1. Acceptance of Terms
Welcome! Munchkin Fun LLC (“Munchkin Fun” or “us” or “we”) provides a collection of online resources, including Munchkin Fun advertising, event calendaring, purchases, email services, links to third party sites and other features and services, all as is available at our website located at http://www.munchkinfun.com (collectively, the “Service”).
We can change these Terms of Service at any time without any notice to you. It is your responsibility to review these Terms of Service from time to time for any changes as it creates a binding legal agreement between you and Munchkin Fun. If you use the Service after we’ve changed any of the Terms of Service, you are agreeing to all of the changes. If you don’t agree to these Terms of Service, don’t use the Service.
We also have a network of partners for whom we host websites that enable the partners to provide their users with some of the features of the Service (the “Hosted Service”). Some of those partners may allow access to the Hosted Service through an integrated login. If you access the Hosted Service through an integrated login on one of our partner’s websites, you are also subject to that partner’s terms of service and you should review those terms of service before using the Hosted Service.
2. Permission to Use the Service
Please note that if you elect to purchase event tickets, program or class tickets, or any product or service on our site or through us, you specifically accept that the third-party providing the applicable event, class, product or service is solely responsible and you will not hold us liable in any way.
You have our permission to use the Service, but only if:
• you are over 18 years old;
• you are using the Service for your own personal use and not for commercial purposes;
• you do not copy the Service or any part of the Service;
• you do not modify the Service or any part of the Service;
• you follow all the rules and restrictions we’ve spelled out in these Terms of Service.
3. Accounts; Passwords; Security
Although registration is not required to use the Service, you may need to set up an account in order to use some of the features of the Service. You may not use someone else’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, or a false name or false contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. We reserve the right to refuse access to the Service or to delete accounts created by users who appropriate the name, likeness, email address or any other Personally Identifiable Information of another individual. “Personally Identifiable Information” means any information which may be used to identify, or be associated or linked with, an individual.
4. Personal Use Only
We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose.
5. User Content
You are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By “User Content”, we mean any Content you post to the Service. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials (including information about events, venues, performers and the like). When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.
6. Restrictions on User Content and Your Conduct
You may not:
i. use our Service for any illegal purpose;
ii. submit User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
ii forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
i submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
v submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
vi. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
vii. impersonate anyone else or lie about your affiliation with another person, event or entity;
viii. use meta tags or any other “hidden text” (including, but not limited to “hidden text” utilizing any of our or our suppliers’ product names or trademarks);
ix. upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else’s computer systems, or data;
x. interfere with or disrupt our website or the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
xi. use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
xii. collect or gather other people’s Personally Identifiable Information (including account information) from our Service;
xiii. submit User Content which disparages us or our partners, vendor or affiliates; or
xiv. solicit, for commercial purposes, any users of our Service.
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
7. Intellectual Property Rights in User Content
If you post User Content, you are making a guarantee to us that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Service without requiring that any such use be subject to additional obligations or terms pursuant to section 5 above. If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Service a non-exclusive royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Service and under these Terms of Service. These grants will continue in effect even if you stop using the Service or delete your account.
8. User Content you Share becomes Public
You understand that once you post User Content, it becomes public. We are not responsible for keeping any User Content confidential. So, if you don’t want the whole world to see your User Content, don’t post it on the Service. Even after User Content is deleted from the Service, it may remain publicly accessible through third party search engines or elsewhere.
9. We Are Not Responsible for Content
We generally do not review any of the User Content posted by our users or other Content provided by our third party suppliers. We do not endorse any Content, including User Content, or support any views, opinions, recommendations, or advice that may be in user submissions. Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any Content feed or user submission. You may be offended by Content that you see on the Service. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Service, including your exposure to Content.
10. Proprietary Rights
Munchkin Fun and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service and Content which is included in the Service (other than User Content). If you give feedback on the Service, for example recommendations for improvements or features, implementation of that feedback is owned by us and may becomes part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the Service to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Service.
You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or search our website or download data from our website for any reason, including competitive or commercial purposes. We reserve the right to block automated programs (and any associated user accounts) that do not comply with these restrictions.
You may not take events, venues, or any other information from Munchkin Fun and reformat and display them, or mirror Munchkin Fun’s results on a competitive or commercial website. If you want to make competitive or commercial use of Munchkin Fun’s information, you must enter into a signed agreement with us to do so in advance. Please contact us at [email protected] for more information. For the avoidance of doubt, any RSS feeds from the Service are provided for your personal use only (i.e., with a personal RSS reader) and are not to be used for any competitive or commercial purposes. You may not use our RSS feeds to redistribute any data included in them, process other data, or any other such activity.
