Fun Facts Terms & Conditions
Welcome to Fun Fact! The Fun Facts Website (the “Site”) and Fun Facts mobile application (the “App” and together with the Site, the “Service”) is owned and operated by Monty Media, LLC (“Monty,” “Company,” “we,” or “us”). We are making the Service available to you subject to the following terms and conditions of service (the “Terms”). The Terms are a legal contract between you and Monty regarding your use of the Service (you and others using the Service will be referred to as “Users”).
By accessing the Site or App, or continuing to use the Service, you acknowledge that you (1) are at least 18 years old or any older legal age as required to form a contract in your jurisdiction, (2) you have the right, authority, and legal capacity to accept these Terms, (3) you have read, understood, and agree to be bound by these Terms with respect to yourself and any minor children authorized by you. If you do not agree to these Terms at any time, please do not use the Service.
Please read these Terms carefully, especially Section 4, which contains a MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS CLAIMS. You may contact us at email@example.com if there is anything in these Terms that you do not understand.
1. Applicable Terms and Policies
a. Guidelines. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features. All such guidelines are hereby incorporated by reference into these Terms.
c. Modifications. From time to time, we may modify the Terms. If we do so, we will make the modified Terms available through the Service and will indicate the date of the latest revision. We encourage you to review the Terms periodically for changes. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood, and agreed to the current version of the Terms. If you do not agree with any changes to the Terms, you must cease using the Service.
You may not use the Services for commercial purposes or in any way that is unlawful or harms Monty or any other person or entity.
2. Our Proprietary Rights
a. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Monty and our licensors and certain other third-parties. Our Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title, and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service, including in any Content. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service will be the sole and exclusive property of Monty Media LLC, and you hereby irrevocably assign to us all of your rights, title, and interest in and to the foregoing.
b. Restrictions. You may not (a) copy, modify or distribute the Service for any purpose; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Service to any third party; (c) decompile, reverse-engineer, disassemble, or create derivative works of the Service, or otherwise attempt to discover the source code of the Service; (d) make the functionality of the Service available to multiple users through any means; or (e) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
3. Our License to You.
Subject to your compliance with these Terms, and without prejudice to any other terms set forth in these Terms, we grant you a limited, non-exclusive, revocable, and non-assignable license, without the right to sublicense, to access, download and use the Service solely for your personal, non-commercial entertainment use. We reserve all rights in the Service not expressly granted to you in these Terms.
You agree not to delete or in any manner alter the copyright, trademark, or other proprietary rights notices or markings which may appear on the Service.
You agree not to (a) interfere with, damage, impair, or disable the Service’s operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (b) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users, or use the Service for commercial purposes; (c) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express consent or bypass our robot exclusion headers or similar measures; (d) remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations; (e) misuse Monty’s intellectual property; (f) attempt to gain unauthorized access to the Service, computer systems or networks connected to the Service through hacking, password mining, or any other means; (g) deep-link to the Service, and you agree you will promptly remove any links that Company finds objectionable in its sole discretion; (h) send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; (i) solicit personal information from anyone without their consent including but not limited to minors, or submit or transmit pornography; (j) reformat or frame any portion of the Service; (k) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Service; or (l) impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals.
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms includes without limitation, the unauthorized copying or download of our audio or video content from the Services, or any other conduct that Monty determines, in its sole and absolute discretion, violates these Terms.
5. User Content.
(a) Your Responsibility Regarding User Content.
You are solely responsible for any communications, texts, images, and other data, information and content that you submit in the Service or transmit to other users of the Service (collectively, “User Content”). You are responsible for complying with all laws applicable to your User Content. You agree not to submit to the Service or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, or rights of privacy or publicity). You agree not to use the User Content of other users without their express written consent. We may, in our sole discretion and without notice, review and delete any User Content, but are under no obligation to do so.
(b) Screening of Content.
Monty has no responsibility for the conduct of any user in or outside the Service, including without limitation any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all use of the Service or all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content with which you disagree or that is offensive or inaccurate. At Monty’s sole and absolute discretion, we may, but we have no obligation to, engage in monitoring and/or recording of your use of the Service. By accepting these Terms, you provide your irrevocable consent to such monitoring and recording.
You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content. For the avoidance of any doubt, regardless of whether we, in our sole discretion, choose to monitor the Service, we shall not be responsible for any User Content and assume no obligation to modify or remove any inappropriate User Content.
(c) Rights to User Content
You acknowledge and agree, and you hereby grant to us a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to use, track, store, index, cache, copy, distribute, broadcast, transmit, publicly display and perform, reproduce, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit: (i) your Fun Facts; (ii) your Fun Fact play sessions; (iii) your presence on the Service; (iv) any User Content that you may submit; and (v) other Service usage information, in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format.
(d) Prohibited Content
The following types of User Content are examples of User Content that is prohibited in the Service:
User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual:
- Harassing User Content;
- “Junk mail”, “chain letters,” or “spam”;
- User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; and
- User Content of commercial nature without authorization from us.
If you see any material in the Service that in your good faith belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at firstname.lastname@example.org.
