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fubar Terms of Use

Updated March 27, 2023

Please carefully read these Terms of Use ("Terms" or "Agreement") of fubar, a Social Concepts, Inc. company ("fubar" or "we" or "us") and the Privacy Policy, which is incorporated into these Terms by this reference. fubar is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends and play online games together to earn virtual prizes. These Terms apply to your use of fubar’s online and mobile applications, services and our website at fubar.com (collectively, the "Services"). "You" (or "User") means the individual accessing or utilizing the Services.

TO USE THE SERVICES, YOU MUST BE 18 YEARS OF AGE OR OLDER.


ARBITRATION NOTICE: PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FUBAR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.


AUTO-RENEWAL NOTICE: SOME OF FUBAR’S SUBSCRIPTIONS FOR SERVICES ARE AUTO-RENEWING ON A RECURRING BASIS.  THIS MEANS THAT WE WILL BILL THE PAYMENT METHOD THAT YOU PROVIDE TO US UPON YOUR INITIAL PURCHASE AND ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR RECURRING SUBSCRIPTION PLANS, YOU AUTHORIZE RECURRING CHARGES TO YOUR PAYMENT METHOD.  Please see other terms below in the "Fees and Payment Terms" section below regarding your subscription to the Services, including with regard to terminating your subscription.

fubar reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. If we make material changes to these Terms, we will notify you here, by email or by means of a notice on our home page. The date of the last update of the Terms is indicated at the top of these Terms.

Because we have a growing number of Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services.



About fubar

fubar is an online service that allows our members to set up unique personal profiles that can be linked together through networks of friends. fubar members can view each others’ profiles, play online games with each other, communicate with old friends and meet new friends on the Services, share photos, post journals and comments, and describe their interests. To enrich our members’ experience, we request and display some personal information to other members and visitors, which allows our users to identify each other and expand their network of friends. fubar members can change their profile information at any time and can control how other members and the service communicates with them.


Eligibility

Membership in the Service is void where prohibited. By using the Services, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the Services will not violate any applicable law, rule or regulation. Your profile may be deleted without warning if we have reason to believe that you are misrepresenting your age. Your membership is solely for your personal use, and you may not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.

Offline Events

By participating in any offline fubar event, whether organized by fubar or a fubar member, you agree to release and hold fubar harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline fubar event.

Privacy and Data Security

Please refer to fubar’s Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, you must safeguard your credentials. Please let us know immediately if you suspect that your credentials have been compromised. Please do not send us any sensitive personal information.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Content

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to fubar and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without fubar’s express prior written consent.

The fubar name, the fubar logo, and all other related names and logos are trademarks or registered trademarks of fubar.  All other names, game names, and logos on the Services are trademarks or registered trademarks of their respective owners, where applicable.  Reference to any third party-owned trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship or endorsement by any owners of such third party-owned trademarks. 

User Submissions, Feedback and Information

You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, "Submissions") is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms. Submissions that constitute feedback, comments or suggestions (collectively, "Feedback") will be the sole and exclusive property of fubar and you hereby irrevocably assign to us all of your right, title and interest in and to all such Feedback, and fubar shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Feedback in any manner it chooses.   With respect to all other non-Feedback Submissions, you hereby grant fubar an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms.

You may not create, post, store or share any Submissions that violate these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that: (i) you own the Submissions posted by you on the Services or otherwise have the right to grant the license set forth in this section, and (ii) your Submissions do not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Submission you post on the Services. Although we have no obligation to screen, edit or monitor Submissions, we may delete or remove Submissions at any time and for any reason with or without notice.

Please choose carefully the information you post on fubar and that you provide to other members.  Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other fubar members (for instance, in their profile) may contain inaccurate, inappropriate or offensive material, products or services, and fubar assumes no responsibility or liability for this material. fubar reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

Your Use of the Services

The Services are for the personal use of fubar members and may not be used for any commercial purpose. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Content is not permitted and will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of your membership.

