This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, http://www.tossware.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Be Fun LLC.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below.
This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Be Fun LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We reserve the rights to amend our Legal Terms. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The last update to our Terms of Use was posted on August 2, 2018.
The terms "us" or "we" or "our" refers to Be Fun LLC, the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Customers.
A "Customer" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Customers.
A "User" is a collective identifier that refers to either a Visitor or a Customer.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
From using Website, you agree to comply with all applicable ordinances, statutes, domestic and international laws, and regulations regarding your usage. Be Fun LLC reserves the right to investigate complaints, report violations to our Legal Terms, or take any action we deem appropriate, including, but not limited to, canceling Customer’s account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such person or entities relating to your profile, email addresses, usage history, IP addresses, and traffic information, as authorized under our Privacy Policy.
Your use of Website does not constitute any right or license to our service marks or trademarks, as well as our affiliates or other companies’ marks, without a prior written permission of the service mark or trademark owner. Our Website is protected by the international copy laws, which prohibited unauthorized use in a particular country. It is strictly prohibited to copy, redistribute, use, or publish any portion of our Website. Also, your use of Website does not grant any ownership rights of the Contents.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. We do not create or have an affiliation with, or sponsor such third party websites when you are accessing these third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Be Fun LLC has no control over the legal documents and privacy practices of third party websites; as such, you will be accessing any such third party websites at your own risk.
Our Legal Terms shall be treated as though it were executed and performed in California, United States and shall be governed by and construed in accordance with the laws of California, United States without regard to conflict of law principles.
In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Be Fun LLC under our Legal Terms shall survive the termination of our Legal Terms.
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):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit all DMCA notifications to Be Fun LLC’s designated Copyright Agent via email to notice@tossware.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Be Fun LLC’s customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.