POLICIES

TERMS OF USE. LAST UPDATED JANUARY ,2021.
FUNTIMES, a division of Death, Plague, Pestilence & Greed LLC, (“Zach Helm”), provides its websites accessible at www.thefuntimescycle.com and any other websites we may provide from time to time (individually or collectively, the “Website”) to you subject to the following Terms of Use.

BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO 'FUNTIMES' or Death, Plague, Pestilence & Greed, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IN ADDITION, WHEN USING PARTICULAR PARTS OF THE WEBSITE SUCH AS SHOPPING, FORUMS, WATCHING VIDEOS, OR BLOGS, YOU AGREE TO ABIDE BY ANY APPLICABLE POSTED GUIDELINES FOR THOSE SERVICES. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT AGREE TO PROVIDE SUBMISSIONS TO DEATH, PLAGUE, PESTILENCE & GREED PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT.

Zach Helm and/or Death, Plague, Pestilence & Greed may modify these Terms of Use at any time without notice, effective upon posting updated Terms to the Website. Your continued use of the Website constitutes your acceptance to the updated Terms of Use. Death, Plague, Pestilence & Greed has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.

TRADEMARKS
FunTimes trademarks displayed on this Website are trademarks or registered trademarks of Death, Plague, Pestilence & Greed and its affiliated companies in the United States and internationally (including but not limited to the FunTimes name, the play titles, the 'pyramid of eyeballs' logo, and the phrases 'Why Not Here?' 'More Eyeballs' and 'Start Talking' . All use prohibited.

OWNERSHIP OF WEBSITE CONTENT
The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, data sheets, FAQs is owned exclusively by Death, Plague, Pestilence & Greed 'Zach Helm' and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of Death, Plague, Pestilence & Greed. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.

You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.

SUBMISSIONS OF USER CONTENT
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to FunTImes or Death, Plague, Pestilence & Greed, or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, TikTok and Pinterest, that are associated with hashtags related to FunTimes, including, for example, #FunTimes #OurOwn #andthehorseyourodeinon #Gamerz #TheRedacted #MoreEyeballs #StartTalking #WhyNotHere. Such Submissions may be used on the Website and/or on other Death, Plague, Pestilence & Greed products and/or marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by FunTimes to be used, it may be displayed for other users to see, together with your name and associated social media modifier (if applicable) profile information (such as your handle and profile picture). Death, Plague, Pestilence & Greed is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.

Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Death, Plague, Pestilence & Greed, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, social media handle or ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, and Pinterest's Terms of Use.

You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead Death, Plague, Pestilence & Greed as to the origin of any Submission. You agree to indemnify Zach Helm, FunTimes, as well as Death, Plague, Pestilence and Greed, our vendors, including Olapic, Inc., and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., TikTok Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, social media handle, or ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO DEATH, PLAGUE PESTILENCE & GREED'S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by FunTImes/Death, Plague, Pestilence & Greed without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

Death, Plague, Pestilence & Greed reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. FunTImes/Zach Helm/Death, Plague, Pestilence & Greed are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of FunTimes, including its licensors and/or vendors, and FunTImes does not endorse any such opinions, statements, or materials.

You acknowledge and agree that Death, Plague, Pestilence & Greed 'Zach Helm' has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

FEEDBACK
Any questions, comments, suggestions, or other information about Death, Plague, Pestilence & Greed products or services submitted to Death, Plague, Pestilence & Greed through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Death, Plague, Pestilence & Greed shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Death, Plague, Pestilence & Greed specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and Death, Plague, Pestilence & Greed will not have any obligation or liability to you arising from Death, Plague, Pestilence & Greed’ and/or any third party’s receipt or use of such information or material.

FEEDBACK AND USER CONTENT
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Death, Plague, Pestilence & Greed does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Death, Plague, Pestilence & Greed expressly disclaims any liability for such Feedback and User Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you will not rely on said Feedback and User Content, and that under no circumstances will Zach Helm/Death, Plague, Pestilence & Greed be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Death, Plague, Pestilence & Greed does not pre-screen or approve Feedback and User Content, but that Zach Helm/Death, Plague, Pestilence & Greed shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.

Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. FunTImes, Zach Helm, Death, Plague, Pestilence & Greed expressly disclaims any liability for such organizations, events or individuals.

USER CONDUCT
You agree not to transmit to FunTimes any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Death, Plague, Pestilence & Greed employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to Death, Plague, Pestilence & Greed users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) 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; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Death, Plague, Pestilence & Greed computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.

FunTImes/Zach Helm may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Death, Plague, Pestilence & Greed may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason.

CUSTOMS PRODUCTS TERMS AND CONDITIONS
If you are a FunTImes Customs product designer, you may submit letters, numbers, spaces, symbols, designs, photographs, drawings, and other materials to apply to the product (the foregoing to be included in the definition of “Submissions”). All Submissions are subject to this entire Terms of Use, including the Submission of User Content and User Conduct sections above. As a reminder, you may not use, select, upload, submit or otherwise make public anything that contains any of the following:

• Content that may infringe the trademark or copyright or other intellectual property rights of someone else (e.g., brand names or logos, product names, events, professional sports teams, even color combinations, or photographs or artwork belonging to someone else)
• Name or nickname or symbol or image associated with another person (living or dead) unless you have that person’s consent
• Content that may be or may contain images that are insulting, abusive, inciting violence, threatening, intimidating, obscene, inflammatory, sexually explicit, profane, offensive, harassing, derogatory, degrading, defamatory, harmful, discriminatory or unlawful or invasive of another’s privacy

FunTimes reserves the right to reject any Submissions that contain any of the above or which are otherwise unacceptable to Death, Plague, Pestilence & Greed. If your Submission is not accepted, you will receive a notification and your order may be blocked from being submitted or cancelled. If you believe your Submission was rejected in error, you may contact our Customer Service department for further review.

All Submissions are subject to these FunTimes’ Terms of Use and by placing your order for your Customs products, you agree to these Terms of Use.

All Customs products with your personalized Submissions are made just for you and may not be returned.

ESTABLISHING AN ACCOUNT
Submissions and use of the Website are made available only to persons over the age of 16 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 16 and children under the age of 16 are not to submit any personally identifying information through the Website. Death, Plague, Pestilence & Greed therefore recommends that children obtain the permission and assistance of a parent or legal guardian prior to accessing the Website. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Website, you will be sorely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Website; and (iii) the consequences of any use of the Website by such Minor.

In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate.

By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You should choose a unique and complex password not used for other accounts. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility. You agree that we may communicate with you by email for transactional and legal messages regarding Your account.

Pursuant to 47 U.S.C. § 230(d) as amended, FunTimes hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material and information that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website http://www.getnetwise.org/ (GetNetWise is not owned, operated, endorsed by or affiliated with Death, Plague, Pestilence & Greed).

FUNTIMES SMS PROGRAM - US ONLY

Please read these terms and conditions carefully before subscribing to any future FunTImes mobile alerts program. By subscribing to receive text messages from Death, Plague, Pestilence & Greed, you agree to abide by our Terms of Use, our Privacy Policy, and any other applicable terms and agreements related to your use of FunTImes services. 

You may communicate with FunTimes via email, and our website. FuNTImes may issue notices via various channels, including by sending email to an address you provide. You agree that such notices shall have legal effect.

You also agree that notices sent by email satisfy any requirement that notices be provided in writing. If you do not agree, do not use FunTimes products or services.

Your consent to receive electronic communications applies to this transaction and any future transaction which may arise out of this transaction.  You may have the right to withdraw your consent to receive certain electronic communications, and when required by law, FunTImes will provide you with paper copies upon request at no charge. You may make such a request via any of the channels listed above.

To receive, access, and retain the notices that FunTimes sends via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you can receive, access, and retain the notices that FunTimes may send. You may update your contact information via the “Contact Us” page on the FunTimes website.

AVAILABILITY OF PRODUCTS, SERVICES, FEATURES AND CONTENT
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to FunTImes' review and approval. If FunTImes chooses to accept an order, such acceptance will be deemed upon shipment. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.

