FoonzSM Terms of Service
We're glad you've chosen to join our Foonz SM Service, where you can talk with a group of your friends, all at once.
Just like other services you use, we have certain rules for how we do business, and how all the members of the Foonz community should act. It looks like a lot of fine print – and it is – but it's all about protecting both of us. We want you to feel great about connecting with your friends, so the following terms and conditions govern your use of any Foonz Service.
This Is An Agreement Between You and Us
We are RPM Communications, Inc., the owners and operators of the Foonz Service. And whenever we mention “we,” “us,” “our,” or any similar term, we are talking about ourselves. You are, well, you – anyone who decides to use any of the Foonz Services. So please read these carefully – this is a legal agreement between you and us.
You Agree to these Terms of Service To Use Any Foonz Services
By registering or using any of the Foonz Services, you agree to be bound by and comply with these terms and conditions (the "Terms of Service"). You also agree to the Foonz Privacy Policy which is incorporated in and subject to these Terms of Service. We make sure of this when you sign up – you can't create a Foonz account unless you agree. And every time you use any Foonz Service, you are agreeing to the then-current Terms of Service. Of course, if you don't agree with these Terms of Service, you can stop using the Foonz Service. But we sure hope that doesn't happen!
Foonz Services
We provide you with a lot – a web site at www.foonz.com, a phone conferencing service, and some community services – and we call these the Foonz Services. All of the things we've done to make this a great place to join – features, software, tools, sounds, and content in the Foonz Arcade™ area, plus anything else we come up with that provides you with something to do while you are online at foonz.com or on the phone using the Foonz service, that are also part of the Foonz Services. We are talking about all of these in these Terms of Service.
We May Change These Terms of Service
Like you change your screen name or your mobile phone, sometimes we have to change these Terms of Service. We don't want to do it often, but we can when we need to without notice to you. Any changes we make are effective immediately when we post them on this site. When you use any Foonz Service, you are agreeing to the posted Terms of Service. If we make any BIG changes (our lawyers call it a "material change"), we will use reasonable efforts to provide you with at least 30 days notice before they are put into effect. And if you don't agree with our changes, you can stop using the Foonz Service. But at least let us know before you do! You can always contact us.
Requirements to Register, Use, or Continue Using Foonz Services
We have created Foonz for everyone over the age of 13 to use. Since we don't know you personally, and we probably won't get a chance to meet you, we have to trust you. By registering, using, or continuing to use any Foonz Services, you are promising us that you are legally able to enter into a contract like these Terms of Service. We require some information about you when you register – things like your name, your e-mail address, your IM screen name, your zip code, your gender, and your date of birth. We call this your Profile Information. You agree that all your Profile Information is true and accurate, and that you will keep it current and up-to-date. You also agree that you won't use anyone else's information when you use any Foonz Service.
Your Profile Information
Your privacy is important to you and to us. The Foonz Privacy Policy tells you how we collect, use, and store your Profile Information. You agree to Foonz and its affiliates collecting, using, and storing your Personal Information – that is, your Profile Information and any other information we collect about you and your use of the Foonz Services under these Terms of Service and the Foonz Privacy Policy.
We will use reasonable care to protect your privacy. Sometimes we need to move your Personal Information around so we can validate your account or connect you with your friends. In order to do this, we may transfer your Personal Information to any of our locations, and we may transfer it to any of our affiliates or vendors who have agreed to protect your Personal Information as well as we do. Sometimes we may also use your Personal Information to improve the Foonz Services or to help you take advantage of more Foonz Services.
