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(a) dispute resolution / arbitration agreement,including the class action waiver described therein
(b) limitation of liability
1. About the Site
The Site is a platform through which certain merchants (“ Merchants ”) (a) sell vouchers for goods, services (“ Vouchers ”), (b) sell goods and services directly to you (“ Merchant Products ”), (c) make available coupons, promotional codes, giveaways, samples, and offers for software downloads (“ Coupons ”),(collectively (a)-(c),“ Merchant Offerings ”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality of the goods and services provided. Vouchers may be distributed by InFunt Merchant Services. More information about the distributor of a particular Voucher is available upon request. InFunt is not an agent of Merchants.
In addition, the Site also provides a platform through which you can purchase products from InFunt (“ Products ”) and participate in other available programs.
Certain Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in InFunt’s sole discretion, without notice.
2. Ownership of the Site
3. Use of the Site
As a condition of your use of the Site, you agree that:
4. Access to the Site
InFunt retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
6. Your Account
You may only create and hold one account on the Site for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that InFunt shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
7. Your Conduct
8. Your Privacy
9. Terms of Sale
10. Special Programs
11. Copyright and Trademarks
The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the CANADA. InFunt owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of InFunt or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
InFunt owns trademarks, registered and unregistered, in many countries and "InFunt," the InFunt logos and variations thereof found on the Site are trademarks owned by Creativefun Technology Ltd. or its related entities and all use of these marks inures to the benefit of InFunt.
Other marks on the site not owned by InFunt may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of InFunt unless otherwise stated, or may be the property of their respective owners. You may not use InFunt's name, logos, trademarks or brands, or trademarks or brands of others on the Site without InFunt's express permission.
12. User Content
The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, " User Content ") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a InFunt account to submit User Content.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. InFunt makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
13. Unsolicited Ideas
We do not accept or consider, directly or through any InFunt employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form ( “Unsolicited Materials” ). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
14. Disclaimer of Warranty
As permitted by applicable law, you expressly agree that use of the site is at your sole risk. Neither InFunt, nor its subsidiaries or affiliates or any of their respective employees, agents, merchants, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the site will be uninterrupted, secure, virus-free, or error free, nor do they make any warranty as to (a) the results that may be obtained from use of the site, or (b) the accuracy, completeness, or reliability of (i) the content on the site, including, without limitation, merchant offerings, products, or other available programs, (ii) descriptions of merchant offerings, products, or other available programs, or (iii) user content provided through the site. The site and all content, user content and other information contained on the site, merchant offerings, products and other available programs accessible or available through the site, are made accessible or available on an “as is” and “as available” basis. To the extent allowed by applicable law, InFunt hereby disclaims any and all representations, warranties, and conditions, whether express, implied, or statutory, as to the operation of the site or the content, user content, or other information contained on the site or the merchant offerings, products, or other available programs accessible or available through the site, including, without limitation, those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing. The warranty limitations in this section are not intended to limit any warranty provided directly by a merchant or by the applicable manufacturer of physical products or any express representations or warranties by InFunt that are included in other applicable terms
15. Limitation of Liability
16. Electronic Communications
When you use the Site or send emails to InFunt, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
17. Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked site or resource.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release InFunt from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
19. Force Majeure
21. Entire Agreement
22. Choice of Law
23. Dispute Resolution/Arbitration Agreement
(b) No Class Action Matters . We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
(c)Choice of Law and Forum; No Jury Trial . If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and InFunt agree that any Dispute may only be instituted in province court in British Columbia (ii) you and InFunt irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and InFunt agree to waive any right to a trial by jury.
(d)Injunctive Relief . Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of InFunt.
(e)Severability . With the exception of Section 23(b) above, if any part of this Section 23 is ruled to be unenforceable, then the balance of this Section 23 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 23(b) above is ruled to be unenforceable, then Section 23(a) shall be deemed unenforceable, but the rest of Section 23 shall remain in full effect.
24. Additional Disclosures
You are contracting with Creativefun Technology Ltd. Correspondence should be directed to: 241-8680 Cambie Rd. Richmond, BC CANADA V6X 4K1.