Terms and Conditions for Funky Finds

The following describe the terms and conditions (the "Terms of Use") on which we offer Account User and Website visitor user information, including the Intellectual Property (as defined below), services and products on our web site and the related web pages (collectively, the "Services") on Funky Finds.

This is an agreement between you and Funky Finds which governs your use of the Funky Finds website. Your use of this website, and/or any Services will constitute your acceptance of the Terms of Use. When you access or use the site in any way you agree to be bound by these Terms and Conditions.

We may reserve the right to change, modify, amend or restate the Terms and the contents of the site without notice. Please check these terms periodically for revisions. All amended terms become effective upon our posting to the site, and any use of the site after such revisions have been posted signifies your consent to the changes.

1. Use of this Web Site
You agree that you have read and agreed to be bound by the Terms of Use. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Services in accordance with the Terms of Use, not to use the Services for illegal purposes, and not to interfere or disrupt the networks connected to the Services.

2. Restrictions on Use
You may not use the Services for any illegal purposes or in any manner inconsistent with the Terms of Use. You agree to use the Services solely for your own commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree to promptly notify us upon becoming aware of any unauthorized access or use of the Services by any party or any claim that the Services infringes upon any copyright, trademark or other contractual, statutory or common law rights.

3. Further Restrictions on Use
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the service, except that you may download material from the service and/or make one print copy for your own personal, commercial use, provided that you retain all copyright and other proprietary notices.

You may not use the services in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of our trademarks, trade names or service marks in any manner, which creates the impression that such names and marks belong to or are associated with you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of these names and marks.

You will not use the services or the information contained therein in unsolicited mailings or spam material. You will not use any of our trademarks, trade names or service marks in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the services. You agree to comply with any other applicable terms and conditions.

4. Intellectual Property
This website contains material, which is derived in whole or in part from materials supplied by us and various other sources. This website, including but not limited to its text, logos, content, photographs, flash animations, video, audio and graphics (the "Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. If you would like to make copies and/or distribute certain information, please contact us at Handmade@FunkyFinds.com, or use our Contact Us link.

5. Rights Reserved
All present and future rights in and to the Intellectual Property and other proprietary rights of us of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services (the "Intellectual Property Rights") shall, as between you and us, at all times be and remain the sole and exclusive property of us. All present and future rights in and title to the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to us for our exclusive use. Except as specifically permitted by the Terms of Use, you may not copy or make any use of the Services or any portion thereof.

6. General Disclaimer
We are not responsible for any direct, indirect, incidental, consequential or any other damages arising out of or in connection with the use of this website or in reliance on the information available on the website. This includes any personal injury, business interruption, loss of use, lost data, lost profits, or any other pecuniary loss, whether in an action of contract, negligence, or other tortuous action, even if we have been informed of the possibility.

7. Content Disclaimer
We do not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the website or linked from the website. All information contained on this website has been obtained from sources believed by us to be accurate and reliable. The ads, press releases, event calendar listings, and newsletters are also provided by the identified organizations. We do not edit or control the information we receive, although it may note obvious errors that have been discovered. Due to the possibility of human and mechanical error, we are not responsible for any errors or omissions. All data regarding Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion.

Funky Finds reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the sites. Where appropriate, we will endeavor to update information listed on the website on a timely basis, but shall not be liable for any inaccuracies.

Links to external Internet sites are provided within the content on the site as a convenience to users. The listing of an external site does not imply endorsement of the site by Funky Finds. Funky Finds does not make any representations regarding the availability and performance of its website or any of the websites to which we provide links. When you click on advertiser banners or other external links from the site, your browser may automatically direct you to a new browser window that is not hosted or controlled by Funky Finds. Funky Finds is not responsible for the content, functionality, or technological safety of these external sites.

We reserve the right to disable links to or from third-party sites to our site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, which may use our marks as part of a co-branding relationship. Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the materials on our Site, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

8. Warranty Disclaimer
Any use of the Funky Finds site, reliance upon any materials, and any use of the Internet generally shall be at your sole risk. Funky Finds disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Funky Finds results. The site, including material and information therein is provided as is and as available without warranty of any kind, either expressed, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Funky Finds disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timelines, accuracy and performance of the site and materials. Funky Finds does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Funky Finds disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the site. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary depending on the state or jurisdiction.

9. Liability Disclaimer
The material provided on this website could include technical inaccuracies or typographical errors and the web site may be subject to periods of interruption. We may make changes or improvements at anytime.

10. Limitation of Liability
While we endeavor to maintain the highest professional quality of the Services we offer on our website, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the Services even if there is negligence by us or an authorized representative of us; user has been advised of the possibility of such damages. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. Our total liability to you for all losses, damages, and causes of action in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to us to access the Services.

