ARBITRATION NOTICE AND CLASS ACTION WAIVER
IMPORTANT NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THE TERMS OF SERVICE BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "ARBITRATION" SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "ARBITRATION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FAVORITELY , ("FLLC") WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDINGS.
The Platform (as defined below) is part of a social media platform that allows providers of content that have registered with FLLC to offer access to certain features, content, and various other services provided to other users of the Platform. Such features, content, and various other services may or may not be adult oriented in nature. Access and registration to the Platform is free. Paid services on this Platform are required to be purchased.
This agreement referred to as "General Terms of Service," lists the specific terms and conditions that will apply when you use our Platform (as defined below). You hereby agree to be bound by this General Terms of Service, and the applicable Terms for Creators and/or Terms for Users . In case you don't agree to all the terms and conditions set out in these documents, you must not use the Platform. Please read these General Terms of Service, your applicable Terms for Creators and/or Terms for Users , and our Privacy Policy very carefully before using the Platform for any purpose.
This agreement contains disclaimers of warranties, limitations on liability, releases, a class-action waiver, and the requirement to arbitrate all claims that may arise under this agreement. These provisions are an essential basis of this agreement.
By clicking on the words "I agree," "Submit," or similar syntax, you are electronically signing this agreement, and therefore agree to be bound by and acknowledge your complete acceptance of all the express and incorporated terms of this General Terms of Service. If you do not agree to this General Terms of Service or do not meet the age requirements, you must not register.
You acknowledge and agree that our Privacy Policy will apply to you when you use the Platform. Our Privacy Policy explains how we use, store, collect, disclose your personal information along with your rights and choices concerning your information. You must not use the Platform in case you do not agree with any of the terms set forth in the Terms of Service or the ways we use your personal information in our Privacy Policy .
Please note that the "Company," "we," "our," or "us" in the Terms of Service mean FLLC and all other parent and affiliate entities. FLLC is located at 30 Gould Street, Ste 4, Sheridan, WY 82801. In all cases, "we," "our," or "us" includes parents, affiliated, agents, consultants, employees, officers, and directors.
Section 230(d) Notice: For users based in the United Sates, note that in accordance with 47 U.S.C. § 230(d), you are hereby notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms.
MINORS PROHIBITED: THE PLATFORM MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING ADULT-ORIENTED CONTENT AND IS NOT INTENDED FOR MINORS. ONLY ADULTS (1) WHO CAN LEGALLY ENTER INTO AN AGREEMENT, (2) WHO ARE AT LEAST 18-YEARS OLD AND (3) WHO HAVE REACHED THE AGE OF MAJORITY WHERE THEY LIVE MAY ACCESS THE PLATFORM. WE FORBID ALL PERSONS WHO DO NOT MEET THESE AGE REQUIREMENTS FROM ACCESSING THE PLATFORM.
CHILD PORNOGRAPHY PROHIBITED: WE PROHIBIT PORNOGRAPHIC CONTENT INVOLVING MINORS. We only allow visual media of consenting adults for consenting adults on the Platform. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Platform, please promptly report this to us at [email protected] . Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography.
PROSTITUTION AND SEX TRAFFICKING PROHIBITED: WE PROHIBIT THE PLATFORM AND ITS INTERACTIVE SERVICES FROM BEING USED IN ANY WAY TO ENGAGE IN, PARTICIPATE IN, ASSIST, SUPPORT, PROMOTE, SOLICIT, OR FACILITATE ANY ACT OF PROSTITUTION OF ANOTHER PERSON OR SEX TRAFFICKING OF ANOTHER PERSON. This includes using the Platform or its Interactive Services to share personal contact details or arrange face-to-face meetings. If you see any evidence of the foregoing on the Platform, please promptly report this to us at [email protected] . Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take appropriate action. We will terminate the account of any person engaging in any of the foregoing and will report all individuals suspected of promoting or facilitating prostitution of another person or sex trafficking to the appropriate law enforcement agency. We fully cooperate with any law-enforcement agency investigating prostitution or sex trafficking.
