TERMS OF USE

Welcome to Funk Away!

Please review the following basic terms that govern your use of the website funkaway.com (the “Site”) and your purchase of products from our Site. Please note that your use of the Site constitutes your agreement to follow and be bound by these Terms of Use (the “Agreement”). Please read the Agreement carefully.

If you do not consent to be bound by this Agreement, or even any part of the Agreement, you must not use this Site.

From time to time, we may change the terms of the Agreement that govern your use of the Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. Because we may change, move or delete portions of the Agreement, or may add to the Agreement from time to time, you agree to review the terms of the Agreement each time you use the Site to determine whether new terms have been incorporated into the Agreement.

Introduction

You must be at least thirteen (13) years of age to use the Site. By using the Site you warrant and represent that you are at least thirteen years of age.

License to use the Site

Unless otherwise stated B2Z PRODUCTS, and/or its licensors own the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are protected by copyrights and international treaty provisions owned, controlled or licensed by B2Z PRODUCTS, INC., or its affiliates (collectively, “B2Z PRODUCTS”). The Site as a whole is protected by copyrights and constitutes trade dress and all worldwide rights, titles and interests in and to which are owned by B2Z PRODUCTS. Funkaway.com and all other B2Z PRODUCTS trademarks appearing at this Site are trademarks of B2Z PRODUCTS.

The Contents of this Site, and the Site as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents of the Site.

Therefore, you agree that you will not:

1) Republish material from the Site (including republication on another website);
2) Sell, rent or sub-license material from the Site;
3) Show any material from the Site in public;
4) Reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose; or
5) Edit or otherwise modify any material on the Site.

Acceptable use

You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without B2Z PRODUCTS’ express written consent.

You must not use the Site to transmit or send unsolicited commercial communications.

You must not use the Site for any purposes related to marketing without B2Z PRODUCTS’ express written consent.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Site, for whatever purpose, including, but not limited to, all social media content or comments postings.

You grant to B2Z PRODUCTS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to B2Z PRODUCTS the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or B2Z PRODUCTS or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

B2Z PRODUCTS reserves the right to edit or remove any material submitted to the Site, or stored on B2Z PRODUCTS’ servers, or hosted or published upon the Site.

Notwithstanding B2Z PRODUCTS’ rights under this Agreement in relation to user content, B2Z PRODUCTS does not undertake to monitor the submission of such content to, or the publication of such content on, the Site.

Product Information

Most of the Products of B2Z PRODUCTS displayed on the Site are available from select retailers in the United States. In some cases, Products displayed for sale at the Site may not be available through other retailers’ stores. The prices displayed on the Site are quoted in U.S. Dollars.

Compliance with the Law and Resale Sales

You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Products on our Site or this Agreement. You agree and represent that you are buying any Products offered for sale on the Site for your own personal use only, and not for resale.

Links to Other Web Sites and Services

To the extent that this Site contains links to outside websites, services and resources, you understand, acknowledge and agree that B2Z PRODUCTS does not control the availability or content of such website, services or resources, and that you shall not seek to hold B2Z PRODUCTS responsible for any issues you experience with any such website, services and resources. Any concerns regarding any such website, service or resource, or any link thereto, should be directed to the particular outside website, service or resource.

No warranties

The Site is provided “AS IS” without any representations or warranties, express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. B2Z PRODUCTS makes no representations or warranties in relation to the Site or the information and materials provided on the Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that B2Z PRODUCTS shall not be liable for any damages of any kind related to your use of the Site.

Without prejudice to the generality of the foregoing paragraph, B2Z PRODUCTS does not warrant that:

  • the Site will be constantly available, or available at all; or
  • the information on the Site is complete, true, accurate or non-misleading.

Nothing on the Site constitutes, or is meant to constitute, advice of any kind. You acknowledge and agree that the Site and all Contents are intended for general consumer informational purposes only; that neither this Site nor any Contents are intended to constitute, and do not constitute, the practice or furnishing of medical or professional health care advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services; and that you will always consult with your qualified medical provider for medical or health care advice, diagnosis, consultation, treatment, content, data, software, information, products and/or services.

Limitations of liability

To the maximum extent permitted by law, B2Z PRODUCTS will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Site:

  • for any direct, indirect, special or consequential loss including without limitation any costs of replacing personal property; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if B2Z PRODUCTS has been expressly advised of the potential loss.

Exceptions

Nothing in the disclaimers on the Site will exclude or limit any warranty implied by law where it would be unlawful to exclude or limit such warranty.

Reasonableness

By using the Site, you agree that the exclusions and limitations of liability set out in the Site are reasonable.

If you do not think they are reasonable, you must not use the Site.

Other parties

You accept that, as a limited liability entity, B2Z PRODUCTS has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against B2Z PRODUCTS’ officers or employees in respect of any losses you suffer in connection with the Site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Site disclaimer will protect B2Z PRODUCTS’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as B2Z PRODUCTS.

Unenforceable provisions

If any provision of the Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Site disclaimer.

Indemnity

You hereby indemnify B2Z PRODUCTS and undertake to keep B2Z PRODUCTS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses, attorneys’ fees and any amounts paid by B2Z PRODUCTS to a third party in settlement of a claim or dispute on the advice of B2Z PRODUCTS legal advisers) incurred or suffered by B2Z PRODUCTS arising out of any breach by you of any provision of the Agreement, arising out of any claim that you have breached any provision of the Agreement and/or arising out of your use of the Site.

Breaches of the Agreement

Without prejudice to B2Z PRODUCTS’ other rights under the Agreement, if you breach the Agreement in any way, B2Z PRODUCTS may take such action as B2Z PRODUCTS deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

Assignment

B2Z PRODUCTS may transfer, sub-contract or otherwise deal with B2Z PRODUCTS’ rights and/or obligations under the Agreement without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement.

Severability

If a provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in full effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

This Agreement incorporates as through fully set forth herein the Warranty, Privacy Policy and Return Policy listed on this Site, all of which constitute the entire agreement between you and B2Z PRODUCTS in relation to your use of this Site and/or purchase of any Products from B2Z PRODUCTS, and which supersedes all previous agreements in respect of your use of the Site and/or purchase of any Products.

Law and jurisdiction

The Agreement will be governed by and construed in accordance with Illinois law, without regard to any conflicts of law provisions to the contrary. Any disputes relating to or arising out of the Agreement will be subject to the exclusive jurisdiction of the courts of Cook County, Illinois.

Registrations and authorizations

B2Z PRODUCTS is registered with the state of Illinois. You can find the online version of the register here. B2Z PRODUCTS’ registration number is 04098684.

B2Z PRODUCTS contact details can be found here.