Terms of Service
FURK.NET TERMS OF SERVICE
1. ACCEPTANCE OF TERMSFurk.net provides the Furk.net Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the TOS at any time by visiting https://www.furk.net/ and clicking on Terms of Service. By accessing and using the Furk.net Services, you accept and agree to be bound by the terms and provisions of the TOS. In addition, when using particular Furk.net owned or operated services, you and Furk.net shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF FURK.NET SERVICESFurk.net provides users with access to files uploaded by other users and files available in the BitTorrent network. Such access permits you to upload or download files. Your access to the BitTorrent network is made available through Furk.net servers. Furk.net servers acts as a proxy on your behalf. None of BitTorrent peers, files or files content are controlled by Furk.net. You must own the rights to the content you're downloading using this site. We do not condone the use of this site for any other purpose. Please contact the tracker owners for information concerning the legitimacy of the torrents data. This site was mainly designed for use with public and freely available torrents, such as Linux or other software distributions. No copyrighted data or any torrent data for that matter is stored on our servers in a user readable form. Download links are only valid for those who initiated the torrent. You understand and agree that the Furk.net Services may include certain communications from Furk.net, such as service announcements and administrative messages, and that these communications are considered part of Furk.net membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features augmenting or enhancing the current Furk.net Services, including the release of new Furk.net properties, shall be subject to these TOS. You understand and agree that the Furk.net Services are provided "AS-IS" and that Furk.net assumes no responsibility for the timeliness, deletion, mis-delivery or failure to post or store any user communications or personalization settings. You further understand that Furk.net Services may be interrupted and Furk.net and the entities providing hosted servers shall not be liable for interruptions. You are responsible for obtaining access to the Furk.net website and the Furk.net Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with your subscription to the Furk.net Services as hereinafter described. In addition, you must provide and are responsible for all equipment necessary to access the Furk.net Services. You understand that the technical processing and transmission of the Furk.net Services, including your postings or content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be aware that some files may contain adult or mature content. Furk.net has no control over files content and unable to provide any content rating. You must be at least 18 years of age to subscribe to Furk.net Services. You acknowledge that Furk.net does not pre-screen, control, edit or endorse Content made available through the Furk.net Services and has no obligation to monitor the Content uploaded via the use of the Furk.net Services. Through our services, you will have access to and you may at some time or another become exposed to materials that you find offensive. Such materials include sexually explicit text and (encoded) images, pro-religious and anti-religious debate, questionable political views, and hateful speech. Furk.net expressly disclaims liability for any harm resulting from encountering such material. Moreover, we cannot be and are not responsible for the contents of any of your communications made via the use of the Furk.net Services. If Furk.net discovers Content (as hereinafter defined) that does not appear to conform to the Terms of Service, Furk.net may investigate and determine in good faith and in its sole discretion whether to have the Content removed. Furk.net will have no liability or responsibility for performance or non-performance of such activities. You acknowledge that Furk.net has absolutely no control over the Content on Usenet.
3. MODIFICATIONS TO FURK.NET SERVICESFurk.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Furk.net Services (or any part thereof) with or without notice. You agree that Furk.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Furk.net Services (or any part thereof). Furk.net reserves the right to modify the user interface that it provides you, and to change the servers which provide you files and to which you upload your files. Furk.net reserves the right to decease the monthly data downloads available for your account.
4. YOUR REGISTRATION OBLIGATIONS AND REPRESENTATIONS TO FURK.NETIn consideration of your use of the Furk.net Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Furk.net Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Furk.net Servicesâ registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Furk.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Furk.net has the right to suspend or terminate your account and refuse any and all current or future use of the Furk.net Services (or any portion thereof). You further represent, warrant and covenant that: (a) you will not use the Furk.net Services in a way that would: (i) restrict or inhibit any other user from using and enjoying the Furk.net Services, (ii) be illegal, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws or regulations, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) introduce or propagate a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind or any deceptive online marketing, (viii) constitute or contain false or misleading indications of origin or statements of fact; or (ix) violate the Acceptable Use Policies of any service or technology accessed through the Furk.net Services: (b) that you are at least eighteen (18) years old; (c) you are not barred from receiving any portion of the Furk.net Services by any applicable law or order; and (d) that all information submitted in connection with your registration is and will remain accurate and complete. Furk.net is concerned about the safety and privacy of all its users. You agree to notify Furk.net immediately of any impending or actual breach of security or other event known to you that may negatively affect the Furk.net Services.
We will begin billing your payment method for monthly, biannual or annual subscription fees corresponding to your subscription plan plus any applicable tax. To view the specific details of your subscription plan, log on at https://www.furk.net/ and click âMy Accountâ once you are logged on to the Furk.net website. We will continue to bill your payment method on a monthly, biannual or annual basis for your membership plan until you cancel. You may cancel your membership at anytime. We offer a number of subscription plans. Our plans may include limits on Gigabyte downloads per month. We reserve the right to modify, terminate or otherwise amend our offered plans or to decease the downloads per month to which you are entitled under a particular plan. Unless otherwise stated differently, your âBilling Cycleâ refers respectively to the monthly, biannual or annual subscription that you chose upon registration.
