Last updated: 1st January, 2022
These Terms of Use (“Terms of Use”) constitute a legal binding agreement between you (“user” or “you”) and funstrikezone.com (“Company” or “us” or “our”) and sets forth the terms in which you may use our website and the Services therein (as defined below). These Terms of Use incorporates our Privacy Policy and together shall be referred to as the “Terms”. It is important that you take the time to read the Terms carefully prior to accessing or using our website and Services.
By accessing or using our websites or the Services (as defined below) you acknowledge that you have read, understood and agreed to these Terms of Use. You agree to be bound by these Terms of Use and to comply with all applicable laws and regulations when using of the Service. You further acknowledge that these Terms of Use constitute a binding and enforceable legal contract between you and us which further enforces class action waiver and arbitration provision as detailed below in the dispute resolution section. IF YOU DO NOT AGREE TO ALL OR PART OF THE TERMS HEREIN PLEASE DO NOT ACCESS THE WEBSITE OR USE THE SERVICES IN ANY MANNER.
You hereby warrant that you are eligible to enter into these Terms of Use and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms of Use. You further represent and warrant that you are at least eighteen (18) years of age and of legal competence to enter into these Terms. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using our website.
The website provides you with comprehensive information, comparison tables and resources about various goods and services or products you are interested in, which are owned or operated by our third-party partners (“Third Party Service”). We provide you with the information we believe will interest you and comparison charts, including without limitations User Generated Content (e.g., UGC as defined below), link to Third Party Services and content, as well as articles, blogs and opinions provided either by us, you, other users or third party contractors, including any text, logos, phone numbers, button icons, images, data compilations, documents, descriptions, software, code, designs, links, data, graphics and other features provided therein (collectively the “Content” and together with the website shall be referred to as the “Service(s)”). The Services are owned and developed solely by us. We conduct reviews and evaluate the information we find according to our criteria, in order to present the Third-Party Services we believe to be the most top-rated. You acknowledge that the Services are for informational and editorial purposes only and may contain Content that you deem or find objectionable. We make best efforts (however not obligated) to actively monitor the Services and the Content, including UGC (as defined below) submitted or viewed in the website. Nonetheless, we do not endorse or support any Content submitted to the website. Our Services are provided for you free of charge. We are able to maintain a free, high-quality Service by charging an advertising fee to featured brands whenever a user completes a purchase. For more information please review the “How We Rate” Section below.
Use of the Website and Services
The Services are provided for your personal and non-commercial use only; You agree only to use the Services as set forth under the Terms. You are responsible for any UGC (as defined below) you may submit to the website. You are responsible for any of your actions which breach or could be reasonably construed as a breach of these Terms. You may not use the Services in a manner which would disrupt the use of the website by other users or persons. We reserve the right to investigate any breach or alleged breach of these Terms and to report to law enforcement authorities as well as to prevent you from using the Services. We may also limit your use of the Services for any other reason or for no reason and retain the right to terminate your use of the Services at our sole discretion. We reserve the right to refuse or accept post, display or transmit any Content you submitted to the website, at any time and at our sole discretion. We have no responsibility to store or maintain any Content submitted to or posted on the website and will not be held liable for any failure to store or maintain any such content. Further, you hereby agree you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative work, circumvent or hack the Services or gain unauthorized access to the Services or its related systems and networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the Services available to any third party, or any portion thereof; (iii) use the Services in any fraudulent or unlawful manner; (iv) assert any proprietary rights in or to the Services, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in the Services. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein; (v) use, access or attempt to access the Service in connection with any automated means; (vi) use the Company’s name, logo or trademarks without our prior written consent; and (vii) extract, collect or store personal data about other users without their express permission. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
