international version:



photofunny.net is a registered and administered by:
FOTOEFECTOS TECHNOLOGIES S.L.
Número de identificación fiscal: B65711780,
Domicilio: C/ Francesc Layret 82
08940 Cornellá de Llobregat, Barcelona, España. PRIVACY POLICY
The use of the photofunny.net website(s) and/or photofunny.net software and any photofunny.net services and products (collectively, the "Website") provided by photofunny.net are subject to the provisions of this Privacy Policy, including any amendments or updates hereto. If you do not agree to this Privacy Policy, please do not use the Website.

General

photofunny.net.com takes your privacy seriously. We gather certain types of information about our users and we want to help you understand the terms related to the collection and use of the information which we collect. This Privacy Policy discloses the types of information we gather, how we use it, and what choices you have regarding the collection of such information.

BY USING, ACCESSING OR DOWNLOADING THE WEBSITE), YOU AGREE TO THE COLLECTION AND USE OF YOUR PERSONAL INFORMATION (AS HEREUNDER DESCRIBED), ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET HEREUNDER. photofunny.net reserves the right to amend this Privacy Policy at any time and without notice, and it is your responsibility to review this Privacy Policy for any changes. Your use of the Website following any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms.

If you are under the age of 13, you are not eligible to use the Website, and we ask you not to submit any personal information to us.

Please note that any image or other content posted at the direction of users onto the photofunny.net website becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Collection of Information Personal Information. Use of certain features of the Website may require submission of certain personal information, including your first and last name, email address, a nickname (or other user ID) and a password.

Non personally identifiable Information. photofunny.net may also collect or receive additional non-personally identifiable usage information specifically related to the use of a particular feature or offering on the Website, and responses to the offerings and advertisements presented on the Website.

photofunny.net.com may also collect or receive (in some cases as part of the internet communication protocol) certain non-personally identifiable technical information, when the Website and pages are visited or when a photofunny.net client is used.

How is the information being used?

The information is used to operate and improve the features, offerings and content presented to you by photofunny.net, to personalize the content and advertisements provided to you; to fulfill your requests for products, programs, and services; to communicate with you and respond to your inquiries; to conduct research about your use of the Website; and to help offer you other products, programs, or services that may be of interest.

Please note that photofunny.net may use your personally identifiable information to present offers to you on behalf of business partners and advertisers. However, while photofunny.net’s business partners and advertisers may receive aggregate data about photofunny.net users, any personally identifiable information of yours will not be shared with third parties unless you have consented to the sharing of this information. Notwithstanding the foregoing, your information may be accessed and disclosed if and as required by legal procedures, as determined by photofunny.net in good faith. Furthermore, photofunny.net may transfer personally identifiable information in the event of a transfer of ownership of photofunny.net or any of its websites or products, in which case the information could become subject to a different privacy policy.

Cookies

photofunny.net.com may use cookies or similar technologies to enhance and personalize your experience of the Website, including to operate and improve offerings through the Website; to help authenticate your identity when you visit and transact with the Website; to remember your preferences and registration information; to present and help measure and research the effectiveness of the various offerings, advertisements, and e-mail communications (by determining which e-mails you open and act upon); and to customize the content and advertisements provided to you.

photofunny.net.com does not require that you accept cookies, and you may disable cookies at any time. However, some functionality of our Website may be impaired if you decline to accept cookies.

Third Party Ad Servers

photofunny.net.com or its advertisers may use other companies known as third party ad servers to help present advertisements online in connection with the Website. These third party ad servers may use cookies or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies, not photofunny.net's.

Google, as a third party vendor, uses cookies to serve ads on your site.

Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.

Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

Security

photofunny.net.com has implemented security policies, rules and technical measures to protect and safeguard the personally identifiable information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our personnel that have access to, and are associated with the processing of your personally identifiable information, are obligated to respect the confidentiality of the information.

