Terms of Service (TOS) and It's A Fund Thing End User License Agreement
It's A Fund Thing (It's A Fund Thing or we) has designed, developed and is the publisher of a software product entitled It's A Fund Thing (Software). The Software and associated applications (the Service) are provided by It's A Fund Thing for personal purposes only. In order to use the Service, you must read and agree with this End User License Agreement (this Agreement). IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIANS PERMISSION TO USE THIS SERVICE, AS WELL AS HAVE THEM READ AND AGREE TO THESE TERMS. By using the Service, you agree as follows:
1. It's A Fund Thing License Terms.
1.1 License Grant. It's A Fund Thing grants you (the User) the non-exclusive, non- transferable, revocable, limited right to access the Service for Users personal use in accordance with the terms and limitations contained herein. All other rights are reserved by It's A Fund Thing. Unless otherwise authorized in writing by It's A Fund Thing, User may not use, copy, reproduce, modify, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Service (including, without limitation, any screenshots, videos, documentation or manuals relating to the Service) except as provided in this Agreement.
1.2 License Restrictions. Unless otherwise authorized, User shall not:
(a) Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party;
(b) Reverse engineer, decompile, or disassemble any aspect of the Service including setting up competing networks such as shadow servers, gray shards, or pirate servers;
(c) Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) Harm minors in any way;
(e) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
(g) Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(h) Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(i) Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a manner that negatively affects other users ability to engage in real time exchanges;
(k) Interfere with or disrupt the Service;
(l) Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Service;
(m) Monitor traffic or make search requests in order to accumulate information about individual users;
(n) Stalk or otherwise harass another person;
(o) Modify, delete or damage any information contained on the personal computer of any other user;
(p) Unless otherwise approved by It's A Fund Thing, upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(q) Use the Service in any way related to gambling or illegal lotteries or illegal sweepstakes;
(r) Harm the Service including using any program or other mechanism to slow or crash the network including monitoring activity, packet sniffing, or modifying the data stream;
(s) Engage in any activity or install any software application to facilitate activity considered cheating, including botting, other automated play, or hacking to gain an advantage over other users as judged by It's A Fund Thing: or
(t) Allow usage by others in such a way as to violate this Agreement;
1.3 Indemnification. User (i) agrees to indemnify, defend and hold harmless, and (ii) hereby releases, It's A Fund Thing, its licensors, and their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, and agents from and against any and all losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with the Users use of the Service and all other services or activities related thereto.
2.1 It's A Fund Thing Intellectual Property. Except for the revocable, limited license expressly granted hereunder, It's A Fund Thing retains all rights, title and interests in and to all intellectual property rights associated with the Service and all copies thereof, and all data in connection therewith. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions as well as other laws. User acknowledges that the Software contains valuable trade secrets of It's A Fund Thing, and that It's A Fund Thing and/or its licensors own all intellectual property rights in and to the Software, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. User may not remove the copyright and other proprietary rights notices from the Software. User agrees that this Agreement shall be retained with all printed and electronic copies of the Software and documentation constituting the Software. User agrees to prevent any unauthorized copying or distribution of the Software. Except for the license as expressly provided herein, It's A Fund Thing does not grant User any express or implied right in any patents, copyrights, trademarks, or trade secret information of It's A Fund Thing and/or its licensors.
2.2 Licensed Intellectual Property. It's A Fund Thing, through arrangements with licensors, may incorporate certain external intellectual property (Licensed Intellectual Property) into the Services. This Licensed Intellectual Property shall remain the property of the licensors and any and all intellectual property rights thereto shall remain with the licensors.
2.3 Certain companies and individuals ("Licensors") may provide information and materials to It's A Fund Thing for use as part of the Service (e.g. for a It's A Fund Thing Project or It's A Fund Thing Opportunities). Licensors represent and warrant they have the power and authority to provide such Licensed Materials to It's A Fund Thing without any further permissions and without violating the proprietary rights, including intellectual property rights of any third-party. Licensors are considered "Users" hereunder for all purposes.
2.4 Users provided certain information and materials for It's A Fund Thing to use and display on the Service ("User Materials"). Users represent and warrant they have the power and authority to provide such Licensed Materials to It's A Fund Thing without any further permissions and without violating the proprietary rights, including intellectual property rights of any third-party. Users further grant It's A Fund Thing and its licensees and assigns the right to use such User Materials for marketing, promotional, and advertising purposes in any media throughout the world.
