End User License Agreement

[Last updated June 30, 2013]

This End user license agreement ("Agreement") constitutes the full and final agreements with regards to your use of the Funmoods Software.

We are glad that you chose to participate in our activities and to be a part of the Funmoods community. Please take the time to fully read these terms as they constitute a binding agreement between Funmoods and yourself with regard to your use of the Funmoods software and related services (the "Agreement", "Software" and "Services", correspondingly).

We, at Funmoods acknowledge that reading legal documents may be quite exhausting, and have set up this preamble and summary, which are here solely for your convenience. Please take into attention that this is just a summary of the rights and responsibilities, and that you need to read this full agreement.

First of all, The Software and Services are provided to you in order to enhance your web browsing ability, where some of the elements may add features to your browser and others may change existing features.

In order to provide you with the Software and Services, Funmoods may change some of your system's preferences, such as homepage, new tab page, add toolbars or change your default search engine. Please note that such changes may be reverted at any time, and if you are not satisfied with Funmoods' software, please inform us at compliance@funmoods.com, and we shall assist you in such reverting.

We are committed to comply with the Downloadable Software Guidelines which incorporates industry ethical standards for such Software and Services.

Second, while using the Funmoods Software and Services you may be presented to 3rd parties' content, such as: information, stock quotes, images and other information. Therefore, Funmoods is not responsible for the content of such services.

Third, while using the Software and Services, Funmoods may collect some non-personally identifiable information and stores a cookie on your computer. For more information please see our privacy policy: http://www.funmoods.com/privacy.

Lastly, no matter what, Funmoods shall never, but never, be liable for any damage caused by your using of the Software and/or Services, clicking 3rd party links or any other activity made by using our Software and/or Services.

And now for the legal part:

  1. The Services.

    Funmoods develops and offers you the downloadable Software and related Services as detailed below, which are all governed by this Agreement. The software and services provided to you may include some or all of the following Software and/or Services:

    1.1 Funmoods Emoticons: Funmoods is a software application which adds smileys and emoticons to chats and Messaging services. This feature will enable you to add emoticons to your posts and enhance your visibility.

    1.2 Toolbar: Funmoods' toolbar allows you to retrieve 3rd party content, such as radio stations, games, stock quotes and other information, as well as perform search queries and launch your social network's chat. The Toolbar may contain plugins from 3rd party software vendors who have separate licenses and agreements.

    1.3 Speedial: Speedial adds a new tab screen to your browser that includes your favorite websites, 3rd party content (such as your favorite RSS feeds, information or stock quotes) and other information you provided to Funmoods. You may customize your Speedial page, add specific widgets or pages and other 3rd party content.

    1.4 Search Enhancements: You may add specific search services, such as IMDB and other services, where such services will be provided to you directly from those 3rd parties. Some of the search enhancements may be automated or sponsored.

    1.5 Read It Later: Some of the Funmoods software allows you to tag specific web pages for reading later.


  2. Changes to your preferences and system.

    When installing the Software, the following changes may occur in your system, where you can opt-out from any of these changes upon Installation. Please be advised that the changes may be applicable to some but not all operating systems and/or browsers, given their technical specifications:

    2.1 New Tab Page: Funmoods may change your new tab page on any of your browsers to add the Funmoods new tab application or page. The new tab application or page uses some of your original preferences and access your last visited pages, bookmarks, most viewed pages and installed browser apps. Please note that none of this information is retained by Funmoods on its servers.

    2.2 Changes In Default Search: Funmoods may change your default search engine to add Funmoods's (or any of Funmoods's affiliates) search engine; Funmoods's search engine is provided free of charge, and provides you with great search results.

    2.3 Changes to your homepage: Funmoods may change your homepage in any of your browsers to allow the Funmoods' homepage application to provide you with better services.

    2.4 Installing Browser Add-ons: In order to provide you with the services, Funmoods may install browser add-ons, plugins or widgets to any and all of your browsers.

    In addition the following components/processes may occur on your system:

    2.5 Icon Drop: Upon installation of Funmoods, we will place – for your convenience – a Funmoods icon on your desktop, start menu, Metro Block (for Windows 8 users) or quick launch. When clicking on such icon, Funmoods website and services will be launched directly.

    2.6 Preventing Unauthorized Use: In order to protect you from potentially unwanted software, Funmoods tracks and monitors whether other applications have tried to change your homepage, new tab page or default search engines and notifies you when such changes occur. Furthermore, Funmoods may track undesirable software which might try to prevent you from changing your homepage, new tab or default search engine, a change to which you consent and choose to conduct. In such event Funmoods may perform the required technical modifications to comply with your choice.

    2.7 Disabling Some Features: In order to allow some of the Services to operate, Funmoods may disable some features of your system, such as your most viewed pages in your Chrome browser.

    2.8 Updater: In order to provide you with the most up-to-date version of the Software and/or Services, we may update the Software and/or Services once a new version is released and send you relevant notifications.


  3. 3rd Party Content.

    The content provided to you in the course of using the materials and services may include 3rd parties' software and/or services ("3rd Party Content") and Funmoods does not warrant for its quality or authenticity. Funmoods is not, and shall never be, liable for any damage that might occur when using and/or relying on 3rd Party Content and does not warrant that they will be available or accurate.


  4. Licenses.

    Apart where specifically licensed to you, you are prohibited from using, distributing, publishing, making derivative works, changing, reverse engineering, decompiling or otherwise manipulating the Software and/or any of the Services. Funmoods hereby licenses you a limited, non-exclusive, non-assignable, non-transferrable, revocable, temporary, personal license to use the Software and/or Services and any future programming fixes, updates and upgrades provided to you on your computer.

