TERMS AND CONDITIONS
Please read the following terms and conditions ("Terms and Conditions") carefully before using the Website barnfun.com ("BarnFun"). By using BarnFun, you expressly agree to be bound by the Terms and Conditions. If you do not agree to be bound by these Terms and Conditions discontinue use of BarnFun.
You acknowledge and expressly agree that use of BarnFun is at your sole and own risk. You agree to defend, indemnify and hold BarnFun and their affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including attorneys' fees, related to any violation of these Terms and Conditions by you in any way arising out of the use of BarnFun, including without limitation, the placement or transmission of any information or other materials on BarnFun by you or users of your account.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BarnFun OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BarnFun’S WEB SITE, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF BarnFun WEBITES AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
By submitting, posting, uploading or submitting any information, material or content to BarnFun, you automatically grant (or automatically warrant that the owner of the rights to such material, information or content has expressly granted) BarnFun a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.
BarnFun accepts no responsibility for the links to or from its website and the inclusion of these links does not mean that BarnFun endorses the material or content of these sites.
4. Prohibited Use of BarnFun.
You shall not use BarnFun in any way that would interfere with its operation nor submit any information, material or content to BarnFun that violates any law. Furthermore, you shall not post, upload, publish, transmit or otherwise distribute on BarnFun any information, material, or content that:
- could constitute a criminal offence, including but not limited to any crimes relating to threats, intimidation, hate, assault, or fraud;
- could defame, abuse, harass, threaten or otherwise interfere with the contractual, personality, confidentiality, privacy or publicity, moral or statutory or any other rights of any person;
- could infringe the intellectual property rights including without limitation any copyright, trade-mark, or patent, of any person;
- could be considered as a use of BarnFun that is contrary to law or electronic etiquette, or which would adversely impact the use of BarnFun or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
- contains any distasteful or offensive material including, but not limited to, material intended for an adult audience;
- encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.
BarnFun reserves the right to remove any information, material or content that you post, upload, submit, publish, transmit, distribute or otherwise use on BarnFun at any time, at its sole discretion and without prior notice. We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules.
5. Third parties.
Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, BarnFun is between you and said third parties, and BarnFun has no control over the quality or legality of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. BarnFun shall not be responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not BarnFun, are responsible for compliance with all laws applicable in any such transaction.
If you click on any advertisement, you will be dealing with external companies responsible for that advertisement. BarnFun does not control the actions of these companies or the content of their websites.
BarnFun will not be liable for any loss, damage or upset which you suffer as a result of viewing or clicking on advertisements in any circumstance. Any claim for loss should be directed against the external company responsible for the advertisement.
6. Intellectual property.
All content on the Site is including but not limited to copyrights, trademarks, patents and intellectual property may belong to BarnFun or other providers (developers, submissions). You may not use any of this content for any purpose or in any manner whatsoever that is not authorized by its intellectual property owner.
If you believe that your copyrightable work, trademark or patent or intellectual property right is being displayed on this Site and in violation, please advise BarnFun immediately at email@example.com for BarnFun to investigate and deal with the matter swiftly.
At BarnFun we respect the copyright and trademarks of creators of online flash games. Accordingly, if you are a copyright owner or an agent thereof and believe that any submission or other 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):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
BarnFun’s designated Copyright Agent to receive notifications of claimed infringement is firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(E), your DMCA notice may not be valid.
9. Changes to these Terms and Conditions.
BarnFun reserves the exclusive right to modify these Terms and Conditions at any time. Non-material changes and clarifications will take effect immediately. Material changes will take effect 5 days after their posting. The posting date of each document will be set out at the end of the document. Any continued use of BarnFun will be deemed conclusive of your acceptance of the modified Terms and Conditions.
10. Privacy and Confidentiality.
BarnFun undertakes not to use or disclose the information provided by its users for any other purpose than providing services. However, BarnFun cannot guarantee the confidentiality of the information submitted over the Internet. As such, users must accept the entire responsibility in the event that confidential information is disclosed.
The Terms and Conditions of BarnFun and all other documents referenced constitute the entire agreement between BarnFun and you with respect to your use of BarnFun. BarnFun’s failure to insist upon, or enforce strict performance, of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of these Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. These Terms and Conditions shall be governed by and construed in accordance with the laws of the province in which you reside and the federal laws, as applicable. The parties hereby agree and attorn to the exclusive jurisdiction of the courts of the province in which the user of BarnFun resides.