Terms & Conditions

IMPORTANT - READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE (THE "WEBSITE"), SUBSCRIBING TO SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE OUR SERVICES AND PRODUCTS, AND THE RELATED SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE "FUNNYBONE TECHNOLOGY").

FUNNYBONE IS WILLING TO PROVIDE YOU WITH LIMITED ACCESS TO THE TECHNOLOGY THROUGH THE WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM FUNNYBONE OR ITS AFFILIATES IN CONNECTION WITH THE FUNNYBONE TECHNOLOGY AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE "AGREEMENT").

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE ACCESSING OR OTHERWISE USING THE FUNNYBONE TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM FUNNYBONE.

AuthorityBy accessing, subscribing, downloading and/or otherwise using the FunnyBone Technology, you certify that you (a) are at least fifteen (15) years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of FunnyBone that may be published within the FunnyBone Technology or the Website. If the person accessing, subscribing and/or otherwise using the Technology is under the age of majority in his/her state of residence, then such person should review and discuss this Agreement with their parent or legal guardian, and by such person's accessing, subscribing, downloading and/or otherwise using the Technology, such person's parent or legal guardian is deemed to have consented to such person's entering into this Agreement and deemed to have agreed to have such person be bound by the terms hereof. Notwithstanding anything to the contrary herein, to access, subscribe to, download and/or otherwise use the Technology for any "R Rated" portion of the Website as described on the Website by FunnyBone, you must be at least eighteen (18) years of age, and by accessing, subscribing, downloading and/or otherwise using the Technology for any "R Rated" portion of the Website as described on the Website by FunnyBone, you certify that you are at least eighteen (18) years of age.

Intellectual PropertyThe FunnyBoneTechnology is privately owned and operated and is protected by copyright and other intellectual property laws under United States and international laws and treaties All rights reserved. The compilation and arrangement of all content, data and other information found within the FunnyBone Technology are also the sole and exclusive property of FunnyBone and its licensors and is protected by U.S. and international intellectual property laws. The "look and feel" of the FunnyBone Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary and fully protected under U.S. and international intellectual property laws.

Use of the FunnyBone TechnologySubject to the terms and conditions set forth herein and any third party restrictions, FunnyBone grants you a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by FunnyBone for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the Technology; provided you retain all copyright and proprietary notices contained in the original materials or any copies thereof.

All rights to ownership or use not expressly stated herein are reserved and FunnyBone disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Technology, or any part thereof, including, but not limited to, using any part of the Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of FunnyBone, its affiliates, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use FunnyBone Technology to harm minors in any way; (viii) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using FunnyBone Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the FunnyBone Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the FunnyBone Technology or servers or networks connected to the FunnyBone Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the FunnyBone Technology (including, but not limited, to the Website); and (xiv) "stalk" or otherwise harass another; or collect or store personal data about other users.

You agree not to access the FunnyBone Technology by any means other than through the means that is provided by FunnyBone for use in accessing the FunnyBone Technology.

By posting information or other materials on the Website or within the FunnyBone Technology or by making such information available for downloading by you, FunnyBone does not waive any proprietary right in and to the FunnyBone Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the FunnyBone Technology except for the limited license expressly granted herein.

SubmissionsExcept as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to FunnyBone through the FunnyBone Technology (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to FunnyBone, you hereby grant FunnyBone and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the FunnyBone Technology and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the FunnyBone on the Website and/or in this Agreement.

Any Submission you provide to FunnyBone will be deemed public information and not subject to any confidentiality obligation and FunnyBone shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, FunnyBone' Privacy Policy shall govern FunnyBone's use of such information.

By making a Submission, you waive the right to make any claim against FunnyBone, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for FunnyBone or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the FunnyBone Technology in order to keep that information true, accurate, current and complete.

You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.

Participation DisclaimerFunnyBone does not and cannot review all Submissions posted to or created by users accessing the FunnyBone Technology (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the FunnyBone Technology (including, but not limited to, the Website), FunnyBone is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities. FunnyBone and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. FunnyBone and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, FunnyBone reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to FunnyBone in its sole discretion.

TrademarksAny and all trademarks displayed within the FunnyBone Technology are owned by FunnyBone, its licensors or its affiliates, or are the property of third parties (in which case FunnyBone makes no claim of ownership rights therein).

ConfidentialityAt all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of FunnyBone. "Confidential Information" means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to FunnyBone or its licensors, including, but not limited to, all parts of the FunnyBone Technology and any other materials or information related to the business or activities of FunnyBone that are not generally known to others engaged in similar businesses or activities.

Warranty DisclaimerYOU ACCESS AND USE THE FUNNYBONE TECHNOLOGY AT YOUR SOLE RISK. THE FUNNYBONE TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FUNNYBONE and its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers and shareholders DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. Without limiting the foregoing, FunnyBone and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not represent or warrant that (a) the FunnyBone Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the FunnyBone Technology will be corrected, (c) the FunnyBone Technology or the servers that operate the FunnyBone Technology are free of viruses or other harmful components, (d) the data, results and information within the FunnyBone Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the FunnyBone Technology will meet your needs, requirements or expectations.

