT LIMITED TO ADS AND OTHER WEBSITES LINKED TO FROM THE SITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
CURIOZITIES AND ITS SUCCESSORS, SUBSIDIARIES, OFFICERS, CO-BRANDERS, MANAGERS, AFFILIATES, MEMBERS, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY FOR ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OTHERWISE THROUGH THE SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10. Limitation of Liability
IN NO EVENT AND UNDER NO LEGAL THEORY OR CIRCUMSTANCES SHALL CURIOZITIES OR ITS SUCCESSORS, SUBSIDIARIES, OFFICERS, CO-BRANDERS, MANAGERS, AFFILIATES, MEMBERS, CONTRACTORS, EMPLOYEES, LICENSORS, SUPPLIERS, PARTNERS AND AGENTS BE LIABLE TO ANY PARTY ON ACCOUNT OF THAT PARTY’S USE OR MISUSE OF OR RELIANCE ON THE SITE, ITS CONTENT, USER-SUBMITTED CONTENT, OR OTHER THIRD-PARTY CONTENT. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CURIOZITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, ITS CONTENT, USER-SUBMITTED CONTENT, OR OTHER THIRD-PARTY CONTENT; FROM INABILITY TO USE THE SITE, ITS CONTENT, USER-SUBMITTED CONTENT, OR OTHER THIRD-PARTY CONTENT; OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE, ITS CONTENT, USER-SUBMITTED CONTENT, OR OTHER THIRD-PARTY CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE, ITS CONTENT, USER-SUBMITTED CONTENT, OR OTHER THIRD-PARTY CONTENT, OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE, INCLUDING BUT NOT LIMITED TO ITS CONTENT, USER-SUBMITTED CONTENT, OR OTHER THIRD-PARTY CONTENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall curioZities and/or Our successors, subsidiaries, officers, co-branders, managers, affiliates, members, contractors, employees, licensors, suppliers, partners and agents be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond Our reasonable control, including, without limitation: Internet failures; computer equipment failures; telecommunication equipment failures; other equipment failures; electrical power failures; strikes; labor disputes; riots; insurrections; civil disturbances; shortages of labor or materials; fires; floods; storms; tropical storms; cyclones; hurricanes; tornadoes; earthquakes; volcano eruptions; explosions; acts of God; war; governmental actions; orders of domestic or foreign courts or tribunals; non-performance of third parties; or loss of or fluctuations in heat, light, or air conditioning.
You agree to indemnify and defend curioZities and Our successors, subsidiaries, officers, co-branders, managers, affiliates, members, contractors, employees, licensors, suppliers, partners and agents from any claim, liability or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Site, Your connection to the Site, Your submission of any Content to the Site, Your violation of these Terms, or Your violation of any rights of a third party. This obligation to indemnify and defend us shall survive these Terms and Your use of the Site.
These Terms shall be governed by Florida law except for its conflicts of laws principles, and adjudicated in Miami-Dade County, Florida. These Terms constitute the entire agreement between curioZities and you with respect to the subject matter hereof. Any notices to curioZities must be sent to: quefunny.com, c/o curioZities, LLC, 8770 Sunset Drive, #121, Miami, FL 33173 via first class or air mail or overnight courier, and are deemed given upon receipt. If any provision of these Terms is found to be unenforceable, then any remaining provisions of the Terms will remain in full effect. These Terms are subject to change with no notice to you other than what is posted on quefunny.com Terms of Service page. Your continued use of the Site after any changes to these Terms shall consitute your agreement to and acceptance of the modified Terms. A waiver of any breach or default of these Terms shall not constitute a waiver of any subsequent breach or default, or a waiver of the provision itself. You and curioZities agree that any cause of action related to Your use of the Site must commence within one year after the cause of action accrues, otherwise such cause of action shall be permanently barred. These Terms shall survive Your usage of the Site, and the existence of the Site itself.