Errors on Our Websites
Funleague Games makes all efforts to ensure that the information on these Sites is accurate, current and complete. However, there may be instances when information about a Funleague Games product contains inaccurate or incomplete information, including without limitation, information about the product's availability. Funleague Games does not warrant or guarantee that the information on these Sites is error-free, complete, or current. Funleague Games reserves the right to correct errors and/or to update the content or information on these Sites at any time, without notice.
Funleague Games has made every effort to display the colours of our products that appear on the Websites as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Purchases on Funleague Games' Websites
Through the Funleague Games Websites, you may be able to purchase products. All purchases on our Websites are subject to the following terms:
a) Only individuals who are at least 18 years old and have a valid PayPal account may make a purchase through our Websites.
b) Payment is by PayPal only. Your PayPal account will be billed when your order is submitted by you.
c) Submission of your order constitutes an offer by you to purchase, and Funleague Games reserves the right to accept or reject your offer. Acceptance of an offer occurs when the order is accepted by Funleague Games and your PayPal account is successfully billed. After submitting your order, you will be shown an order confirmation page and confirmation e-mail will be sent to the address you provided on the form. You should either print the order confirmation page and/or keep the e-mail confirmation for your records.
d) Product prices do not include any sales, use, privilege, excise, or any other tax, duty, tariff, or assessment that may arise, and payment of any such costs are your responsibility.
Unless otherwise agreed by Funleague Games, all orders will be shipped via USPS Parcel Post or Canada Post and shall be delivered to the shipping address in your order. Risk of loss and title will pass to you upon delivery of the purchased item to the shipper. You will bear the risk of delay and increased costs of shipment. Currently, we can only accept orders with a billing and shipping address within the states or provinces available on the drop down lists on the order form (within the continental United States and Canada). We cannot accept online orders from or ship online orders to other destinations at this time. We cannot accept phone orders at this time.
You are not permitted to post or transmit through our Websites (even if made in a joking, sarcastic or unintended manner) content that:
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity);
- promotes an illegal or unauthorized copy of another person's copyrighted work (see Copyright Compliance Policy below for instructions on how to lodge a complaint about uploaded copyrighted material), 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;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without Funleague Games' prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites.
- solicits gambling or engages in any gambling activity which Funleague Games, in its sole discretion, believes is or could be construed as being illegal;
- contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
- interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services; or
Funleague Games reserves the right, but not the obligation, to monitor areas of our Websites electronically. Funleague Games further reserves the right to disclose any content, records, or electronic communication of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Websites or to protect Funleague Games' rights or property, or the rights of the other Website users, or our partners, affiliates, sponsors, providers, licensors, or merchants. In the event that Funleague Games is advised of the existence of defamatory, infringing or illegal content, Funleague Games may investigate such claims and determine in our sole discretion whether to remove such content from our Websites.
Ownership of Intellectual Property
All Website software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements of the Websites, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the "Material") are the property of Funleague Games and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
Except as otherwise specifically noted on these Websites or in connection with any particular Material, Funleague Games hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may print or download from these Websites, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree that where specifically noted on these Websites or in connection with any Material or software, you will use such Material or software, as the case may be, in accordance with such specific terms and instructions.
You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from Funleague Games or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party web site) without the express prior written consent of Funleague Games. Use of Funleague Games' and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile or reverse engineer the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. Use of extracting database information is prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.