The Third-Party Services may include links to these third party’s websites or other digital assets, contact information (e.g. phone number, etc.) in order to enable you to view, access or call these third parties. Such links or phone numbers may be posted by us, you, other users, or other third parties. You acknowledge and agree that (i) we do not guarantee the access to, recording of, listening to, or viewing of any particular Third Party Services; (ii) we do not own nor have control over, nor responsible for any Third Party Services, and we do not exercise editorial or programming control over any content of offers therein; (iii) owners or licensors of the Third Party Services may change or delete their website or any content or service therein at any time including any offer’s terms (pricing, features, etc.);; and (iv) by accessing the Third Party Services, contacting the third party thorough its phone number or in any other manner, or otherwise interacting, engaging or using the Third Party Services, you will be subject to such third parties’ terms of services and privacy policies which may be found on their relevant website, as well as its costumer services and telemarketing and sales practices. You should carefully review the applicable Third-Party Services’ terms and policies in order to verify that you are interested in such services and that you are allowed to use the Third-Party Services, as well as to comply with the applicable requirements and restrictions (e.g., residents of certain countries are prohibited from using some Third Party’s Services). You may be linked and exposed to Content related to Third-Party Services that is inaccurate, offensive, indecent, or objectionable. You always have the choice to decide whether or not to access, view, or otherwise interact with such Third-Party Services. Your interaction with Third-Party Services (including by phone or in any other manner) and your use of, and reliance upon, any content or information provided by it (including content provided through our website) is at your sole discretion and risk. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Content or Third-Party Services, or your interaction or engagement with the third party by any means, which is at your sole discretion and risk. Any engagement will be solely between you and the applicable third party.
The User Generated Content refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us, including, among other images, comments, posts, texts, icons, links, Users Reviews (as defined below), opinions and feedback, etc. (“UGC”). You hereby acknowledge and agree that you have all the rights, power and authority necessary to submit any UGC and the UGC uploaded by you may not: (i) violate any applicable law; (ii) contain any unlawful content including but not limited to hateful content, content that might encourage or suggest violence, terrorism, racism, defamatory, adult and pornography content, alcohol-related or illegal drugs content; (iii) contain any content which is copyrighted, protected by trade secret or may infringe third party intellectual property or content which may infringes the right to privacy or create a risk to an individual’s safety or health or; (iv) contain any content which is considered to be unfair or deceptive under consumer protection laws, or unauthorized commercial communications including advertising, spam, incentivized or promoting any service or product; or (v) content which has been generated by fake or unidentified users. Further, by submitting, posting, or displaying UGC through the Services, you grant us a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, reproduce, distribute, prepare derivative works of and make available to the public any part of the UGC including without limitation for promoting and redistributing part or all of the Service (in any media formats. Furthermore, you grant each user of the Service, a worldwide, non-exclusive, royalty-free license to access your UGC through the Service, to download, use, reproduce, distribute, prepare derivative works of, and display to the extent permitted by the functionality of the Service and under these Terms. We have the sole and absolute right to and discretion to decide whether to publish any UGC and we may, without prior notice, monitor, censor, edit, remove, delete, any and all UGC, at any time and for any or no reason. If we believe, at our sole discretion, that the UGC provided by you violates or may violate any of the aforesaid, we may restrict your access or use of the Services. Notwithstanding the above, we have no obligation to monitor the UGC, thus, we have no responsibility and liability with respect to UGC, which you may find inaccurate, offensive, indecent, or objectionable.
You may not post or submit any proprietary information of another party which is protected under copyright or trademark laws. We will respond to any notice we receive alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content should we determine that an infringement has occurred. If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any Content or UGC on the website has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party you are authorized to act on its behalf, please contact us at: [email protected], or through our Contact Us form, located in the footer of each page within our website (“Notice”), and we will investigate the matter immediately. When submitting a Notice, please include the following information: (i) identify the copyrighted work or material that you claim has been infringed, and information reasonably sufficient to permit us to locate the material and verify its existence, including at a minimum, its location, if applicable the URL of the link(s) shown on the website where such material may be found and screenshots. If multiple copyrighted works are covered by this Notice – you may provide a list of the copyrighted works that you claim have been infringed; (ii) provide your contact information – name, mailing address, telephone number, and email address; (iii) include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). In addition, I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.“
Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit the Notice. Please remember by submitting a Notice you will be initiating a legal process, hence, please do not make any false claims. We will respond at reasonable time to claims of copyright infringement committed using the website that are reported to us.