EXTERNAL SITES
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that FunTimes is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

COPYRIGHT
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Death, Plague, Pestilence & Greed agent for notice of claims of copyright infringement ("Copyright Agent"), at

ZACHHELMNOW@GMAIL.COM

or:

The Gotham Group
1041 N. Formosa Ave
Formosa West Building, Suite 200
West Hollywood, CA, 90046

You must provide our Agent with the following Notice:

1. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4. Your address, telephone number, and email address; and
5. Your physical or electronic signature.
If valid, FunTimes will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA)

DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Death, Plague, Pestilence & Greed DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DEATH, PLAGUE, PESTILENCE & GREED DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

LIMITATION ON LIABILITY AND INDEMNITY OF Death, Plague, Pestilence & Greed
UNDER NO CIRCUMSTANCES SHALL DEATH, PLAGUE, PESTILENCE & GREED BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Death, Plague, Pestilence & Greed HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE, FROM YOUR INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE APPLICABLE WITHIN THE STATE OF NEW JERSEY. IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY AND HOLD DEATH, PLAGUE, PESTILENCE & GREED, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; YOUR THIRD PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE WEBSITE; YOUR VIOLATION OF THE TERMS OF USE; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE FOREGOING INDEMNIFICATION PROVISIONS SHALL NOT APPY TO Death, Plague, Pestilence & Greed’ OWN NEGLIGENCE OR INTENTIONAL CONDUCT.

COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All FunTImes products and publications are commercial in nature. Death, Plague, Pestilence & Greed does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the privacy policy.

DISPUTES AND ARBITRATION AGREEMENT
Any dispute or claim relating in any way to the Website and our services, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the breach of the Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our sister-brands, subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. 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 as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. If for any reason a claim proceeds in court rather than in arbitration WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph. Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.

If your dispute is not resolved by Customer Service, before beginning arbitration, please send written notice describing the claim to the Office of the General Counsel at the following address:

FunTimes, a division of Death, Plague, Pestilence & Greed

Death, Plague, Pestilence & Greed c/o

The Gotham Group
1041 N. Formosa Ave
Formosa West Building, Suite 200
West Hollywood, CA, 90046

Email: ZACHHELMNOW@GMAIL.COM

If the claim has not been resolved within 30 days of sending the notice you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and forms are available at www.adr.org or by calling 877-495-4185.

GOVERNING LAW; ENTIRE AGREEMENT
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to our products and services, these Terms of Use, the privacy policy, or your use of the Website, will be governed by and construed in accordance with the State of California, without regard to its choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to our products and services, these Terms of Use, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of state or federal courts in Orange County, in the State of California and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms of Use are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use and the Privacy Policy constitute the entire agreement between you and Death, Plague, Pestilence & Greed with respect to the subject matter of the Terms of Use and Privacy Policy.

COOKIES CONSENT

To give you the best online experience, we use cookies and other technologies that allow us and other companies to collect your personal information and activity for advertising, analysis, and other purposes as described in our privacy policy.

At FunTimes, we clearly understand that you care how information about you is collected, used, and shared. This Privacy Statement is broad to allow for the growth of our community safely. We have no interest in most information collected, nor do we sell data.

The following, however, describes information we may collect about you directly or indirectly; how and why we may collect, use, and share your information; and the choices you have regarding your information. As more fully described below, we collect, use and share your information to better serve you and to improve our own processes. It is standard to most consumer websites.

This comprehensive Privacy Statement applies to all of our consumers in the United States and Canada, and it describes the ways we handle personal information in a variety of contexts, such as when consumers use our websites, mobile applications, or facilities; buy our products; participate in our promotions and events; or provide information to us in other ways.

In the United States, FUNTIMES is a division of Death, Plague, Pestilence & Greed LLC. For purposes of this Privacy Statement, when we use the terms “we,” “us” and “our,” or similar terms, we are referring to Death, Plague Pestilence & Greed LLC in the United States.

