Terms

One Fun™ Terms of Use

Use of the website accessible at www.OneFun.com (the “Site”) is governed by these terms and conditions (the “Terms of Use”). By using the Site, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site. One Fun Company, Inc. (the “Company”) reserves the right, in its discretion, to update or revise these Terms of Use. Please check periodically for changes. All such changes to these Terms of Use are effective immediately when they are posted to the Site. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 

GENERAL
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others. Without limiting the foregoing, you may not interfere with the proper working of the Site or attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

Additional terms and conditions may apply to specific portions of the Site, which terms are made a part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

 

PROPRIETARY RIGHTS
You acknowledge and agree that the content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. The Company grants you a non-exclusive license to download, print and make up to thirty (30) copies of the content and materials made publicly available on the Site solely for your personal, non-commercial use or for educational purposes, provided you keep intact all copyright and other proprietary notices. Except as set forth in the preceding sentence or as authorized in writing by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content or materials. Any use of the content or materials available on the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

USER CONTRIBUTIONS

The Site may contain interactive features ("Interactive Services") that allow users to post, submit, publish, display, or transmit to the Company or to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site. Certain User Contributions that the Company has agreed in writing to treat as confidential, such as proprietary grant proposal materials submitted by registered grant applicants for the Company’s consideration, will be considered confidential and will not be made available to the public for viewing or downloading. Except as otherwise stated in this paragraph, any User Contribution you post to the site will be considered non-confidential and non-proprietary, and, by providing any such User Contribution on the Site, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our  licensees, successors, and assigns, if applicable; and (ii) you understand and acknowledge that you are responsible for your User Contributions, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

 

LINKING TO THE SITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You may not frame the Site or incorporate pieces of it into a different website or product. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content.

THIRD PARTY SITES

Links to other sites and resources provided by third parties are provided on the Site for your

convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of such a link does not imply endorsement of the site by the Company or any association with its operators. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

USER NAMES AND PASSWORDS
If you have a user name and password in connection with your use of the Site, it is your responsibility to maintain the confidentiality of such user name and password. You are fully responsible for all activities that occur under your user name, and the Company does not assume any liability or responsibility for such use.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. If you are a health care professional you should remember that the content on the Site is not meant to serve as a substitute for your own clinical judgment, and we encourage you to confirm the information contained on the Site with other sources before undertaking any treatment or action based on it. If you are a consumer who chooses to use the information on the Site, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified health care professional. For medical concerns, including decisions about medications and other treatments, you should always consult your physician or, in serious cases, seek immediate assistance from emergency personnel. You are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. In particular there can be no assurance that use of The Company’s products will in any way slow the spread of Covid-19 or other viruses.

 

This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

DISCLAIMER OF WARRANTIES
We do not offer you any warranty or guarantee related to the Site or the information available on the Site. Further, we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE NLM FOUNDATION DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS OFFICERS DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, and its employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.

INTERNATIONAL USE
The Company makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them is prohibited in territories where viewing or downloading their content is in violation of local law. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

CONTACT INFORMATION

All comments, requests for technical support, and other communications relating to this Site should be directed to the following address:

 

Fundane Labs, Inc

3 Beachside CMM

Westport, Connecticut 06880

 

 

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to the Company:

• 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 Site;
• your address, telephone number and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• 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.

 

Please send such notice to the Company at the address above.

 

CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Delaware, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Company with respect to the Site. If any part of these Terms of Use 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.

TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

ONE FUN COMPANY, INC. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from ONE FUN COMPANY, INC. via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.