Terms of Service

Last Modified on: September 5, 2019

1. User’s Acknowledgment and Acceptance of Terms

Funsmiths, LLC, (“us,” “we,” “our,” or “Funsmiths, LLC”) provides the https://gamedesignskills.com website and various related services (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “Agreement”), as well as any other written agreement between us and you. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

You are permitted to use the Site, only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part or derivative of the Site in any medium without Funsmiths, LLC’s prior written authorization except as permitted through the Site’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; and (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Site. Without limiting the foregoing, the Site is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.

YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE WEBSITE.

Please be advised that these Terms of Service contain provisions that govern how claims you and we have against each other are resolved. It also contains an arbitration provision, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration. 

In these Terms of Service, we use the terms “you” and “your” to mean any person using our Site, and any organization or person using the Site on an organization’s behalf.

2. Account Information and Security

When you register, you may provide us with some basic information, such as a phone number or email address. Keep your email address and other account information current and accurate. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your account credentials with others. If someone is using your account, notify us immediately.

3. Feedback

We always appreciate feedback and are always on the lookout for ways to improve Funsmiths, LLC. For feedback, comments, questions, or concerns, you can contact us at su*****@ga*************.com and we will return you e-mail at the soonest opportunity possible. By submitting feedback, you are expressly acknowledge that: (i) your feedback does not contain confidential or proprietary information of third parties) (ii) we are under no obligation of confidentiality, express or implied, with respect to the feedback, (iii) we may have something similar to the feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the feedback, and you irrevocably waive, and cause to be waived, against Funsmiths, LLC and its users any claims and assertions of any moral rights contained in such feedback.

4. User Representations

You represent and warrant that (i) your use of the Site will be in strict accordance with the Terms of Service, the Funsmiths, LLC Privacy Policy, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

5. Guarantee and Warranty

Use of the Site is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Funsmiths, LLC expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Funsmiths, LLC makes no warranty or guarantee that the Site will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

6. User Content

Except for the rights expressly granted in this Terms of Service and as between the parties to this Terms of Service, you reserve all right, title and interest (including all patent, copyright, Trademark, trade secret and other intellectual property rights) in and to all data, data files and other information that is uploaded, submitted or published, transmitted or stored by or on behalf of you in connection with your use of the Site (“User Content”), and no right, title or interest in any User Content is granted to Funsmiths, LLC. User Content specifically does not include query logs and other information about your use of the Site, which is referred to as “Site Data.” You hereby grant to Funsmiths, LLC a worldwide, non-revocable, royalty-free, non-exclusive, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content, and hereby authorize Funsmiths, LLC to process such User Content, in each case solely to the extent necessary to provide the Site to you or to provide support or analysis as further described below.

You will not use the Site to (or assist any third party to) email or otherwise upload any content that (i) infringe or misappropriate any intellectual property or other proprietary or privacy rights of any person, (ii) you do not have a right to upload under any applicable law or under any contractual or fiduciary relationship, (iii) contains software viruses 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, (iv) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, or hateful racially or ethnically or (v) in the sole judgment of Funsmiths, LLC, may cause harm to Funsmiths, LLC, the Site, or other users of Funsmiths, LLC’s products and services.

7. Proprietary Rights

Except for the express limited rights set forth in this Terms of Service, Funsmiths, LLC reserves all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Site and all the materials available on the Site (“Funsmiths, LLC Intellectual Property”). The Funsmiths, LLC Intellectual Property is the property of Funsmiths, LLCs and/or our affiliates or licensors, and is protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. For purposes of these Terms, “Funsmiths, LLC Intellectual Property” shall, in addition to the Site and all the materials available on the Site, also include all suggestions, enhancement requests, recommendations, proposals, corrections or other feedback provided by you.

8. Payment

Customer shall be responsible for the payment of any associated fees in accordance with this Terms of Service and Funsmiths, LLC’s standard payment and billing policies. Except as otherwise specified in this Terms of Service, all payment obligations are final, non-cancelable and non-changeable, and all fees paid are subject to our Refund Policy. If you elect to pay fees by credit card, you agree and warrant to Funsmiths, LLC that the credit card information provided by you to Funsmiths, LLC is, and will be maintained as, true, complete, accurate and up to date, and that you are authorized to use such payment instrument in connection with its subscription for the Site. You agree to pay and hereby authorize Funsmiths, LLC to bill your credit card in advance on a periodic basis in accordance with the terms of this Terms of Service. You will not chargeback any amounts paid to Funsmiths, LLC and will reimburse Funsmiths, LLC for any chargeback fees associated with the foregoing.

