TERMS OF SERVICE

1. Sharing Your Content

Your content. Funkalab allows you to post content on the Service, including photos, videos, comments, and other materials. Anything that you post, display, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you post to our Service.

How Funkalab and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, re-arrange, and distribute your User Content on Funkalab for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Funkalab’s rights under separate licenses to User Content. Please remember that the Funkalab Service is a public platform, and that other Users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service.

How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from your account or your boards, Funkalab may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Funkalab and other Users may retain and continue to display, reproduce, re-post, modify, re-arrange, and distribute any of your User Content that other Users have re-posted to their own boards or which you have posted to public or semi-public areas of the Service.

Your responsibility for your content:

To Funkalab and our community. Funkalab provides a platform for developing creative projects. It is meant to be a positive place for you to develop and discover original and creative projects. We must insist that you only use our Service in a manner that is consistent with the Funkalab Acceptable Use Policy.

You agree not to post content that:

• creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
• may create a risk of any other loss or damage to any person or property;
• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• violates, or encourages any conduct that violates laws or regulations;
• contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
• contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
• infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
• contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
• is fraudulent, false, misleading, or deceptive.

We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the Funkalab Acceptable Use Policy.

To third parties. Funkalab values and respects the rights of third party creators and content owners, and expects you to do the same. Funkalab is meant to be a platform for developing original creative projects and because of that we encourage the use of resources around the web for research purposes. In Funkalab we give you the tools that encourage that research. However, you are responsible on how you use the third party content and the influence it has on your final production. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the Funkalab Acceptable Use Policy. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you can post or re-post User Content on your boards. If you want to learn more about copyright and fair use, please click here for some links to useful third party resources.

Definition of Intellectual Property Rights. When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.

Feedback you provide: We value hearing from our Users, and are always interested in learning about ways we can make Funkalab a better platform for you. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place Funkalab under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, Funkalab does not waive any rights to use similar or related Feedback previously known to Funkalab, or developed by its employees, or obtained from sources other than you.

2. Funkalab Content

Funkalab Content. Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“Funkalab Content”) are the property of Funkalab and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Funkalab Content without our permission.

Our license to you. Subject to the terms and conditions of these Terms and our Acceptable Usage Policy, we grant you a license to use the Service, including accessing and viewing Funkalab Content, for your personal, noncommercial use to allow you to brainstorm ideas, develop creative projects, showcase your creative project’s development and final production, discuss ideas and projects with other users of Funkalab as expressly permitted by the features of the Service. Funkalab may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Funkalab reserves all other rights and no other rights are granted by implication or otherwise.

3. Copyright Policy

Funkalab has adopted and implemented the Funkalab Copyright Policy in accordance with the Digital Millennium Copyright Act.

Funkalab respects the intellectual property rights of others and expects its users to do the same. It is Funkalab’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Funkalab will respond expeditiously to claims of copyright infringement committed using the Funkalab website that are reported to us.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and e-mailing it to contact@funkalab.com. Upon receipt of the Notice as described below, Funkalab will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
5. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
6. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
7. Provide your full legal name and your electronic or physical signature.
8. Send it to contact@funkalab.com

4. Using Funkalab

Who can use Funkalab. You may use the Service only if you can form a binding contract with Funkalab, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the Funkalab community, the Service is not available to any Users previously removed from the Service by Funkalab.

Funkalab accounts. Creating an account with Funkalab gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to Funkalab with a third-party service (e.g., Facebook), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy. You agree not to use user names or board titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your board at any time and for any reason in our sole discretion.

Terminating your account. You may close your account at any time by sending an email to contact@funkalab.com. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Acceptable Use Policy or these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by Sections 1b (How Funkalab and other users can use your content), 1c (How long we keep your content), 1e (Feedback you provide), 1f (Definition of Intellectual Property Rights), 2a (Funkalab Content), 3 (Copyright Policy), 4c (Terminating your account), 4f (Your interactions with other Users), and 6 through 12 (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the “How long we keep your content” section above.

Your responsibility for your account. When you create your Funkalab account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify Funkalab of any compromise of your credentials you become aware of and any unauthorized use of your account.

Changes to the Service. Here at Funkalab, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.

Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Funkalab will have no liability for your interactions with other Users, or for any User’s action or inaction. Please help to make Funkalab a positive and respectful community.

5. Privacy and Security

We care about the privacy and security of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in Mexico. While we work to protect the security of your content and account, Funkalab cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

6. Third-party Links, Sites and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Funkalab. Funkalab does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that Funkalab will have no liability arising from your use of or access to any third-party website, service, or content.

7. Indemnity

You agree to indemnify and hold harmless Funkalab and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Funkalab Content, (ii) your User Content, or (iii) your breach of any of these Terms.

8. Disclaimers

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FUNKALAB SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

FUNKALAB takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

9. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, FUNKALAB CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER FUNKALAB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, FUNKALAB CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FUNKALAB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT WILL FUNKALAB’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR FUNKALAB CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FUNKALAB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

The Service is controlled and operated from its facilities in Mexico. Funkalab makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by Mexico, or are a foreign person or entity blocked or denied by the Mexico’s government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Mexico.

10. APPLICABLE LAWS / JURISDICTION

a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Mexico or any other country in which you reside.

b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of the State of Nuevo León, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with Funkalab or relating in any way to your use of the Site shall be in the federal or state courts located in Monterrey, Nuevo Leon, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Funkalab or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.

c. We operate the Site from our offices in San Pedro Garza Garcia, Nuevo Leon. We do not represent that materials on the site are appropriate or available for use outside of San Pedro Garza Garcia, Nuevo Leon. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. MISCELLANEOUS

Any inquiries concerning these terms and conditions of use should be directed to us through our contact form. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. Funkalab may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.

12. DISPUTES

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the state of Nuevo Leon.

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