In connection with your use of the Services, you agree that you will not:

  • post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances; (h) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (i) promotes information that you know is false or misleading; (j) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (k) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (m) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (n) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • infringe, misappropriate or violate Fubar’ or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  • interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • "scrape", "crawl" or "spider" any web pages or other services contained in the Services;
  • display, mirror or frame the Services, or any individual element within the Services, Fubar’ name, any Fubar trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Fubar’ express written consent;
  • access, tamper with, or use non-public areas of the Services, Fubar’ computer systems, or the technical delivery systems of Fubar’ providers, including games providers;
  • attempt to probe, scan, or test the vulnerability of any Fubar system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fubar or any of Fubar’ providers or any other third party (including another user) to protect the Services or any of the content on the Services;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise;
  • cover or obscure the banner advertisements on your personal profile page, or any fubar page via HTML/CSS or any other means;
  • use the account, username, or password of another member at any time or disclose your password to any third party or permit any third party to access your account;
  • sell or otherwise transfer your profile; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.



Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.

We may actively monitor the use of the Services (but have no obligation to do so), for a wide variety of different purposes, including preventing cheating and hacking, reducing toxic member behavior, and improving the Services. Please be sure to read our Privacy Policy for important details about how we obtain and process personal information in connection with your use of the Services.

fubar reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which fubar deems appropriate in its sole discretion.

Fubar reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Fees and Payment Terms

Some features on the Services require the payment of a fee, such as the purchase of coins and subscriptions and to advance in games. You agree that you’ll provide accurate and complete payment information to us or the third-party payment provider used by us. You further agree to pay all fees and applicable taxes incurred on your account. We may revise the pricing for any part of the Services at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on our websites or applications. If you fail to pay any fees you owe to us or we have to refund someone due to unauthorized use of a payment made from your account, we may suspend or terminate your account.

Subject to applicable law, any applicable fees and other charges for fee-based Services are payable in advance and are not refundable in whole or in part except as expressly provided in these Terms.

Coins purchased on the Services have no cash value. fubar can expire your coins one year after their purchase, or if you received coins for free, one year after such receipt. Please use your coins within one year of purchase or receipt without purchase. fubar will use commercially reasonable efforts to notify users of any unused coins in their account before they expire. Subject to applicable law, fubar will have no liability for unused coins remaining in a user’s account one year after purchase or receipt without purchase. Subject to applicable law, there are no refunds for expired coins. We may offer subscription plans for the use of our Services. You will be presented with the subscription options and features, the amount of the associated fees, and whether the subscription is recurring prior to processing the transaction.

Fees for some of our subscription plans are auto-renewing on a recurring basis. You hereby authorize recurring charges to the payment method that you provide to us. We will bill your payment method upon your initial purchase (or at the end of a free trial if applicable) and on a recurring basis at the beginning of your new renewal period. You agree that fubar will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under these Terms. You are responsible for letting us know immediately if you suspect any unauthorized use of your payment card or login credentials. You may cancel your recurring subscription at any time by editing your user choices associated with your account profile (i.e., toggling to "off" the selection for auto-renewal).

fubar uses third parties not affiliated with us to process payments. fubar’s relationship with such third parties is contractual in nature, as each such third party is a third-party vendor to fubar, and they are not subject to fubar’s direction or control; thus, the relationships are not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like. You agree that the third party processors are solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems.  You may be subject to additional terms of use and/or privacy policies of the third party processor when you purchase our Services.

From time to time we may offer free trials to, or introductory pricing for, the Services. These offers are available to you only if you have not previously been a subscriber to subscriber content. If you respond to a free trial or introductory pricing offer but do not qualify, we reserve the right to reject your order.

You agree to keep your account and payment information current at all times.  To make changes to your payment or account information, please contact us at support@fubar.com or make changes in your account settings. 

Copyright Policy

We do not permit copyright infringing activities or infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • description of the copyrighted work that you claim has been infringed;
  • description of the material that you claim is infringing and where it is located on the Services;
  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • 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;
  • 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.

