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TERMS OF USE


Last Modified: November 2013

In consideration for permitting your access to our Website and other good and valuable consideration, the receipt and sufficiency of which is hereby irrevocably acknowledged, you agree as follows:

These terms and conditions of use (“Terms”) govern your access to and use of FuntabulousTek Inc.’s (“we”, “us” or “our”) website, applications and social network (“Website”).

THERE ARE TERMS THAT, AMONG OTHER THINGS, LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU. BY CHECKING THE APPROPRIATE BOX, JOINING THE WEBSITE VIA FACEBOOK CONNECT OR BY SIMPLY USING OUR WEBSITE AND SERVICE YOU, THE USER (HEREIN “YOU” OR “YOUR”) REPRESENT AND WARRANT THAT:

1. YOU ARE THE AGE OF MAJORITY.

2. YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.

3. YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY AND AGREE TO BE BOUND BY IT.

4. YOU HAVE READ AND UNDERSTAND OUR “ACCEPTABLE USE” POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE, AND AGREE TO BE BOUND BY IT.

IF YOU ARE NOT THE AGE OF MAJORITY OR DO NOT AGREE TO THE TERMS, THE ACCEPTABLE USE POLICY OR OUR PRIVACY POLICY, PLEASE STOP USING THE WEBSITE AND CONTACT US IMMIDIATELY.

IF YOU ARE USING THE WEBSITE AND SERVICE ON BEHALF OF OR IN THE EMPLOY AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, “YOU” AND “YOUR” WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY.

FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN EXPRESS AGREEMENT BETWEEN YOU AND US.

AMENDMENTS

AS OUR WEBSITE CONTINUES TO EVOLVE, WE MAY AT ANY TIME REVISE THESE TERMS BY UPDATING THIS PAGE. THE DATE OF THE LAST VERSION OF THE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU SHALL IMMEDIATELY STOP ACCESSING THE WEBSITE AND CONTACT US IMMEDIATELY.


Privacy

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you represent and warrant that all data provided by you is accurate.

About Our Website and Service

FuntabulousTek Inc.’s Website comprises a social media network where people discuss investments, including but not limited to stocks, real estate, mutual funds, currency, derivatives and registered savings plans. Some of the content on the Website is generated by us (“Content”). You and other users will also generate content during the course of using the Website (“User Generated Content”). Collectively, Content and User Generated Content shall hereinafter be referred to as (“All Content”).

Account Types

All site users are required to sign up for an account by providing your name and other details, as specified on the Website. You may also become a site user by using your Facebook, LinkedIn or Twitter account.

• Free Access. Upon signing up, access to Website is free. We hereby grant you a worldwide, non-transferable, non-exclusive license to access the information on the Website in accordance with these Terms, but reserve the right to revoke said license and your access to our Website without cause or justification.

• Premium/Professional Users. On a payment basis, we grant private account access to certain portions and functionality of our Website to “Premium User(s)”. Premium users have the ability to advertise their products or services on the Website. Fees are setout on the Website and may be amended from time-to-time. As a Premium User you agree to pay the fees specified on the Website.

Account Security

You are responsible for safeguarding the password you use to access the Website and you agree not to disclose your password to any third party. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.

Private User Subscription Fees

Premium User fees for advertising and access are subject to change and may be updated on the Website from time to time. Additional terms, including but not limited to price, subscription duration, account access and payment will apply to Premium Users upon proceeding to payment. Fees, subscription duration and payments terms are available on the Website and form part of this binding agreement.

Intellectual Property

Access to your account is not transferrable and is only intended for the individual or entity that has paid the relevant fees and/or signed up for an account. Content owned by us, including but not limited to source code, videos, images and any corresponding copyright or other intellectual property, remains our property. You are not permitted to reuse, repurpose or create derivative products from it for commercial or personal purposes.