You may cancel your membership at anytime, and cancellation your will be effective immediately. You will lose any remaining downloads or access. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS. Our pricing for our biannual and annual memberships, as compared to monthly membership, accommodate our no-refund policy. To cancel, log on to https://www.furk.net/ click âMy Accountâ and then click âCancelâ.
We reserve the right to terminate your account for any or no reason. If we terminate your account, we will not refund any payment you made prior to the termination.
Late payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.
Trial period offers. You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a username and password designation upon completing the Furk.net Servicesâ registration process. You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Furk.net of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Furk.net cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Furk.net may establish general practices and limits concerning use of the Furk.net Services, including without limitation the maximum number of days that files or other uploaded Content including but not limited to BitTorrents will be stored by the Furk.net Services, the maximum number of uploads or downloads that may be processed by an account on the Furk.net Services, the maximum size of any file that may downloaded by an account on the Furk.net Services, the maximum disk space that will be allocated on Furk.net's contracted servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Furk.net Services in a given period of time. You agree that Furk.net has no responsibility or liability for the deletion or failure to store any files and other communications or other Content maintained or transmitted by the Furk.net Services. You acknowledge that Furk.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Furk.net reserves the right to modify these general practices and limits from time to time.
8. FURK.NET'S PROPRIETARY RIGHTS
You acknowledge and agree that the Furk.net Services and any necessary software used in connection with the Furk.net Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in any advertisements or information presented to you through the Furk.net Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Furk.net or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Furk.net Services, such Content or the Software, in whole or in part.
9. FURK.NET TRADEMARK INFORMATION
You agree that all of Furk.netâs trademarks, trade names, service marks and other Furk.net logos and brand features, and product and service names are trademarks and the property of Furk.net, Inc. (the "Furk.net Marks"). Without Furk.net's prior permission, you agree not to display or use in any manner the Furk.net Marks.
10. APPROPRIATE MEMBER CONDUCT & ACCEPTABLE USE POLICY
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials including but not limited to uploaded files and torrents ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Furk.net, are entirely responsible for all Content that you upload, download, email, transmit or otherwise make available via the Furk.net Services. Furk.net does not control the Content available via the Furk.net Services, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Furk.net Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Furk.net be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content downloaded, transmitted or otherwise made available via the Furk.net Services. While Furk.net requires appropriate member conduct and Content in connection with use of the Furk.net Services, you understand and agree that you nonetheless may be exposed to inappropriate conduct and/or Content and that you use the Furk.net Services and the Usenet at your own risk.
You agree to not use the Furk.net Services to:
- (A) upload, download, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (B) harm minors in any way;
- (C) impersonate any person or entity, including, but not limited to, Furk.net itself, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (E) upload, downloaed, transmit or otherwise make available any Content 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);
- (F) upload, download, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including the right of privacy ("Rights");
- 7. (H) upload, download, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (I) interfere with or disrupt the Furk.net Services or servers or networks connected to or utilized by the Furk.net Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Furk.net Services, including using any device, software or routine to bypass robot exclusion headers;
- (J) intentionally or unintentionally violate any applicable local, state, national or international law, 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, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- (K) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- (M) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
- (N) create user accounts by automated means or under false or fraudulent pretenses;
- (O) interfere with or disrupt the Furk.net Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- (P) use the Furk.net Services for anything other than personal non-commercial use;
- (Q) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Furk.net Services (including Content, advertisements, Software and your Furk.net ID);
- (R) violate this Policy or run, install, store, transmit or otherwise make available any software, program, product or service that violates this Policy;
- (S) violate any specific instructions given by Furk.net for reasons of health, safety or quality of the Services;
- (T) sabotage any computers, machines or networks, or use or control bots, flooding or cloning or data extraction or gathering tools;
- (U) attempt to interfere with or deny service to any user or host (e.g. denial of service attacks and/or DNS spoofing attacks);
- (V) scan the networks of others for vulnerabilities without authorization;
- (W) execute any form of network monitoring (e.g., using a packet sniffer) or otherwise engage in any monitoring or interception of data not intended for you without authorization;
- (X) attempt to circumvent authentication or security of any host, network, or account ("cracking") without authorization;
- (Y) use any program / script/ command, or send messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
- (Z) "pharming," that is, using malware, DNS cache poisoning or other means to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity's service;
- (AA) use the Furk.net Services in excess of any specified bandwidth limitation for your user account or generate excessive server load on the servers providing the Furk.net Services;
- (BB) attempt to circumvent or alter the process or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Furk.net Services;
- (CC) make any service, resource or part of the Furk.net Services available to others without authorization;
- (DD) hijack IP space;
- (FF) maintain an open mail relay and/or an open proxy;
- (GG) use the Services in connection with or in support of the running of a mail server without a license to run such a server in any jurisdiction where such license is required;
- (HH) be listed on an industry-recognized spam abuse list;
- (II) use meta tags or any other "hidden text" utilizing Furk.netâ name, domain name or trademarks on the Furk.net Services;
- (JJ) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the subparagraphs above; and/or
- (KK) do anything which hereinafter will be widely regarded as network abuse.