You can contact our Copyright Agent via email at copyright@fubar.com or by mail at Copyright Agent, c/o Social Concepts, Inc.,50 Woodside Plaza #433, Redwood City, CA 94061.

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

Linked Sites

Our Services may contain links to other websites for your convenience or information. Third party websites and platforms are not under fubar’s control, and fubar is not responsible for and does not endorse the content or privacy practices of any such third party’s websites or applications. Linked websites may have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit the websites.

We operate social media pages on third party networks. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms and conditions and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend (if requested by fubar), and hold harmless fubar, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the "fubar Parties") from and against any and all losses, liabilities, claims, demands, damages, judgments, investigations, fines, penalties, settlements, interest, expenses (including attorneys’ fees), or other costs (collectively, "Claims") that directly or indirectly arise from or are related to any claim, suit, action, demand or proceeding made or brought against any of the fubar Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (a) your access to or use of our Services, or your conduct or activities in connection with the Services, (b) your Submissions, Feedback or other user content; (c) your violation or alleged violation of these Terms; (d) your violation or alleged violation of any laws, rules, regulations, orders, codes, statutes or ordinances of any governmental or quasi-governmental authorities in connection with your use of our Services or your conduct in connection with our Services; (e) information or material transmitted through you or through your account or devices, even if not submitted by you, that violates, infringes, or misappropriates the rights of another (including but not limited to intellectual property rights, publicity or privacy rights); or (f) any misrepresentation made by you. You agree to promptly notify the fubar Parties of any third-party Claims, cooperate with the applicable fubar Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims. Notwithstanding the foregoing, the fubar Parties retain the right to assume the exclusive defense and control of any Claims and have the exclusive right to settle such Claims. You will not settle any Claims without, in each instance, the prior written consent of the relevant fubar Party. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and fubar or the other fubar Parties.

Disclaimer

THE SERVICES AND ALL GAMES AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE." YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY THIRD PARTY SITES AND PLATFORMS, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF SERVICES. FUBAR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. FUBAR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE FUBAR PARTIES BE RESPONSIBLE OR LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, UNLESS OTHERWISE SPECIFIED IN WRITING BY FUBAR. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES GIVING RISE TO SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THE FUBAR PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, ANY OF THE FUBAR PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO THESE TERMS OR YOUR USE OF THE SERVICES, THE TOTAL AGGREGATE LIABILITY OF THE FUBAR PARTIES FOR ANY AND ALL SUCH CLAIMS, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, IF ANY, TO USE OUR SERVICES HEREUNDER DURING THE TERM OF YOUR MEMBERSHIP.

BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Term and Termination

These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATIONS, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or email, a fake name or email, or a borrowed name or email, or the name or email of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

You also agree that any violation by you of these Terms will cause irreparable harm to fubar for which monetary damages would be inadequate, and you consent to Fubar obtaining any injunctive or equitable relief that Fubar deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies fubar may have at law or in equity.

Governing Law

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FUBAR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and the use of the Services (collectively, "Disputes"), shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

The location of the arbitration shall be in Redwood City, California.

Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Santa Clara County, California for the purpose of litigating all such disputes. You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

Users Outside of the United States

Although the fubar website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

When you access or use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms, together with our Privacy Policy and any other legal notices published by fubar, constitute the entire agreement between you and fubar with regard to your use of the Services.

fubar’s failure to insist on or enforce strict performance of these Terms shall not be deemed a waiver by fubar of any provision or any right it has to enforce these Terms. Any such waiver must be in writing in order to be effective. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

No joint venture, partnership, employment, or agency relationship exists between Customer and fubar as a result of this Agreement or use of the Services.

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Fubar may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of fubar or to another third party in the event that some or all of the business of Fubar is transferred to such other third party by way of merger, sale of its assets or otherwise.

Canada

The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

Please contact us if you have any questions about these Terms. You may contact us by sending correspondence to Social Concepts, Inc., 50 Woodside Plaza #433, Redwood City, CA 94061, or by emailing us at support@fubar.com.

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