Privacy Policy

photofunny.net.com's Privacy Policy is to share personal information only with the owner's informed consent. With your consent, from time-to-time, photofunny.net may provide its business partners with contact details for direct marketing purposes of relevant services, products, and programs. If you no longer wish your information to be shared, please let us know. If you have further inquires regarding photofunny.net's information sharing practices, please let us know at .

Special Note for Parents

Protecting the privacy of young children is especially important. For that reason, photofunny.net does not knowingly collect or maintain personally identifiable information on the Website from persons under 13 years of age, and no part of our Website is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Website at any time or in any manner. If photofunny.net learns that personally identifiable information of persons under 13 years of age has been collected on the Website without verified parental consent, then photofunny.net will take the appropriate steps to delete this information.

Modification and Deletion of Personally Identifiable Information

Deletion (Opt-Out). In order to delete the personally identifiable information you submitted, notify us at that you wish to delete your personally identifiable information or any part thereof contained at our databases.

Modification. If you wish to modify or update your personally identifiable information, use the Website or application interface. If you need help, please contact us at . Please note that deletion of your personally identifiable information from photofunny.net's database will not prevent photofunny.net from using gathered anonymous information.

Third Parties' Practices. This Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other web sites, or companies/people that photofunny.net does not own or control, or does not employ or manage. See also, "Third Party Ad Servers."






TERMS OF USE
photofunny.net.com ("photofunny.net") creates, produces and distributes entertainment content (as used herein, "Content" shall include, without limitation, audio, visual, audiovisual, text and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise); and (ii) offers users the opportunity to participate in community media applications by submitting (e.g., "uploading") content wholly- owned and/or controlled by such users (the "User Materials," as further defined below) to websites owned, controlled, operated or hosted (whether now or in the future) by photofunny.net and/or its corporate affiliates, including but not limited to the photofunny.net.com website (collectively the "photofunny.net Sites") so that such User Materials can be distributed to the general public via the photofunny.net Sites and any licensees or sublicensees thereof (collectively, the "photofunny.net Services").

These Terms of Service (this "Agreement") set forth certain terms and conditions of the legal contract between you ("User") and photofunny.net with respect to User’s use of the photofunny.net Sites and photofunny.net Services, whether as an unregistered visitor (“Visitor”), a free account holder (“Registered User”), or a paying customer ("Member"). By using any of the photofunny.net Sites or photofunny.net Services, User agrees to be also bound by the photofunny.net Privacy Policy and the Legal Notices.

1. TERM/FEES:

This Agreement shall remain in full force and effect for as long as User uses any of the photofunny.net Sites or photofunny.net Services, whether as a Visitor, Registered User or Member (“Term”). User may terminate his/her free account or membership at any time, for any reason by requesting it by email to using the registered email. photofunny.net may terminate your free account or membership at any time, for any reason, effective immediately upon sending notice to you at the email address you provide during the account set-up process, or such other email address as you may subsequently provide to photofunny.net. If photofunny.net terminates User's free account or membership in the Service due to a breach of this Agreement, User shall not be entitled to the refund of any unused portion of membership fees (if any). Even after the free account and/or membership is terminated, this Agreement will remain in full force and effect, provided, however, that User Materials submitted by User may no longer be accessible on the photofunny.net Sites once User’s account has been cancelled. Notwithstanding the foregoing, User acknowledges that once User Materials are integrated into a photofunny.net production (e.g., photos, audio files or videos integrated within an animation, promotion, video or any photofunny.net production, regardless of media format), all of the licenses for such materials, as granted in Sections 6 and 7 of this Agreement, shall extend in perpetuity. By using the Service and/or by becoming a Registered User and/or Member, User acknowledges that photofunny.net reserves the right to charge for the photofunny.net Services and has the right to terminate a Registered User’s account or Member's membership should User breach this Agreement or fail to pay for the Service, as required by this Agreement. photofunny.net's subscription fees at registration (if any) may change from time to time.