All brand, product and service names used in the Service which identify Munchkin Fun or our suppliers and our or their proprietary products and services are the trademarks or service marks of Munchkin Fun or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Munchkin Fun or such supplier with respect to any such image, logo or name.
You agree not to disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service.
11. Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use our Service to infringe anyone else’s copyright or other intellectual property right. If we find out that you are infringing, we will remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from our Service more than twice.
12. Notify Us of Infringers
If you believe that something on our Service violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
i. provide your physical or electronic signature;
ii. identify the copyrighted work that you believe is being infringed;
iii. identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it;
iv. provide us with a way to contact you, such as your address, telephone number, or e-mail;
v. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
vi. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
We cannot take action unless you give us all the required information.
13. How to Communicate with Us
Only notices about copyright infringement should go to our copyright enforcement department. If you have anything else to communicate with us (like feedback, comments, requests for technical support), you should contact us via email.
14. Storage and Availability
We are not a content-archiving service. We do not promise to store or make available on our Service any User Content that you submit, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Service.
You acknowledge that temporary interruptions in the availability of the Service may occur from time to time as normal events. Also, we may decide to cease making available the Service or any portion of the Service at any time and for any reason. Under no circumstances will Munchkin Fun or its suppliers be held liable for any damages due to such interruptions or lack of availability.
15. Sale of Products
Our Service may include the offer for sale of certain products (whether software, services, advertising, or other merchandise) (“Products”). Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products unless we are the vendor, in which case the terms of purchase we have posted for that Product shall apply.
16. Links to Other Sites
Our Service may contain links to other websites that we don’t own or control. We are not responsible for any of these other websites. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you don’t like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
18. Warranty Disclaimer
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. MUNCHKIN FUN AND ITS AFFILIATES, SUPPLIERS AND PARTNERS 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.
MUNCHKIN FUN AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT MUNCHKIN FUN WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND MUNCHKIN FUN SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, MUNCHKIN FUN AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OF OR INABILITY TO USE OUR SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MUNCHKIN FUN’S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend and hold harmless Munchkin Fun and its affiliates, suppliers, partners, officers, agents, and employees (collectively, the “Indemnified Parties”) from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from any User Content, your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of or harm to any third-party. An Indemnified Party may participate in the defense of such claims with counsel of its own choosing, at its cost and expense. You shall not settle any such claim without the Indemnified Party’s prior written approval if such settlement requires the Indemnified Party to take any action, refrain from taking any action, or admit any liability. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Service.
21. Termination and Suspension
We may terminate or suspend the Service or any part of the Service, terminate or suspend or your use of the Service, block any IP address, or remove any of your User Content at any time without cause without any liability to you.
Further, we may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to the Service or for Products (if applicable).
Upon any termination we may delete your account, passwords and User Content and we may bar you from further use of the Service. You understand that we may also continue to make your User Content available on the Service even if your use of the Service is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.
22. Export Control
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Service, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
23. Additional Terms
Portions of the Service may be accompanied by additional terms which apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.
24. General Terms
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
Any arbitration hereunder shall be governed by the Federal Arbitration Act.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $10,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs. You and Munchkin Fun may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or us shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or site customer.
We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Miami-Dade County, Florida.
Contact information for Munchkin Fun’s Registered Agent for Disputes/Arbitration is as follows: Etan Mark.
Premium Listings Terms of Service
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
BY CLICKING THE “I AGREE” CHECKBOX OR OTHERWISE BY PURCHASING MUNCHKIN FUN PREMIUM LISTINGS, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THESE PREMIUM LISTINGS TERMS OF SERVICE, WHICH GOVERN YOUR USE AND PURCHASE OF THE PREMIUM LISTINGS SERVICE. YOU AGREE THAT THESE TERMS OF SERVICE ARE ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT CLICK THE “I AGREE” CHECKBOX AND DO NOT PURCHASE PREMIUM LISTINGS. YOU WILL NOT BE GIVEN ACCESS TO THE PREMIUM LISTINGS SERVICE UNLESS YOU ACCEPT THESE TERMS OF SERVICE.
IF YOU WISH TO PURCHASE PREMIUM LISTINGS AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THESE TERMS OF SERVICE. THE RIGHTS GRANTED UNDER THESE TERMS OF SERVICE ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.
