Terms of Service

This Terms of Service has been posted and is effective as of January 15, 2015.

Welcome to Fuhu. Fuhu, Inc. and its affiliates ("Fuhu") provide web properties and applications (each, a "Fuhu Property"). Your use of the Fuhu Properties is subject to these terms and conditions ("Terms"). If you visit or use a Fuhu Property, you accept these Terms and Conditions (the "Terms"). Please read them carefully.

Certain Fuhu services may have specific additional terms, conditions and guidelines applicable to them ("Additional Terms"). If there is any are inconsistency between these Terms and the Additional Terms, the Additional Terms will control. Fuhu reserves the right to deny access to the site to any person who violates these Terms.

COPYRIGHT

All content included, used in or transmitted through the Fuhu Properties, such as text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as the selection and arrangement of such content, is the property of Fuhu or its content suppliers.

TRADEMARKS

FUHU, FOOZ, URFOOZ, FOOZ CREATOR, FOOZ WORLD, FOOZ MALL, FOOZ NATION, FOOZ KIDS, SPINLETS, SPINLETS GALLERY, SPINLETS LAB, SPINLETS BUILDER, KUNGFOOZ, URSPIN, and other Fuhu graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Fuhu in the U.S. and/or other countries. Fuhu's trademarks and trade dress may not be used in connection with any product or service that is not Fuhu's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fuhu. All other trademarks not owned by Fuhu that appear on a Fuhu Property are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fuhu.

LICENSE AND SITE ACCESS

Subject to any registration requirements that may apply for a specific Fuhu Property, Fuhu grants you a limited license to access and make personal use of the applicable Fuhu Property and related services and not to download (other than page caching) or modify it, or any portion of it, except as may be specifically permitted by Fuhu by use of the features and functions specifically made available to you as part of the Fuhu Property (for example, a customizable avatar or downloadable widget). This license does not include any resale or commercial use of the Fuhu Property or its contents, any derivative use of the Fuhu Property or its contents, any downloading or copying of account information for the benefit of another person or entity, or any use of data mining, robots, or similar data gathering and extraction tools. The Fuhu Properties, or any portion of them, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fuhu. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fuhu or its licensors without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Fuhu name or trademarks without the express written consent of Fuhu. Any unauthorized use terminates the permissions or licenses granted by Fuhu. You may not create any hyperlinks to any pages or content of a Fuhu Property without the express prior written agreement of Fuhu.

THIRD PARTY CONTENT

Certain information and content on the Fuhu Properties may be provided by third party licensors and suppliers ("Third Party Content"). The Third Party Content is the copyrighted and/or trademarked work of its owner. Unless you have permission from the owner of the Third Party Content or as otherwise set forth in these Terms, you agree to only display the Third Party Content solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content or as otherwise expressly authorized in these Terms. You hereby indemnify and hold Fuhu and all providers/licensors of Third Party Content harmless from any third party claims related to your use of the Third Party Content in any manner other than authorized hereunder.

YOUR ACCOUNT

If you use a Fuhu Property, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Fuhu reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

ELIGIBILITY

Fuhu will only knowingly provide access to the Fuhu Property to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use a Fuhu Property only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Fuhu Properties are not intended for children under the age of 13. If a specific Fuhu Property is intended for children under the age of 13 you will be required to separately agree to a Children’s Privacy Policy and additional terms will apply.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You acknowledge that you are responsible for all material you submit, post or otherwise make available on a Fuhu Property, including without limitation, any content, any "virtual products" or other items you develop or upload, avatar names, avatar profiles, reviews, comments, suggestions, chat, messaging, message board or other communications (each a "Submission") and that you, and not Fuhu , bear full responsibility for each such Submission you make, including its legality, reliability, appropriateness, trademark and copyright ownership and rights clearances.

By placing material on a Fuhu Property, such as by posting or uploading content or communications to a Fuhu Property, for example, to any bulletin board, forum, message or chat area, or posting text, reviews, comments, images, audio files or other audio-visual content ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content complies with these Terms.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin content. Fuhu reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of a Fuhu Property that specifically ask for unique, fictitious names).

YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY ORIGINAL USER CONTENT YOU CREATE AND SUBMIT TO FUHU. If you do post content or submit material, and unless we indicate otherwise, you grant Fuhu a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, reproduce, publicly perform and publicly display the User Content in any media (whether now known or not currently known or invented). You grant Fuhu and sublicensees the right to use the name that you submit in connection with such User Content, if they choose. You agree to indemnify and hold Fuhu, its affiliates, and agents harmless from and against all claims, royalties, fees, damages and any other monies owing resulting from User Content you supply. Fuhu has the right but not the obligation to monitor and edit or remove any activity or content. Fuhu takes no responsibility and assumes no liability for any content posted by you or any third party.