Categories of Information We Collect

In order to help us better understand you so that we can give you an excellent customer experience, we and our site provider 'Wix.Com' may collect information that identifies you or that we can associate with you (your “personal information”) as well as information that does not identify you (e.g., anonymous, deidentified, or aggregated data). We may also collect various categories of information directly (from you), or indirectly (from others), as more fully described below. The categories of personal information (including sensitive personal information) that we or our service providers collect (or have collected during the preceding 12 months) may include the following:

Identifiers (such as your name, nickname, account name, unique personal identifier, online identifier/screenname, IP address, driver’s license number, or signature);
Contact Information (such as your physical or mailing address, telephone number, or email address);
Profile information that we collect or that is inferred (such as commercial information and inferences, including products or services purchased or considered, purchasing histories or tendencies, interactions with us, preferences, psychological traits/ predispositions, behavior, attitudes, intelligence, or abilities/aptitudes, some of which may be assigned by probabilistic methods);
Education information (such as your education status or history);
Employment information (such as your employment status or history, or your professional information);
Internet activity (such as browsing history, search history, clicks, interactions with websites, applications and advertisements, or social media information);
Demographic information (such as your age, date of birth, sex or gender, race, or ethnicity);
Physical characteristics or biometric information (such as your size, height, weight, or other information relevant to your footwear and apparel preferences, as well as your appearance and voice);
Financial information (such as your bank account number, credit card number, debit card number, other payment information);
Location data (such as the geographical location information indicated by your mobile device or computer); and

How Information About You Is Collected

When you interact with us, we may collect information about you directly. Examples of direct interaction with us include when you visit our websites, shop in our stores, communicate with our customer service representatives, attend our events, use our mobile applications, participate in our marketing efforts (including contests, sweepstakes and virtual events), participate in our customer loyalty programs, or any other way you interact directly with us. When we collect information about you directly, we may ask you to affirmatively furnish the information to us (such as when we ask you for your telephone number), or we may collect the information from your electronic device (such as when you download and use our mobile applications or visit our websites) or by observing your activity (such as when you visit our stores). We and some of our service providers, contractors and advertising networks collect identifiers matched to your mobile or other devices, which can be used to deliver customized ads or content via the Internet, across different devices or browsers (sometimes called “cross-device tracking”). Though it is doubtful, in some cases, we may engage service providers to help us operate our business, and they may collect data on our behalf in the course of the services they provide to us. In other cases, where permitted by applicable law, third parties may obtain information about you independently, and we may acquire that data (for example, by purchasing the data).

Though we hardly use any of the below, the following list describes the sources from which we or our service providers may collect various categories of personal information directly (from consumers like you) or indirectly (from third parties):

Identifiers may be collected directly from consumers; public records; consumer data resellers/ brokers; advertising networks; operating systems and platforms; social networks/ social media.
Contact information may be collected directly from consumers; public records; consumer data resellers/ brokers; or social networks/ social media.
Profile information may be collected directly from consumers; consumer data resellers/ brokers; advertising networks; operating systems and platforms; or social networks/ social media.
Education information may be collected directly from consumers; or consumer data resellers/ brokers.
Employment information may be collected directly from consumers; or consumer data resellers/ brokers.
Internet activity may be collected directly from consumers; consumer data resellers/ brokers; advertising networks; internet service providers; operating systems and platforms; or social networks/ social media.
Demographic information may be collected directly from consumers; or consumer data resellers/ brokers.
Physical characteristics or biometric information may be collected directly from consumers; or consumer data resellers/ brokers.
Financial information may be collected directly from consumers.
Location data may be collected directly from consumers; consumer data resellers/ brokers; advertising networks; internet service providers; operating systems and platforms; or social networks/ social media.