For instructions on how to report intellectual property issues, please see section 8 below.
(e) User Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Service (“Submissions”) provided by you are non-confidential and shall become our sole property and you assign all rights in these Submissions to Monty. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. Dispute Resolution
Mandatory, Bilateral Arbitration. Please read this carefully. It affects your rights. YOU AND MONTY AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR MONTY’S SERVICES SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory.
Arbitration Rules and Governing Law
Notwithstanding your and Monty’s agreement that New York law governs interpretation and application of these Terms generally, you and Monty further hereby agree that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration.
Unless you and Monty agree otherwise in writing, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to JAMS Streamlined Arbitration Rules and Procedures (JAMS Streamlined Rules”), as modified by this agreement, and consistent with JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards”). The arbitrator must honor the terms and limitations in the agreement and can award damages and relief, including any attorneys’ fees authorized by law. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MONTY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding JAMS Streamlined Rule 8(b), you and Monty agree that any dispute as to the arbitrability of a claim brought by either you or Monty shall be resolved by a court of competent jurisdiction.
THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND MONTY ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND MONTY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
The Arbitrator’s Decision
The arbitrator will render an award in accordance with JAMS Streamlined Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Monty will not seek, and hereby waives all rights Monty may have under applicable law to recover, attorneys’ fees and expenses if Monty prevails in arbitration, unless you assert a frivolous claim.
The arbitrator’s decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court with jurisdiction.
Location & Fees
Unless you and Monty agree otherwise in writing, the arbitration will take place in-person in the county in which you reside.
If you initiate an arbitration for claims arising from this agreement, you will be required to pay $250 of the fee required to initiate the arbitration and Monty will pay any remaining JAMS Case Management Fees and all professional fees for the arbitrator’s services; you will remain responsible for your respective costs relating to counsel, experts, witnesses, and travel to the arbitration.
If Monty initiates an arbitration for claims arising from this agreement, Monty will pay all administrative fees and costs related to the arbitration, including all professional fees for the arbitrator’s services; you will remain responsible for your costs relating to counsel, experts, witnesses, and travel to the arbitration.
Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Monty on your behalf.
Notwithstanding the provisions regarding modification of these Terms, if Monty changes this “Mandatory, Bilateral Arbitration” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Monty written notice of such rejection by mail or hand delivery to: Monty Media LLC, 27 West 72nd Street, New York, NY 10023, or by email to: email@example.com within thirty (30) days of the date such change became effective, as indicated in the “Effective date” date below. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Mandatory, Bilateral Arbitration” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Monty in accordance with the provisions of this “Mandatory, Bilateral Arbitration” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
5. Indemnification; Hold Harmless
6. Disclaimer of Warranties
a. General Disclaimer. The information contained in the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the App or Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
b. Warranty Disclaimer. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE MONTY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE MONTY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS AS TO (A) THE SERVICE; (B) THE MONTY CONTENT; (C) USER OR THIRD PARTY CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MONTY OR VIA THE SERVICE.
c. No Technical Warranties. THE MONTY PARTIES DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, (B) DEFECTS WILL BE CORRECTED, (C) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, OR (D) THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL.
7. Limitation of Liability; Waiver
a. No Liability for Losses or Damages. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SERVICE AND ITS OPERATION; (B) THE MONTY CONTENT; (C) USER OR THIRD PARTY CONTENT; (D) YOUR INABILITY TO USE THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MONTY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; OR (G) LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, DEATH, PERSONAL INJURY, OR COMPUTER FAILURE OR MALFUNCTION. NEITHER PARTY SHALL BE LIABLE FOR THE FOREGOING LOSSES OR DAMAGES (X) EVEN IF FORESEEABLE OR EVEN IF THAT PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (Y) WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
b. State Requirements. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
c. Monetary Limitation. IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
d. No Injunctions. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF THE MONTY PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OF ANY KIND.
e. Acts or Omissions of Third Parties. MONTY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE MONTY PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
8. Digital Millennium Copyright Act
a. Notification of Infringement. We respect the intellectual property rights of others. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice accounts of those determined to be “repeat infringers”. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent designated below with the following information in writing (see 17 U.S.C. § 512(c)(3) or consult your own legal counsel to confirm these requirements): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works from the Service;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon removing any allegedly infringing material, we will notify the alleged infringer of such takedown. Please note that under Section 512
(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
b. Designated Copyright Agent. You can contact our Copyright Agent via email at firstname.lastname@example.org or by mail at Copyright Agent, c/o Monty Media LLC, 27 West 72nd Street, New York, New York 10023.
These Terms are the entire agreement between the parties on the subject matter hereof. The heading references herein are for convenience purposes only, do not constitute part of these Terms, and shall not limit or affect any provision hereof. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. These Terms will be governed by the laws of New York, without regard to its conflict of laws principles. The parties consent to the personal and exclusive jurisdiction of the state and federal courts in New York, New York. You may not assign these Terms without the prior written consent of the Company, and any prohibited assignment will be null and void. A waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Updated: December 10, 2020