These terms apply to your access and use of the Funk Ventures website (the "Site") accessible through the Funk Ventures home page located at www.funkventures.com.

Your use of the Site, and all information, products and services on the Site, (collectively, "Materials") are subject to the binding legal terms set forth below ("Terms"). Unless Funk Ventures informs you otherwise, any new or updated Materials that are available on or through the Site will be subject to these Terms. By accessing the Site or using any Materials, you agree to the Terms in effect at the time of such access or use. If you do not agree with any of the Terms, you are not authorized to access the Site or use any Materials for any purpose.

Materials may be changed, removed or updated at any time without notice. While Funk Ventures takes precautions to ensure that all information available on this Site is accurate at the time it is made available, a possibility exists that some Materials could include unintentional inaccuracies or typographical errors. Although Funk Ventures attempts to ensure the integrity and accuracy of the Site and the Materials, Funk Ventures makes no guarantee whatsoever as to the correctness or accuracy of the Site or the Materials. In the event that you discover such an inaccuracy, please inform Funk Ventures so that it can be corrected.

Links to other sites. The Site may contain links to websites and services that are operated by persons or companies other than Funk Ventures. Funk Ventures is not responsible for the content of any linked site or any link contained in a linked site. Funk Ventures reserves the right to terminate any link at any time. Funk Ventures' linking to a third party's site does not represent Funk Ventures' endorsement of such website, or the person(s) or company associated with such website or any products or services accessible through such website. If you decide to access any such third party website, you do so at your own risk and Funk Ventures encourages you to review the terms of use, if any, applicable to such websites.

All right, title, and interest to Materials, including the intellectual property rights associated therewith, remain with Funk Ventures and/or its licensors. You obtain only a limited license to use the Materials subject to all of the terms and conditions herein.

Trademarks and copyrights. The contents of this Site are copyright © 1999-2006 Funk Ventures, Inc. All rights reserved. Unauthorized copying, use or distribution is prohibited.

Funk Ventures' name, logo, and other marks used in connection with its products and services are registered trademarks of Funk Ventures, Inc. and are protected by U.S. and international trademark laws. You may not use any of Funk Ventures' trademarks without the express written consent of Funk Ventures. The names of all other products and services mentioned on the Site may be trademarks or service marks of their respective owners.

Unsolicited materials and feedback. Funk Ventures does not wish to receive any unsolicited ideas, comments, suggestions, materials, proposals or information ("Unsolicited Material"). If you do transmit or send any Unsolicited Material to Funk Ventures, via the Site or other means, Funk Ventures will consider such Unsolicited Material to be non-confidential and non-proprietary and Funk Ventures will have no obligations with respect to any Unsolicited Material. From time to time, Funk Ventures may allow you to provide feedback ("Feedback") to Funk Ventures. If you do provide any Feedback to Funk Ventures, Funk Ventures will consider such Feedback to be non-confidential and non-proprietary. Funk Ventures is free to use, without compensation of any kind, any Unsolicited Materials or Feedback in any manner and for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating or based on such Unsolicited Material or Feedback.

No warranty; Limitation of liability. THE SITE AND MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. FUNK VENTURES DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE MATERIALS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL FUNK VENTURES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, OR ANY OTHER INDIRECT OR CONSEQUENTIAL DAMAGES), WHETHER IN AN ACTION OF CONTRACT OR TORT, ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR THE SITE, EVEN IF FUNK VENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Funk Ventures further does not warrant the accuracy or completeness of the Materials or any other items accessible through the Site. Funk Ventures may make changes to the Materials, or to any of its products and services described therein, at any time without notice. Funk Ventures makes no commitment to update any Material.

Applicable Laws. The Site is produced by Funk Ventures from its offices in the United States of America. Funk Ventures makes no representation as to the suitability of the Materials or the Site for use outside of the United States of America. The parties hereby agree that all actions or proceedings arising out of or in connection to the Site or any Material, including your use and/or access of the same, shall be governed by the internal laws of the State of California (USA) excluding its principles of conflicts of laws and shall be tried and litigated exclusively in the State and Federal courts located in the County of Los Angeles, State of California.  The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of the Site or any Material, including your use and/or access of the same in any jurisdiction other than that specified in this paragraph.  Each party hereby waives any right it may have to assert the doctrine of forum non convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Los Angeles, State of California shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to the Site or any Material, including your use and/or access of the same.  Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement.  Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

Jury Trial Waivers.  To the fullest extent permitted by law, and as separately bargained-for-consideration, each party hereby waives any right to trial by jury in any action, suit, proceeding, or counterclaim of any kind arising out of or relating to the Site or any Material, including your use and/or access of the same.

Changes to Terms. Funk Ventures may revise these Terms at any time without notice. You should visit the Site from time to time to review the current Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Miscellaneous. These Terms, including the policies and terms referenced herein, as such may be amended by Funk Ventures from time to time, set forth the entire understanding between you and Funk Ventures regarding your access and use of the Site and the Materials, and supersede any and all prior or contemporaneous agreements or understandings between you and Funk Ventures, as to the subject matter of these Terms. If any provision of these Terms is held to be invalid or unenforceable to any extent, the remainder of these Terms shall not be affected thereby, and each of the remaining provisions shall be valid and be enforced to the fullest extent permitted by law. No waiver of these Terms will be valid, except in the event that the waiver is in writing and signed by an officer of Funk Ventures.

Questions. Please direct any questions concerning these Terms to:

Funk Ventures, Inc.
Attn: Legal Counsel
1427 Third Street Promenade 203
Santa Monica, CA 90401

Last updated - 02/22/06