2.4 It's A Fund Thing. If you have an active It's A Fund Thing account you may participate in our It's A Fund Thing service offering. It's A Fund Thing ("It's A Fund Thing") is an online redeemable point system, with no cash value, that can be used to fund certain projects offered through It's A Fund Thing. It's A Fund Thing can be acquired, used and redeemed in a variety of ways. For example, you may have the opportunity to acquire It's A Fund Thing by participating in and/or by completing certain tasks or objectives as part of the Service. We may also offer It's A Fund Thing to you for free through one of our promotional campaigns. In addition, we currently offer It's A Fund Thing to you for sale through our online store. It's A Fund Thing is sold in bundles and the price may vary at our discretion and depending on the amount you purchase. It's A Fund Thing may from time to time limit the amount of It's A Fund Thing you may obtain in your account balance at any one time or in the aggregate. It's A Fund Thing will notify you if you reach such limit. You are solely responsible for any tax consequences that may result from your acquisition, use or redemption of It's A Fund Thing.
License to use It's A Fund Thing. No matter how you obtain It's A Fund Thing, you acknowledge and agree that such It's A Fund Thing solely represents a limited license right to a virtual good which is governed by the terms of this Agreement, and except as provided and intended as part of the Service, such It's A Fund Thing is non-transferable to another person.
We reserve the right from time to time limit the amount of It's A Fund Thing you may redeem or purchase at any one time or during a certain period. We will notify you if you reach such limits. Once you redeem your It's A Fund Thing, the amount redeemed will be deducted from your balance. We will not reinstate any deducted It's A Fund Thing except in limited circumstances at our sole and absolute discretion after investigation.
Corrections. You are solely responsible for verifying that the proper amount of It's A Fund Thing has been added to or deducted from your It's A Fund Thing account. You can view your It's A Fund Thing balance from within while participating in the Services that accept It's A Fund Thing for payment. If you believe that a mistake has been made with respect to your It's A Fund Thing balance, please contact us immediately so that we can investigate the matter. Note that It's A Fund Thing may require additional information and/or documentation to verify your claim. It's A Fund Thing will let you know the results of our investigation, however, you acknowledge and agree that we have sole and absolute discretion in determining whether or not your claim is valid and if so the appropriate remedy.
It's A Fund Thing may grant refunds on unused It's A Fund Thing balances if you request it. This refund may have certain fees deducted to cover the transaction costs of the refund. No refund is granted for any projects funded in It's A Fund Thing.
If your account is inactive for six (6) months, It's A Fund Thing may deduct a portion of any unused It's A Fund Thing balance up to 100% of that unused balance to fund projects as part of the Service at its discretion.
Improper Usage of It's A Fund Thing. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your It's A Fund Thing or access thereto if we terminate the Service or if we suspect, after investigation, that you have misused the It's A Fund Thing service, violated the terms of this Agreement, or have otherwise used the It's A Fund Thing service to conduct any fraudulent or illegal activity.
In the event that It's A Fund Thing suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused It's A Fund Thing on the account, any license or fees, any content or data associated with your account, or for anything else. It's A Fund Thing has the right at any time for any breach of this agreement or general suspension or termination of the Service, to suspend or terminate your account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that It's A Fund Thing suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused It's A Fund Thing or other credits on the account, any license or fees, any content or data associated with your account, or for anything else.
In the event an account is suspended or terminated for your breach of this Agreement (in each case as determined in It's A Fund Thing 's sole discretion), It's A Fund Thing may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts.
If you purchase It's A Fund Thing and contribute to a project on the Service, that It's A Fund Thing will be deducted from your account and credited to that project regardless of whether that project meets its funding goal. This purchase and contribution is final and non- refundable.
Users that post projects agree to deliver rewards as promised regardless of whether or not the project reaches its funding goal. Users that post projects acknowledge and consent to full liability for any and all chargebacks and refunds It's A Fund Thing has to handle on their behalf. Users that post projects are obligated to honor and fulfill any invoices received from It's A Fund Thing related to chargebacks and refunds pertaining to their specific project.
YOU UNDERSTAND AND AGREE THAT ANY ATTEMPT TO MAKE ANY CHARGE BACK OR OTHERWISE RECLAIM OR OBTAIN A REFUND OF OR A CREDIT AGAINST ANY FEES PAID FOR THE SERVICE WITHOUT FIRST HAVING OBTAINED It's A Fund ThingS PRIOR WRITTEN CONSENT TO SUCH REFUND SHALL ENTITLE It's A Fund Thing TO DEACTIVATE YOUR ACCOUNT UNLESS AND/OR UNTIL SUCH TIME AS THE FEES ARE REPAID OR A CREDIT OR REFUND IS AGREED WITH It's A Fund Thing. DEACTIVATION WILL INCLUDE, NOT ONLY THE It's A Fund Thing BALANCE, BUT ALSO ALL ACCESS TO THE SERVICE INCLUDING PREVIOUSLY PURCHASED ADDITIONAL FEATURES AND/OR THE FREE ASPECTS OF It's A Fund Thing.