Why Your Information Is Collected, Used, and Shared

We use the personal information we collect directly and indirectly to conduct our business, to communicate with you, and to provide better products, services, and experiences, as further described below. The specific purposes for which we or our service providers may collect and use information about you are (1) to provide the products and services that you have ordered or requested, and to communicate about your orders; (2) to enable and improve our customer service; (3) to address your comments, questions or complaints; (4) to personalize your experiences; (5) to understand your opinions, preferences and shopping habits; (6) to analyze trends and statistics; (7) to administer and fulfill our contests and other promotions, including special discounts for professionals, military personnel, students and first responders; (8) to analyze and improve our websites, mobile applications, facilities, products and services; (9) to market our products and services to you, including by sending you marketing communications and other information regarding our products, services, or special events, and to improve our marketing efforts; (10) to share reviews, testimonials, or other user-generated content; (11) to facilitate our merger or acquisition activities; (12) to secure and protect our information and technology systems, as well as information about you and other consumers; (13) to facilitate internal audits, dispute resolution or investigations; (14) to evaluate new technology for our businesses; (15) to conduct market research; (16) to formulate our business strategies; (17) to analyze information about organizations to which you may belong; (18) to enable us to monitor and evaluate our third party service providers and their activities; (19) to manage our gift card programs, loyalty programs, other stored value programs; (20) to keep records of transactions; (21) to comply with our contractual obligations; (22) to detect and address actual or potential fraud; (23) to establish and maintain data back-ups for our business continuity and disaster recovery; and (24) to comply with various legal obligations or other rules to which we are subject. The following list describes in detail the purposes for which we and our service providers collect and use each category of personal information (each number corresponds to a specific purpose above):

Identifiers: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24.
Contact information: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24.
Profile information may be collected: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 22, 23, 24.
Education information: 1, 2, 3, 4, 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 18, 20, 22, 23, 24.
Employment information: 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24.
Internet activity: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24.
Demographic information: 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 18, 22, 23, 24.
Physical characteristics or biometric information: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 22, 23, 24.
Financial information: 1, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24.
Location data: 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 18, 22, 23, 24.

What Information About You Is Shared and With Whom

We operate under the following brand names: FUNTIMES and Zach Helm

We may also share your personal information (including sensitive personal information) with service providers and contractors who provide services to us or conduct activities on our behalf. When we share your personal information with our service providers and contractors, we instruct them to only use or share your personal information for the intended purposes, which are limited to those listed above. One example of our information sharing with a service provider is when we share your name, address, and similar contact information with a courier service for the purpose of delivering a product to you and notifying you of the status of the shipment. Our service providers and contractors include entities that perform the following activities on our behalf: marketing and advertising; order fulfillment; consumer or market research and analysis; account

management; event or promotion management; fraud detection; security; customer service; payment processing; technical support; product creation. The categories of information that we may share with service providers and contractors are the following: Identifiers; Contact information; Profile information; Education information; Employment information; Internet activity; Demographic information; Physical characteristics or biometric information; Financial information; or Location data. We share these categories of information for the same purposes we collect and use them, as described above under the caption “Why Your Information Is Collected and Used.”

We may also disclose consumers’ personal information (including sensitive personal information) to third parties who are not our contractors or service providers for the following purposes: to facilitate our merger or acquisition activities; to facilitate internal audits, dispute resolution or investigations; to detect and address actual or potential fraud; or to comply with various legal obligations or other rules to which we are subject.

We do not sell consumers’ personal information for money. We do, however, share consumers’ personal information (including sensitive personal information) with certain third parties in ways that might be considered a “sale” of personal information under the California Consumer Privacy Act, even though we do not receive any financial compensation from the third parties in exchange. For example, we allow third parties, such as Facebook® and Google®, to place technologies (such as cookies) on our websites for purposes of marketing to users of our websites. To request that your personal information not be sold, please follow this hyperlink: Your Privacy Choices

Data Retention

We retain each category of personal information about consumers for as long as reasonably necessary to fulfill the purposes for which it is collected and used, but not longer. In determining the period of time consumer personal information will be retained, we consider the frequency with which our consumers purchase from us, our consumer’s experience, the utility of the information to our business objectives, warranty and recall issues, legal and contractual record retention requirements, and other factors. We do not retain any category of personal information for more than six years following our last interaction with a consumer, unless required by law.