9. Non-Payment

Funsmiths, LLC shall be under no obligation to provide the Site to you if any fees are not paid to us on time. You must ensure that Funsmiths, LLC has complete and accurate billing and contact information. If fees become overdue, Funsmiths, LLC reserves the right to suspend access to the Site until the balance is paid or Funsmiths, LLC may remove your content and prevent further access permanently.

10. Refund Policy

At Funsmiths, LLC, we are so confident that you will get results that we give you an entire calendar year (365 days) to complete the course, do the work, and put what you’re taught to the test. We want you to give your best effort to apply all the strategies taught in the course and give yourself the best chance at success, which is why if we don’t hold you accountable for putting in the work, we’re doing you a disservice. This course has been stress-tested to make sure that as long as you follow the modules and complete the action items for each lesson, you will get results. Which is why when you enroll in any of our courses as a student, you get a “365-Day Guarantee.” The guarantee states that if you enroll in Funsmiths, LLC, watch all the video lessons, complete all of the required work and action items, apply each lesson to your past gaming experience, and still don’t see results within the first year (365 days), we will provide a full refund.

Our 365-Day Guarantee is governed by the following terms.

In order to qualify for a refund, you must have completed the course, and email us within the first year from your enrolment date, including proof that you did the work in the course and it did not work for you. You must include your completed coursework with your request for a refund, as well as the required assignments (specific to each course). If you request a refund and do not include your completed coursework by the 365th day, you will not be granted a refund. If you haven’t completed the course or the required assignments, then you won’t be eligible for the guarantee. We’ll ask for your completed course work and ask what didn’t work for you (so we can learn and improve).

11. Third-Party and Other Purchases

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Consulting.com shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability. If payment for a course is declined, our system will automatically disable access to our premium materials. We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.

12. Limitation of Liability

IN NO EVENT WILL Funsmiths, LLC SKILL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR ANY USE OF THE WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Funsmiths, LLC SKILL IS EXPRESSLY ADVISED OR HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT WHICH YOU PAID TO Funsmiths, LLC FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR, IF NO FEE APPLIES, $100.

13. Indemnity

You agree to indemnify, defend, and hold Funsmiths, LLC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Funsmiths, LLC Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms of Service, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Funsmiths, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Funsmiths, LLC. Funsmiths, LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

14. Dispute Resolution and Arbitration

In the interest of resolving disputes between you and Funsmiths, LLC in the most expedient and cost effective manner, you and Funsmiths, LLC agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND Funsmiths, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator Any arbitration between you and Funsmiths, LLC will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.

Notice; Process A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Funsmiths, LLC’s address for Notice is: Funsmiths, LLC, (Attn: Legal Department), 302 Washington Street Suite 50 #5389 San Diego CA 92103. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Funsmiths, LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Funsmiths, LLC must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Funsmiths, LLC will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Funsmiths, LLC in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

Fees and Procedure The parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator may award attorneys’ fees and costs to the prevailing party, except as prohibited by law. If you commence arbitration in accordance with these Terms of Services, Funsmiths, LLC will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Diego, California but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in San Diego, California. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Funsmiths, LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator may grant injunctions and other relief. The arbitrator shall administer and conduct any arbitration in accordance with the law of the jurisdiction in which the dispute arose, including civil procedure rules, and the arbitrator shall apply the substantive and procedural laws of California. To the extent that the AAA Rules conflict with local law, local law shall take preference. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.

No Class Actions YOU AND Funsmiths, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING except that Users may bring a proceeding as a private attorney general, if and as allowed by law. Further, unless both you and Funsmiths, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Nothing in this Agreement infringes upon any rights a user may have under the Sarbanes-Oxley Act, including any rights prohibiting compulsory arbitration.

Modifications to this Arbitration Provision If Funsmiths, LLC makes any future change to this arbitration provision, other than a change to Funsmiths, LLC’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Funsmiths, LLC’s address for Notice, in which case your account with Funsmiths, LLC will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability If the “No Class Actions” section is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to these Terms of Service.