You Agree that Foonz Can Contact You Electronically as You Have Directed in Your Profile
When you set up your account and profile, you must tell us how we can contact you – by email, by text message, or by instant message – and you agree that we may contact you this way when we need to tell you something. We are an online business, and we will communicate with you electronically. WHEN YOU REGISTER, USE, OR CONTINUE TO USE THE FOONZ SERVICE, YOU AGREE THAT YOU WILL RECEIVE ANY NOTICES, AGREEMENTS, REPORTS, INFORMATION, DOCUMENTS, COMMUNICATIONS, DISCLOSURES, OR ANY OTHER INFORMATION OR RECORDS ("NOTICES") ELECTRONICALLY, AND YOU CONSENT TO THEIR DELIVERY. You agree that we can send you Notices by email at the address you gave us during registration or updated later by any mechanism whatsoever; by posting Notices on a home, splash, or welcoming page, pop-up, interstitial or banner window; by posting on the Foonz Service, or by text message. The delivery of any Notice from us is effective when we send it, regardless of when or whether you read the Notice or actually receive delivery of the Notice. The only way you can withdraw your consent to receiving Notices is to terminate your use of the Foonz Services.
You Have Responsibilities, Too.
We aren't the only ones who have responsibilities. You have some, too. You agree that only you will use your Foonz account, so you agree not to share your Profile Information with anyone else. And if someone else gets your Profile Information, you agree to indemnify and hold harmless RPM Communications, Inc., and any of its affiliates, for any losses we or anyone else incurs as a result of your failure to follow these Terms of Service. You are also responsible for all of your activities relating to any Foonz Service, including anything you say, or any materials you post or make available on, any Foonz Services while you are using any Foonz Services. Remember – this should be fun for everyone!
You are also responsible for your own charges for using any Foonz Services. The Foonz Services are free to use, but in order to use them, you'll need a telephone, and you'll probably want a computer with Internet access. You are responsible for any telephone or communications charges you incur, or any computer hardware or software you require, or any other charges from anyone else. You may be accessing your Foonz account by a long distance number, and this call may be subject to long distance or other toll charges by your telephone carrier – you should check with your carrier to be sure, because any such charges are your responsibility. Your carrier may also charge you service fees for text messages, alerts, instant messages, web browsing, and emails. If your carrier is a wireless carrier, they may also charge you for airtime while you use the Foonz Services. All of these charges are your responsibility, so you should check with your carrier to make sure you understand and can pay for any charges that apply to you.
You May Only Use the Foonz Services for Lawful Purposes
We provide the Foonz Services so you can talk with your friends in a fun and carefree environment. So, it's important that we all treat each other with respect. One important thing that means is that you can only use the Foonz Services for lawful purposes. You may not say or post online, or promote through the Foonz community, any material which (a) violates or infringes in any way upon the rights of others, (b) is unlawful, threatening, harmful, harassing, abusive, defamatory, invasive of privacy or publicity rights, (c) is vulgar, obscene, hateful, profane, indecent, or racially, ethnically or otherwise objectionable, (d) promotes, encourages, solicits, commits, or condones conduct which constitute a criminal or civil offense, (e) creates upon you a civil or criminal liability, or (f) in any other way violates any law. And even if it's not against the law, you may not undertake or encourage any conduct that, in our sole opinion, abuses, limits, restricts, inhibits, or in any way impacts any other user from using or enjoying any of the Foonz Services.
You May Not Send Spam, Bulk Text Messages, Bulk Email Messages, or Bulk Instant Messages
You may not use any of the Foonz Services to send, upload, post, email or otherwise transmit spam – that is, unsolicited bulk communications – nor may you authorize others to use your Foonz account to do so. Likewise, you may not use any Foonz Services to transmit any unauthorized advertising, chain letters, junk mail, pyramid schemes or any other form of solicitation. Furthermore, you may not gather any information about other Foonz users and use that information for the purpose of sending unsolicited bulk communications, nor for any communications in violation of these Terms of Service.
Foonz Content is Only For Your Personal Use
When you are in the Foonz Arcade area, or in any other area of the Foonz site, you'll be able to enjoy a wide variety of Content, including information, games, music, and other materials, owned by Foonz, its affiliates, or other members of the Foonz community. This Content is protected by copyright, trademark, patent, trade secret, and other laws and proprietary rights, and you agree that you will use the Content only for your own personal, non-commercial use.