Children’s Privacy

We do not intend to collect personal information from anyone under the age of 16. If you are under the age of 16 you should not provide any personal information to us. If you are a parent or guardian of a child under the age of 16 and suspect they have provided personal information to us, you may contact us using one of the Communication Methods described in this Privacy Statement to notify us so that we may delete the information. We do not knowingly share or sell the personal information of consumers under 16 years of age.

Keeping Your Personal Information Secure

We store personal information on our servers or those of our service providers (including “cloud” servers), and it is accessible by authorized employees, representatives and agents who require access for the purposes described in this Privacy Statement. We have implemented reasonable security procedures and measures that are intended to protect personal information and our information technology systems that store personal information. Unfortunately, no transmission of information over the Internet nor storage of information electronically can be guaranteed to be 100% secure. In order to help protect personal information you provide to us, you: (i) should not share your password or account information with others, (ii) should use a secure internet connection and web browser, (iii) should select a unique, complex, secure password, (iv) should change your password frequently, and (v) should not use the same password elsewhere. If you become aware of any loss, theft, or unauthorized use of a password, please contact us immediately using the contact information below. By providing your email address in connection with a purchase or your use of our websites, mobile applications, or services, you are consenting to receive electronic notice of any information security issues using your most recent email address in our records

Links To Other Websites

Our websites and mobile applications may contain links to third-party websites to which this Privacy Statement does not apply ("Linked Websites"). Your use of Linked Websites will be governed by the terms of use, privacy policies, and other terms, notices, and policies set forth on or referenced in those Linked Websites.

International Data Transfers

This Privacy Statement describes our policies and procedures in the United States and Canada. We are a global company, and personal information we collect in the United States and Canada may be transferred to other jurisdictions (such as the United States, Canada, and the European Union) as permitted by law, for the purposes described in this Privacy Statement, and the information may become subject to the laws of those jurisdictions and accessible to authorities in those jurisdictions.

Your Options Regarding Personal Information

We have established processes by which you or an authorized agent can submit requests regarding your personal information. To exercise your options as described in this Privacy Statement, you may contact us in one of the following ways:

by completing the web form at connected to the link at bottom of page, or
by mail at: Death, Plague, Pestilence & Greed LLC, c/o The Gotham Group 1041 N. Formosa Ave Formosa West Building, Suite 200 West Hollywood, CA, 90046

Collectively, these are referred to as the “Communication Methods.” To effectively exercise your privacy options or inquire about how we handle your personal information, you must use one of these Communication Methods. You may also send questions or complaints to our Privacy Officer using the above Communication Methods, and we will take appropriate steps to address any legitimate concerns or complaints.

The list below describes types of requests you may make to us regarding information we have collected from you:

Request to Know: You may ask us to furnish you with (i) the specific pieces of personal information we have collected about you; (ii) the categories of personal information we have collected about you; (iii) the categories of sources from which we collect information about you; (iv) the business or commercial purposes for collecting information about you; (v) the categories of third parties with whom we share or have shared personal information about you; (vi) the categories of personal information we have shared about you; or (vii) profiling or automated decision-making affecting you
Request to Delete: You may ask us to delete any personal information that we have collected from you and to direct our service providers to delete your personal information from their records.
Request to Correct: You may ask us to correct or update your personal information that has been previously provided to us
Request to Opt-Out of Sale: You may request that we not sell your personal information.
Request to Opt-Out of Selling or Sharing of Personal Information: You may request that we not sell your personal information or share your personal information to third parties for certain purposes.
Request to Opt-Out of Targeted Advertising: You may ask us not to target advertisements to you based on your behavior across contexts.
Request to Opt-Out of Sharing for Third-Party Marketing: You may ask us not to share your personal information with unaffiliated third parties solely for their independent direct marketing purposes (under California’s Shine the Light Law).
Request to Opt-Out of Profiling and Automated Decision-Making: You may ask us not to use your personal information in profiling or automated decision-making processes.
Request to Opt-Out of the Use or Disclosure of Sensitive Personal Information: You may ask us not to use your sensitive personal information for certain purposes.
Request to Opt-In: After making an opt-out request listed above, you may choose to opt back in.

