Funmoods Website Terms of Service

[Last updated January 23, 2013]

This Terms of Service constitutes the full and final agreements with regards to your use of the Funmoods Website (the "Agreement" and "Website", correspondingly).

We are glad that you chose to participate in Funmoods's 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.

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 convenience. Please take into attention that this is just a summary of the rights and responsibilities, and that you need to read the full agreement.

First of all, the Website is a promotional website for the Funmoods software, which are marketed and provided under different terms, which you should read separately. For the Funmoods Software EULA please go to: www.funmoods.com/eula

Second, the Website is meant for informational purposes, and may allow you to download software or promotional material.

Third, Funmoods collects some non-personally identifiable information and stores a cookie on your computer.

Lastly, no matter what, Funmoods shall never be liable for any damage caused by browsing the Website, clicking 3rd party links or any other activity made by browsing the Website.

The following terms dedicate the contractual arrangements between you and Funmoods:
  1. The Services:

  2. The Website is located at www.funmoods.com and is controlled and maintained by Funmoods and provide information and download links for software developed either by Funmoods or by other 3rd parties. When you download software from the Website, you agree to each software's terms of service and license agreement, which are independent agreements that govern your relationship with Funmoods in respect to the use of the relevant software.
  3. Privacy Policy:

    In order to protect your privacy and make sure you understand exactly what information is stored about you while browsing the Funmoods Website, Funmoods has set up this Privacy Policy. Please keep in mind that while you browse the Funmoods website, no personal identifiable information is retained, but that each software application has its own unique privacy policy.

    2.1 What Personal Identifiable Information Does Funmoods Store? Funmoods does not store any Identifiable personal identifiable information unless it was positively provided to Funmoods by you.

    2.2 What Non-Personal Identifiable Information Does Funmoods Store? Funmoods retains some non- personally identifiable information, such as your approximate geo-location, IP address and other behavioral information relating to your use of the Website in order to provide you with better services and for statistical purposes.

    2.3 Are Cookies Used? When you use the Website, Funmoods may store a cookie on your computer to identify you; such cookie identifies that you previously visited Funmoods's website and allows us to analyze web traffic and provide better service.

    2.4 How is the Information Processed? Funmoods processes non-personal identifiable information and creates statistical and aggregated information in order to allow better service and monitor use of the Website.

    2.5 Who has access to the information? Apart from Funmoods' employees and contractors, who are under strict confidentiality and data-protection obligations, no other 3rd party has access to your personal identifiable information.

    2.6 3rd Party Advertisements: Some of the Funmoods websites have 3rd party services implemented inside them for displaying advertisements and for providing with analytical services. Such 3rd party services, such as Google Adwords may have their own privacy policies and we advise you to review these polices before using this website and related services.

    2.7 Can I review or remove the Information? As Funmoods does not retain any personal identifiable information (unless information which was provided by you), you cannot review or remove any information.

    2.8 What to do if you feel your privacy was invaded? If you feel that your privacy was invaded, please contact Funmoods directly at support@funmoods.com and Funmoods' privacy officer shall investigate and post its report promptly.

  4. Warranty and Liability:

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

    3.2 No Liability: For no case and for no reason shall Funmoods not its related parties be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any end user or any 3rd party due to its miss-performance of duties herein. Funmoods provides the Website 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 (if applicable), loss of profit, loss of good name, all resulting from the use or inability to use the Website rendered by Funmoods.

  5. Amendments:

    Funmoods may amend, from time to time, these Website's Terms of Service. Funmoods has no obligation of notifying you in case such amendments are made. Should you decide that any amendment in these Terms of Service and Privacy Policy does not constitute as your understanding with Funmoods, you may, at your own will, terminate these Terms of Service and Privacy Policy by not using this Website and Website account (if applicable). In no case will these Terms of Service and Privacy Policy have any retroactive change nor would they apply on your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in these Terms of Service.
  6. Termination:

    Funmoods may, at its sole discretion, terminate these Terms of Service and Privacy Policy, 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 Terms of Service and/or Privacy Policy. Funmoods may also, in its sole discretion, and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of these Terms of Service and Privacy Policy may be effected without prior notice, and acknowledge and agree that Funmoods may immediately bar any further access to the Website and/or deactivate or delete your account and all related information and files in your account (if applicable). Further, you agree that Funmoods shall not be liable to you or any 3rd party for any termination of your access to the Website.
  7. 3rd Party Advertisements and Links:

    Funmoods may, at its own discretion and for its causes, include within the Website any links for 3rd party websites, advertisements or links for applications ("3rd Party Content"). 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.
  8. Entire Agreement, Waiver:

    These Terms of Service and Privacy Policy constitute the entire understandings between Funmoods and you with regard to the Website and will only be amended in writing. No waiver to perform any Funmoods's rights under this agreement shall constitute amendments of it.
  9. Governing Laws, Jurisdiction, No Class Action:

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