2. ELIGIBILITY:

Usage of the Service as a Visitor, Registered User or Member is void where prohibited. By using the photofunny.net Services, User represents and warrants that all registration information submitted directly or via third-party sign-on service (e.g., Facebook Connect) is truthful and accurate and User agrees to maintain the accuracy of such information. User further represents and warrants that User is 14 years of age or older and that User's use of the photofunny.net Sites and photofunny.net Services does not violate any applicable law or regulation. Users’ account information and data may be deleted without warning if it is found that User is misrepresenting his/her age or any other account and/or membership data. Usage of the photofunny.net Sites and photofunny.net Services is solely for personal use, corporate or commercial use is expressly prohibited, and User shall not authorize others to use his/her account, including profile or email address. User is solely responsible for all content (including, without limitation, User Materials) published or displayed through User's account or otherwise on the photofunny.net sites, including any email messages, and for User's interactions with other Visitors, Registered Users, and/or Members.

3. USER CONDUCT:

User agrees to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, User agrees not to: (a) violate any applicable law or regulation, (b) submit any materials that conflict with any of User’s representations and warranties set forth in Section 11 of this Agreement, (c) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity and/or contractual rights, (d) use any content or information available on the photofunny.net Sites or through the photofunny.net Services for any unauthorized purpose, (e) interfere with or damage any of the photofunny.net Sites or photofunny.net 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, (f) use any of the photofunny.net Sites or photofunny.net Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or account numbers, or any defamatory materials of any kind, except where User has obtained express permission from such other person or entity in connection with any of the foregoing, (g) use any of the photofunny.net Sites or photofunny.net Services in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements, (h) "stalk" or harass any other user of the photofunny.net Sites or photofunny.net Services, (i) collect or store any information about any other user other than in the course of the permitted use of the photofunny.net Sites and photofunny.net Services, (j) use any of the photofunny.net Sites or photofunny.net Services for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell or otherwise exploit any product or service), (k) sell or otherwise transfer any User information (e.g., user profiles) or other user's User Materials); or (l) assist any third party in doing any of the foregoing. photofunny.net may terminate the accounts and/or memberships of Users who violate the foregoing, and may prohibit them from creating new accounts with photofunny.net. For any Users who photofunny.net determines, in its sole discretion, are repeat infringers of third-party intellectual property rights, photofunny.net will terminate their accounts and/or memberships, as the case may be, and prohibit them from creating new accounts with photofunny.net. User is solely responsible for User's interactions with other users of the photofunny.net Services. photofunny.net will not be responsible for any damage or harm resulting from User's interactions with other users of the photofunny.net Services. photofunny.net reserves the right, but shall have no obligation, to monitor interactions between User and other users of the photofunny.net Services and take any action in good faith to restrict access to or the availability of any material that photofunny.net or another user of the photofunny.net Services may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing or otherwise objectionable.

User's photofunny.net account may not include the following items: telephone numbers, street addresses, last names, and any photographs may not contain nudity, violence, or offensive subject matter. Information provided by other photofunny.net Users may contain inaccurate, inappropriate or offensive material, products or services and photofunny.net assumes no responsibility or liability for this material.

4. PRIVACY:

The photofunny.net Sites and photofunny.net Services are designed to allow Users to post content (e.g., photographs and information about themselves) for public review and comment, both in public forums and with private messaging. Accordingly, by submitting User Materials and/or any personal information on any of the photofunny.net Sites or through any of the photofunny.net Services, User thereby waives any and all privacy expectations (including the privacy expectations of any other individual who appears in the User Materials or otherwise) with respect to photofunny.net's use of the User Materials. If User chooses not to have his/her content, picture, video, or any other profile information about themselves viewable by a global audience, User should not use the photofunny.net Sites and photofunny.net Services.

photofunny.net may collect certain personal information from User that is not displayed on the photofunny.net Sites. Please view the photofunny.net Privacy Policy concerning such personal information.

