Dysfunction

Website Terms of Use & Privacy Policy

Last Updated: September 2014

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These website terms of use and privacy policy (“Site Terms”) apply to your use of this website (“Website”), and do not alter in any way the terms or conditions of any other agreement you may have with dys(fun)ctional enterprises llc, its subsidiaries or affiliates (collectively “dys(fun)ctional enterprises”).  By using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify dys(fun)ctional enterprises for violations of these Site Terms.

1. Ownership of the Website and its Contents

This Website is owned by dys(fun)ctional enterprises. Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, text, graphics, data, images, and the selection and arrangement thereof (“Content”), is owned by dys(fun)ctional enterprises, its licensors, or its third-party partners. All elements of the Website, including the dys(fun)ctional enterprises Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

2. Privacy Policy

dys(fun)ctional enterprises is committed to protecting the privacy and legal rights of the users of the Website.

a. Collection of Data

dys(fun)ctional enterprises collects certain kinds of information, such as the website that referred you to us and your IP address. We also may collect certain personal information that you provide, including your email address, phone number, and name. You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you. Personal information (e.g., your username and password, your name, your mailing address, email address, and phone number) is collected when you register. Additional personal information (e.g., your credit card number and billing address) is collected to process transactions or to provide you with products and services. We do not store or retain your credit card number when you purchase products or services on this Website.

We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this Website, including without limitation, any Interactive Areas of the Website.

b. Use of Your Information

dys(fun)ctional enterprises collects and uses your personal information to operate and improve our Website, to process your transactions, to provide customer service, and to display content that is customized to your interests and preferences.

We also use your personal information to communicate with you. We may send transaction-related communications such as welcome letters, submission confirmations, and purchase confirmations. We may also send you surveys or marketing emails to inform you of information that may be of interest. If you do not wish to receive marketing emails, you may follow the “unsubscribe” instructions included within each email communication.

Personal information collected by dys(fun)ctional enterprises may be stored and processed in the United States or any other country in which dys(fun)ctional enterprises or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our sites or services, you consent to any such transfer of information outside of your country. If you would like to exercise any of your data protection rights (including the right to have your personal information deleted), please contact us using the “Contact Information” below.

dys(fun)ctional enterprises may disclose personally identifiable information under special circumstances, such as to comply with court orders requiring us to do so or when your actions violate the Site Terms or other related agreement.  We reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.

c. Cookies

To identify you electronically, dys(fun)ctional enterprises uses “cookies” to enable you to sign in to our services and to help personalize and improve your online experience. A cookie is a small amount of data that is placed on your hard drive or device containing information, including personal information that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect includes the date and time of your visit, your registration information, and your navigational and purchase history.

d. Violation of Rights

If you believe that your legal or privacy rights have been violated while using the Website, dys(fun)ctional enterprises encourages you to report such matters to dys(fun)ctional enterprises at your earliest convenience using the “Contact Us” information below. dys(fun)ctional enterprises will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of dys(fun)ctional enterprises’ commitment to providing a positive user experience.

3. Use of the Website

This Website and the Content are intended for customers of dys(fun)ctional enterprises. You may not use this Website or the Content for any purpose not related to your business with dys(fun)ctional enterprises. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, a written license or agreement with dys(fun)ctional enterprises; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any dys(fun)ctional enterprises’ product or service if you are not expressly authorized by such party to do so; and (e) using the Website or the Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

4. Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, dys(fun)ctional enterprises has adopted a policy of terminating, in appropriate circumstances and at dys(fun)ctional enterprises’ sole discretion, account holders who infringe the intellectual property rights of dys(fun)ctional enterprises or any third party.

5. Copyright Complaints

If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Copyright Agent as set forth below:

Copyright Agent
dys(fun)ctional enterprises, llc
PO Box 5099
Laguna Beach, CA 92652
legaleagle@funwithdysfunction.com

We may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.

6. Trademarks

dys(fun)ctional enterprises Trademarks, logo, and any other product or service name or slogan contained in the Website are trademarks of dys(fun)ctional enterprises and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of dys(fun)ctional enterprises or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “dys(fun)ctional enterprises”, “dysFUNction”, or any other name, trademark or product or service name of dys(fun)ctional enterprises without our prior written permission. In addition, the look and feel of the Website is the service mark, trademark and/or trade dress of dys(fun)ctional enterprises and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

7. Forums & Other Interactive Services or Areas

The Website may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:

a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content in accordance with the applicable Terms of Use Agreement;

d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;

f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

g. Viruses, corrupted data or other harmful, disruptive or destructive files; and

h. User Content that, in the sole judgment of dys(fun)ctional enterprises, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which adversely affects the availability of its resources to other users, or which may expose dys(fun)ctional enterprises or its users to any harm or liability of any type.

Further, you agree not to delete or revise any User Content posted by any third party. dys(fun)ctional enterprises takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is dys(fun)ctional enterprises liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk.

Although dys(fun)ctional enterprises has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, dys(fun)ctional enterprises reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.

8. Indemnification

You agree to indemnify and defend dys(fun)ctional enterprises, and hold dys(fun)ctional enterprises harmless from and against any and all liability, losses, damages, costs, expenses (including but not limited to attorneys’ fees), judgments and penalties arising out of, resulting from, based upon or incurred because of the breach of any warranty, representation or agreement made by you hereunder (including, without limitation, with respect to any claims that you lack the authority to grant all of the rights herein granted).  You agree that you will have no rights to terminate or rescind any rights granted to dys(fun)ctional enterprises hereunder or to enjoin the publication, production, exhibition or distribution or exploitation of any work based thereon.

9. Limitation of Liability

IN NO EVENT WILL DYS(FUN)CTIONAL ENTERPRISES, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DYS(FUN)CTIONAL ENTERPRISES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR OTHERWISE.

10. Disclaimer

WITHOUT LIMITING THE FOREGOING, DYS(FUN)CTIONAL ENTERPRISES’ WEBSITES AND ALL MATERIALS PROVIDED ON OR THROUGH ITS WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  DYS(FUN)CTIONAL ENTERPRISES DOES NOT NOW AND SHALL NOT IN THE FUTURE HAVE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF MY INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF MATERIAL.

11. Applicable Law & Venue

This release is governed by and shall be construed in accordance with the laws of the State of Washington, United States of America, without regards to its principles of conflicts of law.  All actions relating to these Site Terms and Privacy Policy shall be brought in the competent court in the State of Washington, including the federal courts situated therein, and you consent to exclusive jurisdiction and venue in such courts.  Further, in any such dispute, you hereby irrevocably waive all rights to claim punitive, incidental or consequential damages.

12. Termination

Notwithstanding any of these terms, dys(fun)ctional enterprises reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Website.

13. Changes to Site Terms

dys(fun)ctional enterprises reserves the right to change any of the terms and conditions contained in the website or any policy or guideline of the website, at any time and in its sole discretion. When dys(fun)ctional enterprises makes changes, it will revise the “last updated” date at the top of the website terms. Any changes will be effective immediately upon posting on the website. Your continued use of the website following the posting of changes will constitute your acceptance of such changes.

14. Questions and Contact Information

Questions or comments about the Website or Site Terms may be directed to dys(fun)ctional enterprises at mom@funwithdysfunction.com