We will make commercially reasonable efforts to accommodate your Request to Know, Delete or Correct within 45 days; however, we may notify you during the initial 45-day period that we will extend the timeframe as permitted by law. We will make commercially reasonable efforts to accommodate your Request to Opt-Out within 15 days. We reserve the right to deny any request to the extent permitted by applicable law. We may decline a Request to Delete, in part or in whole, if we determine that there is a lawful basis for retaining the information, including because the information is necessary to (i) complete a transaction or perform a contract between us; (ii) ensure security; (iii) debug or repair errors; (iv) exercise a legal right; (v) comply with another law or a legal obligation; (vi) conduct research; (vii) enable solely internal uses that are reasonably aligned with our consumers’ reasonable expectations; or (viii) otherwise use the information, internally, in a lawful manner that is compatible with the context in which you provided the information. If we deny a request, in whole or in part, we will notify you using the Communication Method you have selected, and we will provide you with instructions on how to appeal the decision. We will not discriminate against you because you have made a request described in this Privacy Statement or otherwise exercised your rights under applicable law. We may offer financial or non-financial incentives in connection with programs that require you to disclose certain personal information, such as a customer loyalty program, but only if you opt in to such an incentive program. If you ask us to delete your information or limit the use of your information, we will comply with your request, but you may lose some or all of the benefits associated with the incentive program. (For example, if you ask us to delete your personal information, you will lose any accumulated loyalty program points.)

Information regarding the consumer privacy requests we received in the prior calendar year is available here.

How Your Identity Will Be Verified

For your privacy and security, and to prevent fraud and other harmful activities, when we receive a request through one of the Communication Methods, we may need to ensure that the person submitting the request is the person they purport to be. Accordingly, we may take reasonable measures to verify the identity of the person submitting the request, as further described in our privacy request web portal. If we ask you to verify your identity, you must promptly cooperate with our efforts so that we can fulfill your request.

Requests from Authorized Agents

If you submit a consumer privacy request on behalf of another person, you must verify your legal authority to act on behalf of that person, and your identity and the identity of the other person, to our satisfaction before we can fulfill your request.

How You Can Opt Out of Online Advertising or Other Promotional Communications

In addition to the options described above, you can take other steps to limit the collection, use and sharing of your personal information. You can manage how your device, mobile browser and other devices share information with our websites and mobile apps, as well as how your browser handles cookies and other tracking technologies, by adjusting the privacy and security settings on your device. Please refer to instructions provided by your service provider or the manufacturer of your device to learn how to adjust your settings. Our websites currently do not have a mechanism to recognize an Internet browser’s “Do Not Track” signals, and we cannot follow those signals. Several of the companies that utilize cookies or other tracking or monitoring mechanisms enable you to opt out of advertising through mechanisms established by trade groups. If you wish to reduce this type of third-party, interest-based advertising, you may opt out of advertising from members of the National Advertising Initiative here, and from members of the Digital Advertising Alliance here (for US) or here (for Canada). Please note the links in the prior sentence will not opt you out of receiving all marketing communications from us. There are other ways in which you can tell us whether or not you want to receive promotional communications from us. When you set-up an account or log into your account on our websites or mobile applications, you may have an opportunity to make or change your selections with respect to each brand. You also will have an opportunity to opt-out of advertising email messages from us by clicking on an "unsubscribe" hyperlink contained in commercial e-mails those brands send you. If you receive a text message (SMS or MMS) from one of our brands and would like to opt out of receiving further text messages, you may do so by following the opt-out instructions within the text message.

Changes to This Privacy Statement

We will review our Privacy Statement periodically (at least annually), and we reserve the right, in our sole discretion, to revise, change or modify this Privacy Statement at any time. We will post any changes to this Privacy Statement on our websites and they will be effective as of the date of posting. We encourage you to visit this page periodically to review this information. By engaging with us, including by visiting our website(s) or mobile application(s), after this Privacy Statement has been updated, you agree to the updated terms of this Privacy Statement. This Privacy Statement was last updated on January 22, 2024.