5. OWNERSHIP:

User shall at all times retain all right, title and interest in and to the User Materials provided by User hereunder (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to photofunny.net under this Agreement. User is free to grant similar rights to others during and after the Term of this Agreement. For the avoidance of doubt, when User submits User Materials on any of the photofunny.net Sites or through any of the photofunny.net Services, User acknowledges that third parties may use the User Materials as described herein. User acknowledges and agrees that photofunny.net is, and shall at all times remain, the sole and exclusive owner of all right, title and interest (including, without limitation, copyright), in and to the photofunny.net Sites, photofunny.net Services, photofunny.net Marks (as defined in Section 19 of this Agreement) and any and all Content (excluding User Materials and Third Party Content) made available on the photofunny.net Sites and/or through the photofunny.net Services (collectively “photofunny.net Content”), and that User's right to use the photofunny.net Sites, photofunny.net Services, photofunny.net Marks and photofunny.net Content, as set forth herein, shall be for personal, non-commercial use only and shall not in any way transfer or convey any ownership rights or other proprietary interests therein to User.

6. LICENSE:

Unless expressly otherwise stated in this Agreement or otherwise agreed between User and photofunny.net in a writing signed by both parties, User hereby grants to photofunny.net a worldwide, royalty-free, non-exclusive license to do the following things during the Term:

1. to prepare and encode User Materials, or any portion thereof for electronic, digital and/or other transmission, manipulation and exhibition in any format and by any means now known or hereafter devised;
2. to display, copy, reproduce, create derivative works of, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, promote, distribute through any means (including electronic, analog and digital), and publish and/or otherwise exploit, in digital or physical form, any or all of the User Materials, including any portion thereof, and to include any such materials in compilations or other works, by any and all means in all media now known or hereinafter created, anywhere in the world, and for any purpose (for avoidance of doubt, the rights granted to photofunny.net hereunder include the rights to make User Materials available on the photofunny.net Sites, third-party websites and electronic devices);
3. to modify, adapt, change or otherwise alter and create derivative works of the User Materials and use the User Materials as described in Section 6(2); and
4. to license and/or sublicense to any third party any of the foregoing rights in the User Materials, or any part or element thereof, subject to the terms and conditions of this Agreement.

User hereby agrees not to assert any right, title, or interest in any and all material with which User Materials may be combined or into which all or any portion of User Materials may be incorporated. As used in this Agreement, the term "User Materials" means User's content, photographs, videos, audio, comments, written work, name(s), trademarks, trade names, likenesses, biographical materials, artwork, liner notes, and other graphical or textual materials that User uploads, submits or otherwise provides to photofunny.net, and any and all computer-generated images or other artwork or images that User submits to photofunny.net. User acknowledges and agrees that all right, title and interest (including, without limitation, copyright, trademark and other intellectual property rights) in and to any and all content, elements and materials created by or for photofunny.net incorporating all or any portion of the User Materials shall be exclusively owned and controlled by photofunny.net.

7. NAME AND LIKENESS:

Unless expressly otherwise stated in this Agreement or otherwise agreed between User and photofunny.net in a writing signed by both parties, User hereby grants to photofunny.net a worldwide, royalty-free, non-exclusive license to use: (i) User's name(s), photograph and/or likeness(es) and biographical materials; and (ii) any other individual's name, photograph and/or likeness and biographical materials, where such other individual appears in the User Materials, in connection with the distribution, exploitation, promotion, marketing and advertising of the User Materials, as described hereunder, during the Term.

User also agrees not to assert any privacy, publicity, moral or similar rights held by User (and to the extent any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the User Materials, User represents and warrants that it has obtained all necessary consents from such third parties consistent with the full scope of rights granted to photofunny.net pursuant to this Agreement, and User agrees that such persons shall not assert of any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any User Materials are objectionable or otherwise defamatory) under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder.

8. THIRD PARTY CONTENT:

The photofunny.net Sites may contain content from third parties ("Third Party Content"), either via the photofunny.net Services or through links to third party web sites. photofunny.net does not control Third Party Content and makes no representations or warranties about it. User understands that by using the Service, he/she may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will photofunny.net be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via the photofunny.net Services. User agrees to bear all risks associated with using or relying upon Third Party Content, including without limitation, profiles of other users of the photofunny.net Services.