You acknowledge that Furk.net or its affiliates or designees may or may not pre-screen Content, but that Furk.net and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is hosted on the servers to which you are given access via the Furk.net Services. Without limiting the foregoing, Furk.net and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Furk.net, including without limitation information in all other parts of the Furk.net Services, or information found in Usenet newsgroups
You acknowledge, consent and agree that Furk.net may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Furk.net, its users and the public.
You understand that the Furk.net Services and software embodied within the Furk.net Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Furk.net and/or content providers who provide content to the Furk.net Services. You may not attempt to override or circumvent any of the usage rules embedded into the Furk.net Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Furk.net Services, in whole or in part, is strictly prohibited.
12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Furk.net Services and transfer, posting and uploading of software, technology, and other technical data via the Furk.net Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Furk.net Services to parties identified on such lists; (b) agree not to use the Furk.net Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Furk.net Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
16. CONTENT UPLOADED OR MADE AVAILABLE VIA THE FURK.NET SERVICES
Furk.net claims no ownership or control over any Content uploaded, downloaded or displayed by you on or through the Service. You retain all patent, trademark and copyright to any Content you upload, download or display on or through the Service and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Furk.net Services, you grant Furk.net a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on the Furk.net Services solely for the purpose of displaying, distributing and promoting the Service or any other Furk.net Services. This license terminates when such Content is deleted from Usenet. Furk.net reserves the right to syndicate Content submitted, posted or displayed by you on or through the Service and use that Content in connection with other services offered by Furk.net. You hereby waive all rights to any claim against Furk.net for any alleged or actual infringements of any proprietary rights, rights of privacy or publicity, moral rights, and rights of attribution in connection with such Content.
17. CONTRIBUTIONS TO FURK.NET
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Furk.net through its suggestion or feedback webpages or email addresses, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Furk.net is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Furk.net shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Furk.net may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Furk.net without any obligation of Furk.net to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Furk.net under any circumstances.
You may terminate your Furk.net account and access to the Furk.net Services by submitting such termination request by clicking the words "Cancel" on the "My Account" page and follow the instructions for cancellation..
You agree that Furk.net may, without prior notice, immediately terminate, limit your access to or suspend your Furk.net account and access to the Furk.net Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) a breach or a violation of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Furk.net Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Furk.net Services. Furk.netâs payment policies and subscription information is located at https://www.furk.net/. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Furk.net's sole discretion and that Furk.net shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Furk.net Services.
Termination of your Furk.net account includes any or all of the following: (a) removal of access to all or part of the offerings within the Furk.net Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), (c) deletion of any Content or any part thereof posted by you, and (d) barring of further use of all or part of the Furk.net Services.
You agree to indemnify and hold Furk.net and its subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Furk.net Services, your use of the Furk.net Services, your connection to the Furk.net Services, your connection to the Usenet, your violation of the TOS, or your violation of any rights of another.
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- (A) YOUR USE OF THE FURK.NET SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE FURK.NET SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FURK.NET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND LICENSEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- (B) FURK.NET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND LICENSEES MAKE NO WARRANTY THAT (i) THE FURK.NET SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE FURK.NET SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FURK.NET SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FURK.NET SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; (v) THAT YOU FIND THE INTERFACE DEVELOPED BY THE SOFTWARE TO BE USER FRIENDLY AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FURK.NET SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FURK.NET OR THROUGH OR FROM THE FURK.NET SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FURK.NET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND LICENSEES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FURK.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE FURK.NET SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FURK.NET SERVICES; OR (e) ANY OTHER MATTER RELATING TO THE FURK.NET SERVICES.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Furk.net respects the intellectual property of others, and we ask our users to do the same. Furk.net may, in its discretion, delete content submitted by, terminate the accounts of, or revoke posting permissions for you or others who may be infringing othersâ intellectual property rights. Furk.net may also, in its discretion, remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity.
25. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Furk.net may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Furk.net Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Furk.net Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Furk.net Services in an authorized manner.
27. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Furk.net and governs your use of the Furk.net Services, superseding any prior version of this TOS between you and Furk.net with respect to the Furk.net Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Furk.net Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Furk.net each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Furk.net, shall be brought exclusively in the courts located in New Jersey, and the U.S. District Court for the District of New Jersey. You and Furk.net agree to submit to the personal jurisdiction of the courts located within the county of New York, Southern District of New York, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Furk.net to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Furk.net account is non-transferable and any rights to your Furk.net ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Furk.net Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to us at abuse&at;furk.net.