All Content and any corresponding copyright or other intellectual property rights, remain our property or the property of the individual user who created it. However, you hereby grant us a worldwide, non-exclusive and irrevocable license to use your User Generated Content for any purpose. You represent and warrant that you have the right to publish your User Generated Content and that you are not infringing on the rights of any third party by doing so.

Any unauthorized use of our Content, or any User Generated Content, will be prosecuted to the fullest extent of the law.

Linked Sites

Whether or not affiliated with sites that may be linked to or from our Website, we are not responsible for their content (the “Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk. We provide links and references to material on other websites not owned or operated by us. Links found on our Website and online Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.

ACCEPTANCE OF RISK

YOU ACKNOWLEDGE THAT INVESTING IS INHERENTLY RISKY. YOU MAY NOT RELY ON CONTENT, OR USER GENERATED CONTENT, TO MAKE INVESTMENT DECISIONS.

EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THE INFORMATION AND ALL CONTENT DISPLAYED ON THE WEBSITE IS DERIVED FROM A VARIETY OF SOURCES, HISTORIC AND CURRENT. YOU AGREE THAT WHILE WE STRIVE TO BRING YOU ACCURATE, HELPFUL AND SUITABLE INFORMATION, WE DO NOT GUARANTEE THE ACCURACY, SUITABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION, CONTENT OR USER GENERATED CONTENT, POSTED ON THE WEBSITE OR MADE AVAILABLE THROUGH OUR WEBSITE, ONLINE SERVICE OR OTHERWISE.

WHILE SOME OF OUR USERS MAY BE, OR PURPORT TO BE, PROFESSIONALS OR EXPERTS YOU SHOULD NOT RELY ON ANY INFORMATION. YOU MUST INDEPENDENTLY EVALUATE AND CONFIRM THE INFORMATION AS YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL INVESTMENT DECISIONS YOU MAKE.

YOU AGREE THAT WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED WEBSITE, WE DO NOT GUARANTEE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.

LIMITATION ON LIABILITY

YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, PERSONAL INJURY OR DEATH) DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENESORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY) TO US.

YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PREMIUM USER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT, OR FOR PUBLIC USERS, GRANT ACCESS TO THE WEBSITES AND SERVICE, WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

Prohibited Use


Further to our “Acceptable Use” policy, you may only use our site and collect information on our site for lawful purposes. You may not use our Website:

• In any way that breaches any applicable local, national or international law or regulation. Without limiting the generality of the forgoing, you particularly agree not to use the Website to breach any securities laws such as, among other things, insider trading laws;

• To modify, reverse engineer, decompile or disassemble the Website or take any measures to damage or replicate it;

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

• To transmit, or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (i.e. spam); or

• To knowingly transmit any data, send, submit or upload any material that contains false information, viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, malware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or cause damage to our Website, Service or our hardware including our servers.

Indemnification

You agree to indemnify us, our affiliates, employees, shareholders, directors, agents, licensors, representatives and contractors, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from your User Generated Content, from your unauthorized use of material obtained through the Website, or from your breach of these Terms or the Acceptable Use policy, or from any such acts through your use of the Website.

Law of the Contract, Jurisdiction and Interpretation

This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, as it is applied to agreements entered into and to be performed entirely within such province. Any action you or any third party brings in connection with any matters related to the Website or these Terms, shall be brought only in the courts of the Province of Ontario, and you expressly consent to the jurisdiction of said courts.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as drafted, shall substitute.

Class Proceedings & Trial by Jury

You waive your right to participate in any class action lawsuits (or arbitrations) against us, our contractors, assigns, successors, licensors, employees, shareholders and directors. You further waive any right to a trial by jury, should such a right exist in relation to any legal dispute connected to or in anyway arising out of these Terms or the use of our Website.

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.

Termination

Though we would much rather you stay, you can stop using our Website at any time. We reserve the right to suspend your account or access to our Website at any time, with or without cause, and with or without notice. Your leaving or deleting your account or our suspension or termination of your access to our Website, shall not terminate this agreement.

Attachment: Acceptable Use Policy http://www.investripple.com/acceptable-use-policy/