9. PROPRIETARY RIGHTS:

User agrees that all content and materials available on the photofunny.net Sites are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by photofunny.net, User agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the photofunny.net Sites, or otherwise use any content, copyrights, trademarks or intellectual property of photofunny.net in any way without photofunny.net's prior, written consent. User also agree not to retrieve data or other content or any materials from the photofunny.net Sites to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. User agrees not to use any of photofunny.net's content, names or trademarks as metatags on other web sites. User agrees not to display any of the photofunny.net Sites in a frame (or any of our content via in-line links) without photofunny.net's express written permission.

10. USERNAME AND PASSWORD:

User who creates a photofunny.net account will select a username and password when completing the registration process. User is solely and fully responsible for maintaining the confidentiality of his/her username and password, and will be solely and fully responsible for all activities that occur under using that username and password to access the photofunny.net Sites. User agrees to: (a) immediately notify photofunny.net of any unauthorized use of User's username and password or any other breach of security and (b) log off from account at the end of each session. photofunny.net cannot and will not be liable for any loss or damage arising from User's failure to comply with this Section 11.

11. REPRESENTATIONS AND WARRANTIES:

User represents and warrants that:

1. User has the full right and power to enter into and perform this Agreement and to grant photofunny.net all rights to use the User Materials as contemplated in this Agreement, including, without limitation, the license grants in Sections 6 and 8,
2. User exclusively owns and/or controls all right, title and interest (including, without limitation, copyright) in and to the User Materials, and has secured all necessary third-party consents, rights, licenses and permissions, if any, required in order for User to enter into and perform this Agreement and to grant photofunny.net all rights to use the User Materials as contemplated in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used or otherwise incorporated into the User Materials),
3. the User Materials (and photofunny.net's use thereof as contemplated under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
4. all information that User has provided or will provide to photofunny.net is true and complete,
5. the User Materials do not and will not violate any law, statute, ordinance or regulation,
6. the User Materials do not and will not: (i) be defamatory, libelous, slanderous, or threatening, (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws (iii) denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, (iv) exploit images or the likeness of any individual other than User (except where User has obtained express permission from such other individual(s) for such exploitation), (v) encourage or otherwise depict glamorized drug use, (vi) make use of offensive language or images, (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous or desirable, (viii) contain any personal contact information of User or any other individual, (ix) promote 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; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without photofunny.net's prior written consent.
7. the User Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of photofunny.net or any third party.

12. USER DISPUTES:

You are solely responsible for your interactions with other photofunny.net Visitors, Registered Users and Members. photofunny.net reserves the right, but has no obligation, to monitor disputes between you and other Visitors, Registered Users and Members.

13. THIRD PARTY PAYMENTS:

User shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the User Materials (including, without limitation, any such obligations that may arise from photofunny.net's use of such User Materials as authorized herein).

14. INDEMNITY:

User agrees to defend, indemnify, reimburse and hold photofunny.net and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:

1. User's use of the photofunny.net Sites;
2. photofunny.net's use of the User Materials;
3. any breach or alleged breach of User's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions hereof; and
4. User's violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of User Materials as contemplated hereunder.

15. photofunny.net'S PERFORMANCE:

User acknowledges and agrees that the operation of the photofunny.net Sites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and photofunny.net shall not be responsible to User or others for any such interruptions, errors or problems or an outright discontinuance of the photofunny.net service. There are no assurances whatsoever that any of the User Materials or any part or element thereof shall actually be utilized on any of the photofunny.net Sites or if so utilized continue to be available for any particular time. photofunny.net has the right, in photofunny.net's sole and absolute discretion, to remove from the photofunny.net Sites at any time the User Materials or any part thereof and/or to revoke any sublicense granted by photofunny.net to any affiliate or unaffiliated third party. Notwithstanding the foregoing, photofunny.net does not control the content of the User Materials and does not have any obligation to monitor such content for any purpose. User acknowledges that User is solely responsible for all content submitted to the photofunny.net Sites. The photofunny.net Sites may be discontinued at any time, with or without reason and without any liability to User or to any third party for any modification or discontinuance of the photofunny.net Services.