    You understand that Funmoods, in its sole discretion, may modify or discontinue or suspend your right to access any of its Services or use any of the Funmoods Software at any time, and may at any time suspend or terminate any license hereunder and disable any Funmoods Software you may already have accessed or installed without prior notice. Funmoods reserves the right to add additional features or functions to the Funmoods Software. When installed on your computer, the Funmoods Software periodically communicates with Funmoods servers. We may require the updating of the Software on your computer when releasing a new version, or when making new features available. This update may transpire automatically or through other means. You understand that we may need your review and acceptance of our then-current end user license agreement/terms of service and privacy policy before you will be allowed a limited license for any later versions of the Software. You acknowledge and agree that Funmoods has no obligation to make available to you any subsequent versions of its software applications.


  5. Third Party License- Open Source Code.

    The Software is developed and owned by Funmoods and\or any of its affiliates, subsidiaries and/or their respective suppliers and licensors. The Software also includes certain software, components and materials (“Open Source Materials”) of third parties (“Third Party Licensors”) licensed under certain licenses (“Open Source Licenses”).

    Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable Open Source Licenses. You must review the Open Source Licenses to understand your rights under them. In the event that no such third party license agreements exist, the restrictions contained in this Agreement shall apply.

    With respect to the Open Source Licenses, the following terms shall apply:
    • You hereby acknowledge and agree that you will be licensing any Open Source Materials directly from the applicable Third Party Licensors, including the right to use such Third Party Materials in connection with the Software.
    • In the event of any inconsistencies or conflicting provisions between the provisions of the Open Source Licenses and the provisions of this Agreement, the provisions of the Open Source Licenses shall prevail.
    • Restrictions under this Agreement concerning modification, confidentiality and other provisions do not apply to such Open Source Materials.
    • For now, Our Software uses only the MIT and BSD free permissive Open Source License, attached are the Copyright Notices:
    BSD Copyright Notice:

    Copyright (c) 2011, Funmoods All rights reserved.

    Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

    1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

    2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

    3. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the Funmoods.

    4. Neither the name of the Funmoods nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

    THIS SOFTWARE IS PROVIDED BY Funmoods ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL Funmoods BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    MIT Copyright Notice:

    Copyright (c) 2011, Funmoods

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


  6. Revert and Uninstall.

    Should you decide to uninstall the software and services you should follow these Uninstall Instruction. Funmoods retains the information regarding your homepage, new tab and default search engines, as configured prior to the installation of Software and/or Service ("Original System Preferences") so in the event you choose to uninstall the Software and Services, the Original System Preferences may be reverted.


  7. Children.

    Funmoods Software is not designed or intended for children under the age of thirteen (13). We reserve the right to request proof of age at any stage to verify that minors under the age of thirteen (13) are not using the Funmoods Software. In the event that we learn that a person under the age of thirteen (13) uses Funmoods Software, we will prohibit such person from accessing the Service and will make best efforts to promptly delete any Personal Information (as such term is defined in the Privacy Policy) with regard to such person.


  8. Warranty and Liability.

    8.1 No Warranty: 8.1 Funmoods does not warrant for the Software and Services and supplies them on an “as-is” and “as-available” basis. Your use of Software and/or Services is at your own risk and under your liability. Funmoods makes no warranty that (i) the Software and/or Services will meet your requirements, including providing you with any relevant information or reaching a relevant audience and (ii) the Software and/or Services will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the Use of the Software and/or Services will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Software and/or Services will meet your expectations, or (v) any errors in the Software and/or Services will be corrected.

    8.2 No Liability: 8.2 For no case and for no reason shall Funmoods be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any user or any 3rd party due to its mis-performance of duties herein. Funmoods provides the Software and Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, user Account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use the Software and/or Services.


  9. Amendments.

    Funmoods may amend, from time to time, this Agreement and/or Privacy Policy and may, or may not, notify you as these amendments are made. Should you decide that any amendment in this Agreement or in the Privacy Policy does not constitute as your understanding with Funmoods, you may, at your own will, terminate this Agreement and your use of the Funmoods Software and terminate your user Account (if applicable). In no case will this Agreement have any retroactive changes nor would they apply to your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in this Agreement and/or Privacy Policy.


  10. Termination:

    Funmoods may, at its sole discretion, terminate this Agreement, or any other service rendered by it due to any reason, for any user, including you, or with no reason at all or for any reason, including, without limitation, for lack of use or if Funmoods believes that you have violated or acted inconsistently with the understandings or spirit of the Agreement. Funmoods may also, in its sole discretion, and at any time discontinue providing the Software and/or Services, or any part thereof, with or without notice. You agree that any termination of your access to the Software and/or Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Funmoods may immediately deactivate or delete your account and all related information and files in your account (if applicable) and/or bar any further access to such files or the Software and/or Service. Furthermore, you agree that Funmoods shall not be liable to you or any 3rd party for any termination of your access to the Software and/or Services.


  11. 3rd Party Advertisements and Links.

    Funmoods may, at its own discretion and for its causes, include within the Software and/or Services any links for 3rd party websites, advertisements or links for applications. Funmoods does not warrant for 3rd Party Content or availability thereof nor does it endorse it. Funmoods shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality. Funmoods is not affiliated with any 3rd party who provides information and/or content through the Software and/or Services and does not warrant for its quality or accuracy.


  12. Entire Agreement, Waiver.

    This Agreement and Privacy Policy constitute the entire understandings between parties and will only be amended from time to time. No waiver to perform any Funmoods's rights under this agreement shall constitute amendments of it.


  13. Governing Laws, Jurisdiction, No Class Action.

    These Terms shall be solely governed by the laws of the state of New York, including their statutes regarding conflict of laws and may be solely brought to the competent courts of the New York city. You undertake not to initiate any class action, for any reason, against Funmoods and to claim your damages only according to this agreement.