2.5 Claims of Copyright Infringement.
If you are a copyright owner (or the owners authorized agent) and have a good-faith belief that material on our website and/or Service infringes one of your copyrights, you may notify us in writing using the procedure described below. In order for us to process your notice of copyright infringement, it must be sent to our Designated Agent below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Written notification must be submitted to the following Designated Agent:
2661 Shamrock Dr.
Ogden, UT 84403
The Notification of Claimed Infringement must include the following:
(a) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(b) Identification of the copyrighted work (or works) that you claim has been infringed;
(c) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted);
(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(e) Your name, address, telephone number, and e-mail address;
(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(g) 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.
3. Injunctive Relief.
User acknowledges and agrees that a breach or threatened breach of any covenant contained in this Agreement would cause irreparable injury, that money damages would be an inadequate remedy and that It's A Fund Thing shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain User, from such breach or threatened breach. Nothing in this section shall be construed as preventing It's A Fund Thing from pursuing any and all remedies available to it, including the recovery of money damages from User.
4. No Warranty; Refunds; No Liability For Damages; No Support; Data.
4.1 No Warranty. USER ACKNOWLEDGES THAT THE SOFTWARE AND SERVICE MAY WELL CONTAIN AND DEFECTS. THE SOFTWARE AND SERVICE IS PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE, THE SERVICE AND ALL OTHER SERVICES IS WITH USER. SHOULD THEY PROVE DEFECTIVE FOLLOWING THEIR RECEIPT BY USER, USER AND NOT It's A Fund Thing ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. Without limiting the foregoing, It's A Fund Thing does not ensure continuous, error-free, secure or virus-free operation of the Software, the Service, your account or continued operation or availability of any given server. THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. No Refunds will be given under any circumstances, once a project has been published.
4.2 No Liability For Damages. IN NO EVENT SHALL It's A Fund Thing, ANY PARENT, SUBSIDIARY OR OTHERWISE RELATED COMPANY (INCLUDING ALL AFFILIATES), OR EMPLOYEES, AGENTS, OFFICERS, MANAGERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICE EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. It's A Fund Thing DOES NOT GUARANTEE THE PERFORMANCE OF ANY USER OF THE SERVICE AND IS NOT LIABLE FOR THEIR LACK OF PERFORMANCE.
4.3 No Support. It's A Fund Thing does provide limited support for the Software or Service. However, It's A Fund Thing may provide an e-mail address and/or a password protected forum for User to send any questions and/or comments regarding the Software or Service. It's A Fund Thing does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to Users e-mail(s) and/or board postings.
5. Dispute Resolution and Choice of Law.
5.1 Informal Resolution. To facilitate the resolution of any controversy related to this Agreement (Dispute), you and It's A Fund Thing agree to first attempt to resolve any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Informal resolution may be completed through a customer service mechanism. If this fails, additional informal discussions begin upon written notice from you or It's A Fund Thing. It's A Fund Thing will send its notice to the email address you have provided to us and may also provide a copy to a physical address if we have one on file. You will send your notice to It's A Fund Thing 2661 Shamrock Dr., Ogden, UT 84403, Attn: Legal Department.
5.2 Binding Arbitration. If you and It's A Fund Thing are unable to resolve a Dispute through informal discussions, either you or It's A Fund Thing may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by final binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be performed under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Your arbitration fees and your share of arbitrator compensation shall be governed by these AAA rules. If such costs are determined by the arbitrator to be excessive, It's A Fund Thing will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online as allowed by the AAA rules. Except as otherwise provided in this Agreement, you and It's A Fund Thing may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
5.3 No Class Action. You and It's A Fund Thing agree that any arbitration shall be limited to the Dispute between It's A Fund Thing and you individually. To the full extent permitted by law no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
5.4 Exceptions to Informal Discussions and Arbitration. You and It's A Fund Thing agree that the following Disputes are not subject to the above provisions concerning informal discussions and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or It's A Fund Things intellectual property rights or Licensed Intellectual Property; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or criminal activity; and (3) any claim for injunctive relief.
5.5 Venue. Any arbitration will take place in Weber County, Utah, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Weber County, Utah, United States of America, and you and It's A Fund Thing agree to submit to the personal jurisdiction of that court. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the law of the State of Utah without regard to its conflict of laws provisions. Each party hereby waives any claim that such venue is improper or inconvenient.
6.1 Survival. The provisions of this Agreement, other than Section 1.1 shall continue in full force and effect even after this Agreement has been terminated.
6.2 Severability and Assignment. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. User shall have no right to assign this Agreement.
6.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Changes made by User to this Agreement will not be effective unless set forth in a writing describing the change and agreed to and signed by both It's A Fund Thing and User. It's A Fund Thing reserves the right to change the terms of this Agreement at any time upon notice to User by e-mail or on its webpage. Such changes by It's A Fund Thing shall be effective upon notice to User and Users continued use of the Services shall constitute Users acknowledgement of, and agreement to, be bound by such changes.
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