In no event shall Funky Finds be liable to any user on account of such users use, misuse or reliance on the site for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Funky Finds are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the site, the materials or the Internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any site. Funky Finds does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the site or other material accessible from the site.

The user of this site assumes all responsibility and risk for the use of this site and the Internet generally.

The foregoing limitations shall apply, notwithstanding, any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

11. Indemnification
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, and its vendors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

12. Access Outside the United States
We make no representation that the materials provided at this website are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the Services from other locations, you are responsible for compliance with applicable local laws.

13. Miscellaneous
These Terms of Use will be governed and be interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding; any principles of conflicts of law and you hereby consent to the jurisdiction of such courts. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed sever able and will not affect the validity and enforceability of any remaining provisions.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If we ask a third party to provide Services through this website, the provisions of this agreement shall apply to your use of the Services, unless otherwise noted. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.

14. Access and Interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

15. Links
The Services display links to other websites that are not owned or maintained by us, which may contain information some people may find inappropriate or offensive. We will make every effort to review such websites and are not responsible for the content thereof. The inclusion of a link to such website does not imply endorsement by us. Viewing of any, website linked to the Services is at your own risk.

16. Policies Concerning Claims of Infringement
It is our policy to respond expeditiously upon receiving notice of claimed intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act 17 U.S.C. sec. 512, and other applicable intellectual property laws. All notices of copyright infringement should be sent to us at Handmade@funkyfinds.com, or use our Contact Us link. Notices of copyright infringement should contain the following information: - A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed. - Identification of the copyrighted work claimed to have been infringed. - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material. - The address, telephone number, or email address of the complaining party. - A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. - A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

17. User Submissions to the Website
The Services may include message systems, web logs (blogs) and/or forums, which may provide on-line participation by and interaction among users. All remarks, suggestions, ideas, graphics, or other information communicated to us through our services will become the property of us. Without limitation, we will have exclusive ownership of all present and future existing rights to the User Submission of every kind and nature everywhere. We will be entitled to use the User Submission for any purpose whatsoever (consistent with the Privacy Policy then in effect), without compensation to you or any other person sending the User Submission. We do have control of the postings of messages, information or files to web logs (blogs) and forums. Furthermore, we have no obligation to monitor web logs or forums or any other postings of User Submissions.

18.Security/No Disruption
You are responsible for all activities that occur under your passwords or account, and will keep your passwords confidential. You will immediately notify us of any unauthorized use of your passwords or account or any other breach of security. You will not disrupt the functioning of the Sites or the Services, solicit another users password, or otherwise act in a way that interferes with other users use of the Sites or the Services.

19. All Submissions Subject to Further Conditions
Your use of the Services and submission of material for publication on the pages of the website is conditioned on your adherence to the following policies: - You may not restrict or inhibit any other user from using or enjoying any of the Services. - You may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or racially, ethnically or otherwise objectionable material of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. - You may not post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by intellectual property rights. - You may not post or transmit any information, software or other material which contains a virus or other harmful component(s).

20. Listing and Advertising on Funky Finds
Funky Finds allows the listing and advertising of legitimate businesses, whether they are a Brick and Mortar or Home-Based establishment.

21. Non-Approved Countries
Funky Finds restricts access to certain countries due to either listings by U.S. government trade policies, or the country has a higher than normal fraud ratio. These restrictions are in place to safeguard Funky Finds as well as our valued members from charge backs and or fraud. Funky Finds reserves the right to update the non-approved countries list without prior notice. The following countries are currently prohibited from using the Funky Finds services: Afghanistan, Cuba, Indonesia, Iran, Iraq, Libya, Niger, Nigeria, North Korea, Romania, Syria, and Vietnam.

22. Deletions from Service
Funky Finds will delete any materials at the request of the user who submitted the materials. Funky Finds reserves the right to delete (or refuse posting capabilities to public forums) any materials it deems detrimental to the system, or in Funky Finds opinion, may be defamatory, infringing or in violation of applicable law. Funky Finds reserves the right to exclude material from the site. Materials submitted to Funky Finds for publication on the site may be edited for length, clarity and/or consistency with Funky Finds editorial standards. Listings with delinquent payments are deleted from the Funky Finds database.

23. No Endorsements Made by Funky Finds
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the website and or web pages. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party regarding the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information offered in or in connection with Funky Finds.

24. Third Party Sites
Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the site, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing this site. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Site.

25. Monitoring of Materials Transmitted by You
Changes may be periodically incorporated into this site. Funky Finds may make improvements and/or changes in the products, services and/or programs described in these sites and the materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to this site. However, anyone using this site agrees that Funky Finds may monitor the site contents periodically to (1) comply with any necessary laws, regulations or other governmental requests, (2) to operate the site properly or to protect itself and its users. Funky Finds reserves the right to modify, reject or eliminate any material residing on or transmitted to its site that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.