For content publishers who want more control over the features and appearance of their listings throughout the Munchkin Fun network of hosted websites (the ” Munchkin Fun Network”), Munchkin Fun offers a premium listings service (“Premium Listings”) for an additional fee. Premium Listings include the ability to enhance listings, prominent placement of and the ability to upload images and other content to accompany listings, all as further described on the Site at http://www.munchkinfun.com/ (the “Listings Entry Page”). By purchasing Premium Listings from Munchkin Fun, you agree to the Munchkin Fun Terms of Service located at http://www.munchkinfun.com/terms (the “Terms of Service”) which are incorporated herein by reference, as well as the following additional terms and conditions. All capitalized terms not defined in this document shall have the meaning given to them in the Terms of Service.
2. Premium Listings Fees
In consideration for Munchkin Fun providing Premium Listings, you agree to pay Munchkin Fun the one-time enhancement fee described on the Listings Entry Page per venue and/or event listing for which you want to utilize Premium Listings (the “Enhancement Fee”).
When you purchase a Premium Listing, we will charge you the Enhancement Fee, a one-time charge.
4. Method of Payment
When you supply us with a payment method such as a credit card or bank account (“Payment Method”), you authorize us to bill your Payment Method for any and all charges and fees, including recurring payments. You also authorize us to exchange information related to the transaction with the company issuing the Payment Method. The terms of your Payment Method are determined by an agreement(s) between you and your financial institution, not us and you. The types of Payment Methods that we accept and the timing of the billing of the fees are as described on the Listings Entry Page.
We may change the terms under which we will accept Payment Methods from time to time, but will provide you the opportunity to discontinue using that Payment Method prior to the change. However, if you do not discontinue use, you reaffirm the new terms and will be bound by them.
If we permit storage of Payment Method information, the following applies:
A. You agree to keep your Payment Method information on file with us current, and also authorize us to update your Payment Method information with data we obtain from your financial institution, the issuer of your credit card or from MasterCard, Visa, American Express, Discover, PayPal or any other payment gateways we use.
B. You authorize us to retain your Payment Method information until such time as you revoke this authorization in accordance with procedures prescribed by us. Any revocation by you of this authorization shall become effective when all charges and fees associated with your use of the Premium Listings have been fully satisfied. Your revocation of authorization has no effect on your liability for charges and fees that you have incurred in connection with the Premium Listings prior to such revocation.
5. Fraudulent Activity
You acknowledge that while Munchkin Fun will take reasonable efforts to credit your account if it discovers any fraudulent activity (such as click-fraud), Munchkin Fun is not able to determine with certainty in all cases whether fraud has occurred. If you suspect that your Premium Listing has been subject to any such fraudulent activity, please notify Munchkin Fun. However, Munchkin Fun shall not be liable for any fraudulent activity and you are not entitled to refunds, credits, or make-goods except as determined in Munchkin Fun’s sole discretion. You agree to release Munchkin Fun from any liability related to fraudulent activity of third parties.
6. Representations and Warranties
You represent and warrant to Munchkin Fun that: (i) you are 18 years of age or older; (ii) you are affiliated or associated with the event and/or venue listed and have the authority to operate on behalf of the event or venue that is the subject of the Premium Listing; and (iii) all Content you provide in the Premium Listing is accurate, complete and up-to-date and that you have the right and authority to provide the Content and to grant Munchkin Fun the license to the Content set forth in the Terms of Service.
7. Suspension; Term and Termination
You or Munchkin Fun may terminate a Premium Listing at any time. Upon any expiration or termination of a Premium Listing, we will credit or refund to you (to the same Payment Method which you charged the initial purchase) any portion of your Budget that has not been accrued to Promotion Fees. For the avoidance of doubt, under no circumstances are you entitled to receive any refund of your Enhancement Fee or any triggered Promotion Fees. Upon any expiration or termination of a Premium Listing, your listing will revert to a normal listing without premium enhancements or preferred placement.
If you have purchased a Premium Listing through one of our network partners and our relationship with that network partner expires or terminates, your Premium Listing will continue to exist and be viewable on the Munchkin Fun Network. If our relationship with the network partner who sold your Premium Listing expires or terminates, we may enable you to edit your Premium Listing content or settings on the www.munchkinfun.com website, but in any event if you have trouble accessing your listing, please contact us at [email protected]
8. No Guaranteed Result
Although all Premium Listings include featured placement of your listing, there is no guarantee that your Premium Listing will be displayed for any particular search or in any particular order of relevance. The ordering and display of search results is automatically generated based on the output from our search algorithm.
You agree that your indemnity obligations under the Terms of Service include any breach of these Premium Listings Terms of Service.
If we revise these Premium Listings Terms of Service, we will notify you in advance and provide you with the opportunity to accept the revised Terms of Service or to terminate your then-current use of Premium Listings.