Content You Share is Yours
We encourage you to talk often and freely using the Foonz Service. Whatever you contribute may be made available to other members of the Foonz community. You (or the owner of any Content, if not you) retain ownership of all rights, title, and interest in any Content you share with others using any Foonz Service. By sharing any Content, you are promising us that you own all the rights to the Content (or at least that you are authorized to use and distribute it) and that the Content does not and will not infringe on any copyright or other rights that someone else might have.
You Don't Expect Us to Monitor What You and Others are Saying
We don't monitor what you or any members of the Foonz community say when you are online. And you agree that you don't expect us to monitor, either. But we do reserve the right to listen in if we need to, for any reason. Under such circumstances, you acknowledge and consent to our monitoring your communications (including their content) during transmission and other use of the Foonz Services. If we do, we will follow the Foonz Privacy Policy. And we are not liable in any way for what you or others in the Foonz community are saying.
We May Change the Foonz Services, and Sometimes the Foonz Services May not Be Available
We may change the Foonz Services at any time, for any reason. We try to keep the Foonz Services up and running all the time, but we don't guarantee it … we just promise to do our best to make Foonz available to you when you want it.
We Only Provide Limited Support
Your use of the Foonz Service is at your own risk, and we will provide you with support through the help menus available while online or through the Foonz web site. We will work hard to make the Foonz Service fun and easy to use, but we are not obligated to provide you with any bug fixes or corrections, or any updates, upgrades, or enhancements to the Foonz Service.
No One Under 13 Is Permitted To Use Any Foonz Services
Foonz Services are designed for a general audience, and children under the age of thirteen are not permitted to register an account.
License To Posted Content
For materials or other information, you post or otherwise provide through the Foonz community, you grant us the perpetual, irrevocable, nonexclusive and fully sublicensable right to use, copy, distribute, transmit, publicly display, reproduce, edit, modify, translate and reformat your content, create derivative works from, perform such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Security
You agree not to violate or attempt to violate the security for the Foonz Service. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You may not use the Foonz Services in any manner that could overburden, or impair the Foonz Services (or the networks or systems connected to any Foonz site). You may not use any device, software or instrumentality to interfere with the proper working of any Foonz Service.
Links
The Foonz Services may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites or resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible for any content, advertising, products or other materials on or available from such sites or resources.
No Third Party Beneficiaries
This Terms of Service agreement does not create, and you expressly disclaim, any third-party beneficiary relationships.
Third Party Services
We use third-party services to fulfill some of the Foonz Services we make available to you under these Terms of Service. We do not endorse and are not responsible for any services provided by such third-party providers.
Legal Notices
We post legal notices and various credits on pages of the Foonz site, which may not be removed even on your permitted copy. The availability of any contents through any Foonz Services shall under no circumstance constitute a transfer of copyrights, trademarks or other intellectual property rights. All rights not expressly granted are reserved.
Modifications to Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Foonz Services (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Foonz Services.
Trademark Information
Foonz is a service mark of RPM Communications, Inc. You agree not to display or use in any manner the Foonz mark without our prior permission.
Termination of Services
We have the right to terminate your account, your use of the Foonz Services, your license to use the Foonz Services, and/or your access to the Foonz Services at any time for any reason, without limitation, if we, in our sole discretion, determine your use to be in breach of these Terms of Service or any other agreement you have with us (either directly or indirectly), unlawful, unethical, threatening, or in any other way unacceptable, or if your account remains inactive for more than six (6) months. We may provide you a warning or warnings prior to terminating your use of the Foonz Services, but we are under no obligation to do so.