Unsolicited Creative Submissions/ Communications
Funleague Games does not accept or consider creative ideas, suggestions or materials other than those Funleague Games has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by Funleague Games or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Sites by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed the property of Funleague Games. None of the Information shall be subject to any obligation of confidence on the part of Funleague Games and Funleague Games shall not be liable for any use or disclosure of any Information. Funleague Games shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
You may not use these Websites in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
Funleague Games respects the rights of all copyright holders and in this regard, Funleague Games has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders on multiple occasions ("repeat offenders"). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Funleague Games' Copyright Agent the following information required by the Digital Millennium Copyright Act, ("DMCA") 17 U.S.C. 512:
- 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 and location of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that Site and their locations;
- 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 Funleague Games to locate the material;
- Information reasonably sufficient to permit Funleague Games to contact the complaining party;
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the DMCA please contact:
Attn: K. Darby
67 Brock Street West
Uxbridge, ON Canada
Upon proper receipt of this information from you ("notice") that substantially complies with all of the requirements above, Funleague Games will investigate your claim and respond expeditiously. If Funleague Games determines that the material cited by you constitutes a copyright infringement, Funleague Games will remove, or "take down" the infringing material. At that point Funleague Games will notify the individual who uploaded the alleged infringing material, as required by statute, and allow him/her the opportunity to take advantage of the "counter-notice" and "put-back" provisions of the DMCA.
Do not contact Funleague Games' DMCA Copyright Agent for inquiries other than those relating to alleged copyright infringement. For general inquiries about Funleague Games or the Sites, you may e-mail us at: firstname.lastname@example.org
IN THE EVENT THAT WE DETERMINE THAT YOU HAVE REPEATEDLY UPLOADED OR OTHERWISE POSTED MATERIAL THAT INFRINGES THE COPYRIGHTS OF OTHERS, WE ARE REQUIRED BY FEDERAL STATUTE TO TERMINATE YOUR ACCESS TO THE SITES.
Disclaimer and Limitation of Liability
THE WEBSITES AND ALL MATERIALS CONTAINED ON THEM ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FUNLEAGUE GAMES DOES NOT WARRANT THAT THE WEBSITES WILL BE UNINTERRUPTED OR SECURE, OR THAT THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FUNLEAGUE GAMES IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITES OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THE WEBSITES. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL RESTS WITH YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FUNLEAGUE GAMES, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THE WEBSITES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY FUNLEAGUE GAMES OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FUNLEAGUE GAMES' LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES.
Dealings with Third Party Service Providers
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through these Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that Funleague Games shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on these Websites.
Third Party Hyperlinks
Funleague Games does not review or monitor any web sites linked to the Websites, and is not responsible for the content of any such linked web sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by Funleague Games, its subsidiaries and affiliates of the opinions or views expressed by these third party web sites, and Funleague Games does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at such third party sites.
Furthermore, Funleague Games is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Funleague Games nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in such third party sites.
Finally, Funleague Games will not, under any circumstances, be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within such third party sites. You hereby acknowledge that you access third party hyperlinks and third party web sites at your own risk.
Ads and Malware
We take great care and pride in creating these Websites. We are always on the lookout for technical glitches that effect how the Websites work. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Websites–and that is beyond our control.
If you experience any unusual behavior, content or ads on the Websites, it may be the result of Malware on your computer. Malware–short for MALicious softWARE–is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Websites is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Websites and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
- Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
- Install a SpyWare Removal Tool to clean your computer of Malware.
- Install antivirus software,
- Install Microsoft Defender (for Windows computers).
Please note that we cannot be responsible for the effects of any third party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
Termination or Suspension of Access; Modification to Sites
Electronic Delivery Policy
You agree that we may provide to you required notices, agreements and other information concerning the Websites electronically. We will post the notices on the home page of these Websites or on the relevant web page. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of these Websites.
These Websites are intended exclusively for residents of the United States and Canada. We make no representation that content on these Websites is appropriate or available for use in locations outside the United States and Canada and accessing them from territories where such content is illegal is prohibited. If you choose to access these Websites from a location outside the United States and Canada, you do so, on your own initiative, and you alone are responsible for compliance with local laws. Under no circumstances is Funleague Games responsible for ensuring that the Websites are in compliance with the local laws of jurisdictions outside the United States and Canada. No software from these Websites may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. or Canadian export restrictions.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over these Websites and to promptly end any infringement that might occur. If you believe that any of our Websites contain elements that infringe your copyrights in your work, please follow the procedures set forth in above in our Copyright Compliance Policy.