SITE RULES

When posting User Content to or otherwise using a Fuhu Property, you agree:

• Not to post content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable

• Not to use explicit/obscene language or solicit/post sexually explicit images (actual or simulated) or to participate in racially, ethnically, or otherwise offensive language

• Not to use explicit/obscene language or solicit/post sexually explicit images (actual or simulated) or to participate in racially, ethnically, or otherwise offensive language

• Not to harass, stalk, threaten, defame, abuse, or otherwise violate the legal rights (such as rights of privacy and publicity) of others

• Not to post content involving hate speech or materials urging acts of terrorism or violence

• Not to post content that depicts cruelty to animals

• Not to post content involving illegal drugs or paraphernalia, discuss or incite illegal activity or encouraging the violation of any law, rule or regulation

• Not to target persons under the age of 13 or post any content or take any action that exploits children or minors

• Not to post any content that is mature or adult in nature or that is inappropriate for a general audience

• Not to post content that would be harmful to minors, depicts minors involved in sexual activity or that constitutes child pornography

• Not to misrepresent your age in a manner that, if you are an adult makes you appear to be a minor or, if you are a minor, is anything but your actual age

• Not to post content involving illegal drugs or paraphernalia, discuss or incite illegal activity or encouraging the violation of any law, rule or regulation

• Not to post any copyrighted or trademarked materials without the express permission from the owner or otherwise infringe the intellectual property or moral rights of any person or entity

• Not to post messages that are "off topic", that disrupt the flow of chat or that include abusive or vulgar language

• Not to solicit a user's password or other account information

• Not to harvest user names, aliases, email addresses or other personal information made available to you as part of the regular features or functions of a Fuhu Property regarding a user for any purpose other than your personal use in your interactions on a Fuhu Property

• Not to post information that includes or makes available another person’s personally identifiable information (such as, his or her real name, postal address, e-mail address, phone number, employer or school)

• Not to disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, mass mailings, or any such solicitation

• Not to post anything that may trigger a PhotoSensitive Epilepsy (PSE) episode, including, for example, any content with flashing lights

• Not to impersonate or represent Fuhu, our staff or other industry professionals

• Not to alter or interfere with any Fuhu Property, products or operations by employment of scripts, code, bots, or similar means

• Not to upload or otherwise introduce any spyware, adware, or other malicious programs or code to a Fuhu Property

This list of prohibitions provides examples and is not complete or exclusive. Fuhu reserves the right, with or without cause and wit including, for example, any content with flashing lights

• This list of prohibitions provides examples and is not complete or exclusive. Fuhu reserves the right, with or without cause and with or without notice, for any reason or no reason, to terminate your access to your account and/or refuse, delete, remove or, if applicable, reclassify any User Content.

Fuhu reserves the right to restrict the number of messages which you are allowed to send to other users to a number that Fuhu deems appropriate in Fuhu's sole discretion.

Fuhu may report to law enforcement or other appropriate government authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct. When legally required or at Fuhu's discretion, Fuhu will cooperate with law enforcement or appropriate government agencies in any investigation.

You hereby acknowledge and agree that in using this Site, you may be exposed to content that may be offensive or objectionable to you. Your access to and use of a Fuhu Property is at your own risk and Fuhu is not responsible for any offensive, harmful or otherwise objectionable materials that may be posted by any third party. You understand that your interactions and dealings with other users of this Site are solely between you and such other user. Fuhu is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and Fuhu has no obligation to become involved in any resulting dispute. YOU AGREE THAT ALL USER CONTENT SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND FUHU WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR SUCH CONTENT.

These prohibitions do not require Fuhu to monitor, police, or remove any User Content or other information submitted by you or any other user, and Fuhu disclaims any obligation or responsibility to do so.

YOUR UNAUTHORIZED ACTIVITIES

You agree to indemnify and hold Fuhu, its affiliates and its and their officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Fuhu or any other indemnified party suffers arising from or in connection wuhu is not responsible for any loss, harm or damage of any so a third party that your use of a Fuhu Property or the use of a Fuhu Property by any person using your user name and/or password violates any these Terms, any Additional Terms, any applicable law, rule or regulation, or the copyrights, trademark rights, other intellectual property or moral rights, or any other rights of any third party.

TERMS AND CONDITIONS OF SALE

Every order you place through a Fuhu Property will be treated as an offer to purchase the product you have selected. Our acceptance of each offer is expressly subject to and conditional upon your acceptance of and compliance with these Terms and any applicable Additional Terms. We may accept your offer either through an e-mail confirmation or through delivery of the items you requested.

All prices are subject to change without notice. We may revise or modify products or product information without notice. We are not responsible for typographical or printing errors.

You agree to pay all fees, subscription fees, charges and/or associated taxes ("Fees") applicable to your use of the Fuhu Properties. Applicable taxes or other service charges (if any) are not included in the prices, but will be added to your invoice and will be visible at check out before you complete your purchase. Third party service fees may apply to your purchases, such as, for example, service fees imposed by payment processors. We will collect sales tax in the states we are required by law to do so. You must disclose your state and country of residence when ordering.