16. NO WARRANTY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, photofunny.net DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO

1. UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE photofunny.net SITE(S), AND
2. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE photofunny.net SITES AND photofunny.net SERVICES. IN ADDITION, ALTHOUGH photofunny.net INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE photofunny.net SITES, AND WHETHER OR NOT photofunny.net IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, photofunny.net DOES NOT WARRANT THAT THE photofunny.net SITES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE photofunny.net SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

17. NO LIABILITY FOR THIRD PARTY USE:

photofunny.net DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE USER MATERIALS MADE AVAILABLE ON THE photofunny.net WEBSITE BY THE USER PURSUANT TO THE TERMS OF THIS AGREEMENT. USER SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF USER MATERIALS BY A THIRD-PARTY, AND NOT FROM photofunny.net. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS USER MATERIALS FROM photofunny.net (WHETHER OR NOT WITH photofunny.net'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, USER WILL SEEK REDRESS FROM THE OTHER PERSON AND NOT FROM photofunny.net, AND THAT USER WILL NOT HOLD photofunny.net RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.

18. EXCLUSION OF DAMAGES:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL photofunny.net, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT photofunny.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE photofunny.net SITES AND/OR THE photofunny.net SERVICES. IN NO EVENT SHALL photofunny.net'S TOTAL LIABILITY TO USER UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $200. USER EXPRESSLY WAIVES ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR THE USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF THE USER MATERIALS BY photofunny.net). THE PARTIES ACKNOWLEDGE AND AGREE THAT photofunny.net HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN USER AND photofunny.net, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

19. COPYRIGHT AND TRADEMARK NOTICES:

Trademarks and service marks on the photofunny.net Sites may be the property of the advertisers, content partners and/or providers, or other third parties. User may not use any of the photofunny.net Marks without photofunny.net's prior written permission, and User may not use any third-party marks without the third party's prior written permission.

20. GOVERNING LAW, JURISDICTION:

THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF PORTUGAL WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE BARCELONA COURT, SPAIN, AND USER AND photofunny.net BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.

21. ASSIGNMENT:

photofunny.net shall have the right to assign this Agreement in whole or in part to any person or business entity. User may not assign User's rights or delegate User's obligations under this Agreement without the prior written consent of photofunny.net.

22. NOTICES:

All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to:

FOTOEFECTOS TECHNOLOGIES S.L.

Número de identificación fiscal: B65711780,

Domicilio: C/ Francesc Layret 82

08940 Cornellá de Llobregat, Barcelona,
España.


Communications shall be deemed received:

* for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt;
* for Communications sent by personal delivery, on the date of personal delivery; and
* for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt.


No other form of notice shall be accepted under this Agreement.

23. ENTIRE AGREEMENT:

This Agreement, together with the photofunny.net Privacy Policy and the Legal Notices, sets forth the entire understanding and agreement of User and photofunny.net as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. photofunny.net's failure to act with respect to a breach by you or others does not waive photofunny.net's right to act with respect to antecedent, subsequent or similar breaches.

24. STATUTE OF LIMITATIONS:

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

25. MODIFICATION:

photofunny.net reserves the right to change the terms of this Agreement from time to time in its sole discretion. In the event of such changes, photofunny.net will post the changes on the photofunny.net Sites and/or notify User via email. Also, photofunny.net may ask User to review and consent to the changes at the time of User’s next account login or at the time of his/her next visit to the Site. By continuing to use any of the photofunny.net Sites or photofunny.net Services after such notice and consent, User agrees to be bound by the changes to this Agreement and the new terms of the Agreement shall govern all prior and future submissions of User Materials.

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