Other Services We Provide
We may, from time to time, offer additional services, for a charge, or for no charge, which we call Premium Services. You agree that your purchase of, subscription to, or use of Premium Services will be subject to additional terms and conditions which will be in addition to the terms which are included in this Terms of Service.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE FOONZ SERVICE OR ANY OTHER SERVICE OFFERED BY US IS AT YOUR SOLE RISK. WE PROVIDE THE FOONZ SERVICE AND ALL OTHER SERVICES “AS IS,” “WHEN AND AS AVAILABLE,” AND “WITH ALL FAULTS” FOR YOUR USE AS AN END CONSUMER WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY, OR IMPLIED, UNLESS SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION AND, IN SUCH CASE, ONLY TO THAT EXTENT THAT SUCH WARRANTIES ARE LEGALLY REQUIRED. WE SPECIFICALLY DISCLAIM IMPLIED WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE FOONZ SERVICES ARE MERCHANTABLE, ACCURATE, ERROR FREE, RELIABLE, FIT FOR ANY PARTICULAR USE, FUNCTION, OR NEED, OR NON-INFRINGING, OR ANY WARRANTY OF TITLE, CUSTOM, TRADE, QUIET ENJOYMENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE FOONZ SERVICES WILL MEET YOUR NEEDS OR THAT THEY WILL BE AVAILABLE, RELIABLE, UNINTERRRUPTED, SECURE, OR ERROR FREE, OR THAT WE WILL CORRECT ANY ERRORS THAT ARE DISCOVERED, REGARDLESS OF WHO DISCOVERS THEM. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE FOONZ SERVICES, OR THE DOCUMENTATION OR HELP THAT WE PROVIDE, REGARDLESS OF SOURCE, WILL BE CORRECT, COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE. WE PROVIDE THE FOONZ SERVICES ON A COMMERCIALLY REASONABLE BASIS, AND WE DO NOT PROVIDE ANY GUARANTEE THAT THE FOONZ SERVICES WILL BE ACCESSIBLE, ACCURATE, OR HAVE APPROPRIATE CAPACITY OR CAPABILITY FOR THE SERVICES AT ANY PARTICULAR TIME OR LOCATION.
LIMITATION OF LIABILITY
OUR ENTIRE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR ACTION WITH US, IS TO DISCONTINUE YOUR USE OF THE FOONZ SERVICE. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHICH ARISE FROM YOUR USE OR ATTEMPT TO USE ANY OF THE FOONZ SERVICES OR FOR ANY CLAIM WHATSOEVER RELATED TO YOUR USE OR ATTEMPT TO USE ANY OF THE FOONZ SERVICES. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER OR TELEPHONE FAILURE OR MALFUNCTION, WORK STOPPAGE, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH AND WITHOUT REGARD TO WHICH LEGAL OR EQUITABLE THEORY UPON WHICH ANY CLAIM IS BASED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY GOVERNING LAW.
Indemnification
You agree to hold harmless, defend, and indemnify us and all our directors, officers, employees, and agents from and against any claims and expenses, including attorneys' fees, arising out of or related to your use of the Foonz Service, including any claims relating to content you submit, post or transmit through the Foonz Services, your violations of these Terms of Service, or your violations of any rights of another. We reserve the right, at our sole expense and discretion, to assume exclusive control of the defense and/or mitigation of any matter otherwise subject to indemnification by you, and only in this event will you have no further obligation to provide indemnification to us for that matter.
This Is The Entire Agreement Between Us
These Terms of Service, together with the Privacy Policy and any other rules for the operation of the Foonz Service which are communicated from time to time constitute the entire agreement between you and us regarding the subject matter of these Terms of Service, and supersede all prior agreements, whether written or oral. In the event of any disagreement between these Terms of Service or any other terms of use or operating rules for any Foonz Service, these Terms of Service shall prevail. These Terms of Service shall be governed by and construed according to the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service or your use of the Foonz Service shall reside in the courts located in Boston, Massachusetts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. Depending on the laws your jurisdiction, the foregoing provision may not apply to you. Should any part of these Terms of Service be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms of Service had been eliminated. No waiver by us of any breach or default hereunder shall be considered a waiver of any other such breach or default, regardless of when it occurs. You agree that regardless of any statute or law to the contrary, any claim or cause of action you allege arising out of or related to use of any Foonz Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings used herein are for convenience only, and shall not be considered to have any legal authority.
Notices And Procedures For Making Claims Of Copyright Infringement
Pursuant to Section 512(c)(2) of the Copyright Act, notifications of claimed copyright infringement should be sent only to our Designated Agent. Written notification must be sent to: The Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801.