If you do not pay on time or if Fuhu cannot charge your credit card, PayPal or other payment method for any reason, Fuhu reserves the right to either suspend or terminate your access to the Fuhu Properties and your account. You agree Fuhu is permitted to bill you for the applicable Fees you may incur in connection with your use of a Fuhu Property and the Fees will be billed to your credit card, PayPal or other payment method designated in your registration information. If you dispute these charges at any time, Fuhu has the right to contest the dispute and you agree that Fuhu may give all details of the disputed transaction to a third party handling or attempting to resolve the dispute. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Fuhu may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees.

When you purchase items or services on a Fuhu Property with cash or monetary equivalents, your purchases are non-refundable and are made at your own risk. Fuhu is under no obligation to provide any refund (either in cash or in credits) for any item that does not conform to your expectations, that becomes disabled, or that is removed or altered by the developer or by Fuhu for any reason. All products, including virtual products, credits and prepaid accounts are non-refundable, except, in our sole and absolute discretion.

We shall not be in default if delivery of a product you have purchased is delayed or rendered impossible by any cause or causes beyond Fuhu’s reasonable control, including but not limited to acts of God, acts or omissions of any government or any government officer, department, or agency, fire, storm, flood, earthquake, accident, acts of the public enemy, war, rebellion, failure of telecommunications services, public utilities or an Internet outages, insurrection, riot, invasion, strikes or lockouts.

Virtual products you purchase will be made available for your use as soon as reasonably practicable. If you have any billing problem or question, please contact support@fuhu.com

Virtual products you purchase will be made available for your use as soon as reasonably practicable. If you ha Credits cannot be used for any kind of wagering, betting or gamb support@fuhu.cosion, strikes or lockouts.

Virtual products ot to create, employ, or utilize any parallel form of virtual currency in connection with any transaction on a Fuhu Property. Fuu purchase will be made available for your use as soon as rearedits via third parties, but Fuhu does not assume any responsibility associated with your transactions with such third parties. Fuhu is the sole owner of Credits, and as such, retains all intellectual property rights in them. You acknowledge that at no time do you own, nor have any right to, the intellectual property in the Credits. You are prohibited from reselling or distributing Credits without the expressed written consent of Fuhu.

OTHER BUSINESSES

Fuhu may use third parties to provide certain products, content or services accessible through the Fuhu Property(s). In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating them, and we do not are not respon, retains all intellectual property rights in them. You acknowledge that at no time do you own, nor have any right to, the intellectual property in the Credits. You are prohibited from reselling or distributing Credits without the expressed written consent of Fuhu.

OTHER BUSINESSES

Fuhu may use third parties to provide certain products, content or services accessible throu OF WARRANTIES AND LIMITATION OF LIABILITY

THE FUHU PROPERTIES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUHU PROPERTIES ARE PROVIDED BY FUHU ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FUHU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUHU PROPERTIES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FUHU PROPERTIES IS AT YOUR SOLE RISK. FUHU DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CT DESCRIPTIONS OR OTHER CONTENT OF THIS SITE IS ACCURATE, COPPLICABLE LAW, FUHU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUHU DOES NOT WARRANT THAT THE FUHU PROPERTIES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUHU PROPERTIES; THEIR SERVERS; OR E-MAIL SENT FROM FUHU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUHU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FUHU PROPERTIES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FUHU PROPERTIES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES ERTIES; THEIR SERVERS; OR E-MAIL SENT FROM FUHU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FUHU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FUHU PROPEDITIONAL RIGHTS.

APPLICABLE LAW

By visiting a Fuhu Property, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Fuhu.

DISPUTES

Any dispute relating in any way to your visit to a MPLIED WARRANTIES ERTIES; THEIR SERVERS; OR E-MAIL SENT FROM by Fuhu or through a Fuhu Property in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Los Angeles, California, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to the Fuhu PropertF THE FUHU PROPEDITIONAL RIGHTS.

APPLICABLE LAW

By visitinges, and these Terms at any time. Your continued use of a Fuhu Property following posting of a change notice or new terms of use on a Fuhu Property will constitute binding acceptance of the changes. If any part of the Terms shall be deemed invalid, void, or for any reason unenforceable, that part shall no longer apply and the remainder of the Terms shall continue to be enforceable.

OUR ADDRESS

Fuhu, Inc.

1700 E. Walnut Ave., 5th Fl.

El Segundo, CA 90245

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Fuhu respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fuhu’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Fuhu that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site, including the URL and the product ID number, if applicable;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Fuhu’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Copyright Agent
Fuhu, Inc.
1700 E. Walnut Ave., 5th Fl.
El Segundo, CA 90245
phone: 310.227.8230
fax: 310.356.3656
e-mail: copyright@fuhu.com

Last updated: April 19, 2016

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