GENERAL TERMS AND CONDITIONS FOR USE OF THE
FARGOTUBE SYSTEM
Effective April 30, 2010
The following terms and conditions govern your use of the FargoTube System (the "Service"), a service of F3 Technologies, Inc. ("F3"), and materials available therein ("Materials"). "Customer" means the party utilizing F3's services by means of FargoTube.
MODIFICATION TO TERMS
F3 reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
USE OF SERVICES
The Service contains features designed to enable you to communicate with the public at large, individual community members or with community groups, therefore you agree to use the Service only to post, send and receive messages and material that are proper and related. By way of example, and not as a limitation, you agree that when using a Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Conduct or forward pyramid schemes or chain letters.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Service.
- Violate any code of conduct or other guidelines which may be applicable.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
F3 has no obligation to monitor the Service. However, F3 reserves the right to review materials posted to the Service and to remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property. F3 reserves the right to terminate your access to any or all of the Service at any time without notice for any reason whatsoever.
F3 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in F3's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in the Service. F3 does not control or endorse the content, messages or information found in any Service and, therefore, F3 specifically disclaims any liability with regard to the Service and any actions resulting from your participation in any Service.
ACCOUNT TERMS
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your account may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. F3 cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who are sharing your pages).
- One person or legal entity may not maintain more than one account.
- Pages being "Publicly" shared may be promoted and linked by F3 as example uses of the Service.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these Account Terms will result in the termination of your Account. While F3 prohibits such conduct and Content on the Service, you understand and agree that F3 cannot be responsible or liable for the Content posted on the Service and you agree to use the Service at your own risk.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. F3 does not accept any liability for such loss.
CANCELLATION AND TERMINATION
You are solely responsible for properly cancelling your account via phone or email request to support@fargotube.com.
- All of your Content will be immediately deleted from the Service upon cancellation.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately but you will not be charged again.
- F3, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other F3 service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. F3 reserves the right to refuse service to anyone for any reason at any time.
MODIFICATIONS TO THE SERVICE AND PRICES
- F3 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Notice of discontinuation of service must be provided to community administrators via phone or email prior to disconnect.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the FargoTube website (www.fargotube.com) or the Service itself.
F3 shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
COPYRIGHT AND CONTENT OWNERSHIP
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow anyone to view and share your Content.
- By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- The look and feel of the Service is copyright©2003-2010 F3 Technologies, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from F3.
GENERAL CONDITIONS
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Technical support is provided during normal working hours from 8AM to 6PM EST via phone or email. Support issues received after normal working hours will be addressed within 24 hours.
- You understand that F3 uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, F3, or any other F3 service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by F3.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any F3 customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- F3 does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. F3 does warrant that it will keep up best faith efforts to keep the system error free and operational with accurate and reliable information displayed at all times.
- You expressly understand and agree that F3 shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if F3 has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service. The failure of F3 to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and F3 and govern your use of the Service, superseding any prior agreements between you and F3 (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support@fargotube.com.
INDEMNITY
- You agree to indemnify and hold harmless F3, its subsidiaries, affiliates, officers, agents, co-branders, other partners, and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service (including, without limitation, any User Content), your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another; provided, however, that your indemnification obligation under this section will be subject to any applicable statutory or common law defenses, immunities, or limits on liability.
- EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, F3 MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR YOUR GROUP SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE ACCESSED VIA THE SITE WILL BE CORRECTED.
- The site may include technical or other mistakes, inaccuracies or typographical errors. F3 may make changes to the Service at any time, without notice. F3 makes no commitment to update or maintain any materials on the Service or any Services.
- F3 assumes no responsibility for errors or omissions in the information, materials, software and/or Services which are referenced by or linked to the Service.
- In no event shall F3 or its licensors, partners or suppliers by liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not F3 has been advised of the possibility of such damages, and regardless of the theory of liability, whether in contract, negligence or otherwise, arising out of or in connection with the use of the Service or of any website referenced or linked to or from the Service.
- The use of the Services or the downloading or other acquisition of any materials through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damages to your computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by you from F3 or through or from the Service shall create any warranty not expressly stated in this agreement.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section may not apply to you.
JURISDICTION
Any lawsuit filed by either party to enforce or construe any right granted under this Agreement or to assert any claim arising from the Services provided by F3 to Client shall be filed exclusively in the State of Georgia. In connection with any such action, Client consents to jurisdiction in the Courts of Georgia. In any such action, the parties agree that the laws of the State of Delaware shall apply and shall govern the determination of the action.