TERMS OF SERVICE
This document, hereinafter referred to as the "Agreement" or "Terms of Service," sets forth the legally binding terms and conditions for your access to and use of the website funnycrawler.com (the "Website") and any related services, features, content, applications, or products offered by Funny Crawler (the "Service Provider," "we," "us," or "our").
By accessing or using the Website and/or Service, you signify your irrevocable acceptance of these Terms of Service. If you do not agree to these Terms, you must not access or use the Website or Service.
1. ACCEPTANCE OF TERMS
1.1. By utilizing the Website and/or Service, you represent and warrant that you possess the legal capacity to enter into this Agreement, or if you are a minor, that you have obtained parental or guardian consent to do so. 1.2. Your continued use of the Service constitutes your ongoing agreement to these Terms and any future amendments thereto.
2. SERVICE PROVISION
2.1. Funny Crawler provides a web-based platform designed to facilitate web crawling, data extraction, and related analytical functionalities. The specific features and capabilities of the Service may be updated, modified, or discontinued at the sole discretion of Funny Crawler without prior notice. 2.2. Access to the Service may require registration and the creation of an account. You agree to provide accurate, current, and complete information during the registration process and to maintain the confidentiality of your account credentials.
3. USER OBLIGATIONS AND ACCEPTABLE USE
3.1. You hereby covenant and agree to use the Service exclusively for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of the Service by, any third party. 3.2. You shall not employ the Service to: a. Undertake any activity that violates any applicable local, state, national, or international law or regulation. b. Infringe upon the intellectual property rights, privacy rights, or other proprietary rights of Funny Crawler or any third party. c. Engage in any form of unauthorized access, interference, or disruption of the Service, its servers, or networks connected to the Service. d. Transmit any malicious code, viruses, worms, or other harmful software. e. Collect or harvest any personally identifiable information from the Service without explicit authorization. f. Circumvent any technological measures implemented by Funny Crawler or its third-party providers to protect the Service. g. Engage in excessive or automated querying of the Service that imposes an unreasonable or disproportionately large load on our systems without prior express written consent. h. Violate the robots.txt protocol or other similar policies implemented by target websites when utilizing our crawling features. i. Utilize the Service to create, store, or transmit any offensive, defamatory, harassing, or otherwise objectionable content. 3.3. You are solely responsible for the content you access, extract, or transmit through the Service and for ensuring that your use of the Service complies with all applicable laws and third-party terms of service, including those of websites you choose to crawl.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The Website, the Service, and all content, features, and functionality thereof, including but not limited to software, algorithms, code, text, graphics, logos, and trademarks, are and shall remain the exclusive property of Funny Crawler and its licensors. 4.2. These Terms do not grant you any right or license to use any Funny Crawler intellectual property, save for the limited right to use the Service pursuant to these Terms. 4.3. Any data or content generated by your use of the Service, derived from third-party websites, remains the property of the respective copyright holders. Funny Crawler makes no claim of ownership over such data and merely facilitates its extraction and presentation.
5. DISCLAIMER OF WARRANTIES
5.1. THE SERVICE AND ALL RELATED COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 5.2. FUNNY CRAWLER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. 5.3. FUNNY CRAWLER DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
6. LIMITATION OF LIABILITY
6.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUNNY CRAWLER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 6.2. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FUNNY CRAWLER FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO FUNNY CRAWLER FOR THE PAST TWELVE (12) MONTHS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
7. INDEMNIFICATION
7.1. You agree to indemnify, defend, and hold harmless Funny Crawler, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms or your use of the Service.
8. TERMINATION
8.1. Funny Crawler reserves the right to suspend or terminate your access to the Service, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. 8.2. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. GOVERNING LAW
9.1. These Terms shall be governed and construed in accordance with the laws of the jurisdiction where Funny Crawler is incorporated, without regard to its conflict of law provisions.
10. CHANGES TO TERMS
10.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will endeavor to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 10.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
11. MISCELLANEOUS PROVISIONS
11.1. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. 11.2. Entire Agreement: These Terms constitute the entire agreement between you and Funny Crawler regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service. 11.3. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Funny Crawler's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12. CONTACT INFORMATION
12.1. Should you have any questions concerning these Terms, please contact us at: [email protected].
Effective Date: January 1, 2024