FunnyBone may make changes to the content within the FunnyBone Technology or to the products or services described in it, at any time without notice to you. Further, FunnyBone and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no liability or responsibility for any errors or omissions in the content within the FunnyBone Technology. The materials in the FunnyBone Technology may be out of date or inaccurate, and FunnyBone and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders specifically disclaim any duty to update such content. Any material downloaded or otherwise obtained by you through the use of the FunnyBone Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses and other forms of malware or badware.

You acknowledge and agree that FunnyBone and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by FunnyBone. You acknowledge and agree that FunnyBone and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the FunnyBone Technology provided by any other user of the Website or any third party licensors or suppliers of FunnyBone.

Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the FunnyBone Technology, and no warranties shall apply after such period.

Limitation of LiabilityNEITHER FUNNYBONE, its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers, shareholders, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE FUNNYBONE TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE FUNNYBONE TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE FUNNYBONE TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE FUNNYBONE TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE FUNNYBONE TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE FUNNYBONE TECHNOLOGY WHETHER OR NOT FUNNYBONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL FUNNYBONE' and its respective parents, subsidiaries, affiliates, successors, ASSIGNS, employees, agents, directors, officers and shareholders' AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO FUNNYBONE FOR ACCESS AND USE OF THE FUNNYBONE TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE FUNNYBONE TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.

Access to the FunnyBone TechnologyYou shall be responsible for obtaining access to the FunnyBone Technology and for all equipment necessary to access the FunnyBone Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the FunnyBone Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges, and associated taxes.

Passwords and Your ObligationsYou may be asked to register as a member on certain pages or services within the FunnyBone Technology and to select a unique username and password in order to be able to access your account and use any of the FunnyBone Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify FunnyBone in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.

Please notify us immediately of any unauthorized use of your user name and password via email to EMAIL.

SecurityThe FunnyBone Technology resides on the public internet. FunnyBone uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to FunnyBone and information stored on servers controlled by FunnyBone. Notwithstanding these efforts, FunnyBone cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the FunnyBone Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the FunnyBone Technology, overloading, "flooding," "mailbombing" or "crashing" the FunnyBone Technology. Violations of system or network security may result in civil or criminal liability. FunnyBone reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Applicable LawsSubject to the terms and conditions set forth herein, you may use the FunnyBone Technology only for lawful purposes. The FunnyBone Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law that are applicable to the use of the FunnyBone Technology and to your Submission.

IndemnificationYou agree to indemnify, defend, and hold harmless FunnyBone, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the FunnyBone Technology; and (d) any use of your Submission by FunnyBone or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive this Agreement and your use of the FunnyBone Technology.

TerminationYou agree that FunnyBone, at its sole discretion, may terminate or suspend your access to and use of the FunnyBone Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if FunnyBone believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. FunnyBone reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the FunnyBone Technology (or any part thereof) without notice. You agree that FunnyBone and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the FunnyBone Technology. Your obligations under this Agreement shall continue even after FunnyBone has terminated and/or cancelled this Agreement or your access to the FunnyBone Technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to FunnyBone for use of your Submission.

Resale ProhibitedProducts sold from the Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, FunnyBone reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.

Product Display/Colors & SpecificationsThe FunnyBone Technology (including, but not limited to, the Website) attempts to display product images shown through it as accurately as possible. However, FunnyBone and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the FunnyBone Technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.

Features, pricing and specifications of products and/or services described or depicted through the FunnyBone Technology (including, but not limited to, the Website) are subject to change at any time without notice. Weights and measures are approximate.

Applicability of ContentThe Website is intended for residents of the United States and is operated in the State of New York, United States of America. FunnyBone and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders make no representation that the content provided through the FunnyBone Technology is applicable or appropriate for use in jurisdictions other than the United States of America. If you access the FunnyBone Technology (including, but not limited to, the Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the FunnyBone Technology, you may not view or use the FunnyBone Technology.

Privacy PolicyWe realize that you are concerned about how the information you provide online will be used. FunnyBone has a Privacy Policy that discloses what information FunnyBone collects about you, how FunnyBone uses such information, the steps FunnyBone takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available on the Website and is incorporated herein by this reference. Please read our Privacy Policy for more details.

JurisdictionThis Agreement shall be governed and construed in all respects by the laws of the State of New York, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the FunnyBone Technology (including, but not limited to the Website) is deemed a passive website that does not give rise to personal jurisdiction over FunnyBone or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree to submit to the exclusive jurisdiction of the courts of the State of New York located in the County of New York or the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

FunnyBone Intellectual Property NoticeFunnyBone has designated the person listed below as its agent to receive notifications of alleged copyright infringement on the Website. FunnyBone respects the intellectual property of others, and asks our users to do the same. FunnyBone will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FunnyBone' IP Agent the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(c)(3) of the Copyright Act for more information) (the "Notice"):

• (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• (b) a specific description of the copyrighted work or other intellectual property that you claim has been infringed;
• (c) a specific description of where the material that you claim has been infringed is located in the FunnyBone Technology sufficient to permit FunnyBone to locate the material;
• (d) your address, telephone number and email address;
• (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
• (f) a statement by you that the information in your Notice is accurate and a statement made under penalty of perjury that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please provide the FunnyBone' IP Agent with the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(g)(3) of the Copyright Act) (the "Counter Notice"):

• (a) a physical or electronic signature of the subscriber of the FunnyBone Technology;
• (b) identification of the material that has been removed or to which access has been di