Right to Opt Out of Arbitration You may submit a statement notifying Funsmiths, LLC that you wish to opt out and not be subject to arbitration under this section. Should you desire to opt out, you must notify Funsmiths, LLC of your intention to opt out by submitting a written notice, which may be via email to su*****@ga*************.com stating that you are opting out of this section. In order to be effective, your opt out notice must be provided within thirty (30) days of your agreeing to these Terms. Should you timely opt out of this section, you may pursue available legal remedies and will not be required to arbitrate claims.

15. Choice of Law; Venue

These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. The venue for any disputes arising from or concerning this Agreement or use of the Site shall be in San Diego, California.

16. Termination of Site

Funsmiths, LLC may terminate your privilege to use or access the Site immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and agree not to access or make use of, or attempt to use, the Site. Furthermore, you acknowledge that Funsmiths, LLC reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site. You understand that Funsmiths, LLC may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Funsmiths, LLC.

All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Site, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

17. Intellectual Property

The entire content and materials contained on the Site, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Site and other intellectual property and intellectual property rights, along with any and all portions or derivatives of any of the foregoing (collectively, the “Funsmiths, LLC IP”) are owned by or licensed to Funsmiths, LLC to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Site are either the property of, or used with permission by, Funsmiths, LLC. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Funsmiths, LLC IP without our prior written consent. We neither warrant nor represent that your use of Funsmiths, LLC IP or other materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Funsmiths, LLC. We may redesign the Site at our sole discretion at any time.

18. Restrictions on Use

You may not use the Site or contents set forth herein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Funsmiths, LLC. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the Site, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Funsmiths, LLC’s prior written consent.

Modification of Funsmiths, LLC’s content and/or the Funsmiths, LLC IP is a violation of the copyrights and other proprietary rights of Funsmiths, LLC or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Funsmiths, LLC. The Site and the information contained therein may not be used to construct a database of any kind. The Site and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Funsmiths, LLC or its subsidiaries, suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Funsmiths, LLC’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the Site or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Funsmiths, LLC or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Site.

19. No Agency

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Funsmiths, LLC is intended or created by this Agreement.

20. Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Site, you may contact our Designated Agent at the following address:

Funsmiths, LLC, 302 Washington Street Suite 50 #5389 San Diego CA 92103

Any notice alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include the following information:

1. a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; b) A description of the copyright-protected work or other intellectual property right that you claim has been infringed; c) A description of the material that you claim is infringing and where it is located on the Site; d) Your address, telephone number, and email address; e) A statement by you that you have a good faith belief that the use of those materials on the Site is not authorized by the copyright owner, its agent, or the law; and f) A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Funsmiths, LLC will promptly terminate without notice the accounts of Users that are determined by Funsmiths, LLC to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity.

21. Links to Other Sites and Materials

As part of using the Site, Funsmiths, LLC may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Funsmiths, LLC has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Funsmiths, LLC, and Funsmiths, LLC is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software, or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by Funsmiths, LLC. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.

22. Electronic Communications

The communications between you and Funsmiths, LLC use electronic means, whether you use the Site or send us emails, or whether Funsmiths, LLC posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Funsmiths, LLC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Funsmiths, LLC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

23. Notice

Communications made through the Site’s e-mail and messaging system, will not constitute legal notice to Funsmiths, LLC or any of its officers, employees, agents or representatives in any situation where notice to Funsmiths, LLC is required by contract or any law or regulation.

Any such notice must be sent to:

Funsmiths, LLC, 302 Washington Street Suite 50 #5389 San Diego CA 92103

Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

24. Changes and Amendments to Terms

These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

25. General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Funsmiths, LLC to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Funsmiths, LLC may assign or delegate these Terms of Service and/or Funsmiths, LLC’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including, but not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Funsmiths, LLC’s prior written consent, and any unauthorized assignment and delegation by you is void. Headings are for reference purposes only.

Disclaimer: All video game company trademarks and logos, including the Blizzard Entertainment, Riot Games, and Moon Studios trademarks and logos belong solely to their respective studios. Funsmiths, LLC is not officially affiliated with or endorsed by Riot, Blizzard, Moon Studios, or any other video game studio shown or mentioned. All images are used solely for educational purposes under the purview of fair use laws.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS TERMS OF SERVICE.