TERMINATION/SUSPENSION: FLLC may, in its sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, violation of any term of this Agreement. Any activity which we believe, in our sole discretion, to even possibly be illegal, fraudulent, abusive, or in violation of our community standards, or our rules, may be grounds for termination of your access to all or part of the Platform. In those cases, we reserve the right to refer any such activity to any appropriate law enforcement agencies. Termination of an Account will be paid for any tokens remaining in the Account at the time of termination, as long as the amount in the respective account exceeds payment minimums, paid according to payment information on file and on the next scheduled payout date. If the amount remaining in the account does not exceed payment minimums, the amount is forfeited.
"Account" means an account you create on our Platform.
"User" means users that have registered with the Platform as such and that have agreed to abide by this General Terms of Service and the additional set of Terms for Users .
"Affiliate Entities," with respect to FLLC, means FLLC, its subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers, and directors. It also includes FLLC and its affiliate entities third-party content providers, distributors, licensees, or licensors.
"Content" means all the data that Creators create, upload, generate or transmit on or through the Platform, including but not limited to user's profile picture, videos, or other content authored, designed or published by the user, if allowed by the Platform. You are responsible that all Content shall be in compliance with the Terms of Service at all times.
"Content Purchase" means the transaction between a Creator and an User to gain access to Content posted by the Creator in the Platform. FLLC is not part of any such relationship. FLLC merely facilitates the publication of Content in the Platform that allows the User to receive it and the payment made by the User to the Creator to gain access to such Content.
"Creator" means users that have registered with the Platform as such; that have agreed to abide by this General Terms of Service and the additional set of Terms for Creators . Creators offer their Content through the Platform to Users for purchase under the applicable terms and conditions set forth in the Terms of Service.
"Creator's Offering" means Content posted by the Creators for Users to gain access by either purchasing Content, Creators' feed subscriptions, paid email chat, tipping, and other services that may be offered in the future.
"Platform" means our services, content, products, applications, www.favoritely.com , www.favoritely.com , other domains or websites operated by FLLC.
"Special Deals" means any special programs, including offers, and special gifts that we may offer to certain eligible users from time to time.
"Submissions" shall have the meaning assigned to it in Section 13, below.
"Terms of Service" means the terms and conditions described in this General Terms of Service, together with the terms and conditions set forth in the Terms for Users with respect to Users; and the Terms for Creators with respect to Creators.
" Terms for Users " means the additional set of terms and conditions that govern the relationship of the Users with us and other users and/or Creators while using the Platform. Whenever this document refers to the Terms of Service, the Terms for Users are considered to be part of such Terms of Service for the applicable User.
" Terms for Creators " means the additional set of terms and conditions that govern the relationship of the Creator with us and other users and/or Users while using the Platform. Whenever this document refers to the Terms of Service, the Terms for Creators are deemed to be part of such Terms of Service for the Creators.
We reserve the right to change, modify, add, or remove portions of the Terms of Service at any time and at our sole discretion. The amended Terms of Service may be posted on our website. Any material changes may also be additionally notified through an e-mail message or messaging within the Platform. All the changes will be effective when posted, unless we state otherwise. Any new versions of the Terms of Service and other policies, rules or codes, will be accessible at www.favoritely.com. In the event that you continue to use the website after the changes are posted, you automatically agree that the changes apply to your continued use of the Platform.
In the event of a dispute, the Terms of Service version applicable would be the version in effect at the time we received actual notice of the dispute.
In case of a conflict between any provisions or information of the Terms of Service or our Privacy Policy with other terms or policies, the Terms of Service and the Privacy Policy as applicable shall govern.
You will be required to create an Account and select a password for using the Platform. We may also require personal information such as your full name, date of birth, contact details including e-mail address, and, in some cases, payment information. We confirm that all the information obtained from you will be used and held in accordance with our Privacy Policy.
You agree and confirm that all the information you provide will be complete and up-to-date especially your contact details.
We will not be responsible for maintaining the security of your Account and such responsibility lies entirely with you. You shall not share your personal and Account details with anyone else except yourself or allow anyone else to use or access your Account. All acts performed through your Account will be treated as being performed by you only and hence you fully accept the responsibility for all acts committed or done using your Account, whether or not authorized by you, including any purchases made using any payment method registered or authorized by you (for example, credit card). In case someone else uses your Account and any losses occur to the us or any other user of the Platform, you will be held fully liable for any such losses incurred by us or any other user of the Platform.
We expect to be informed immediately in case you become aware of any actual or suspected theft, loss, fraud, or any unauthorized use of your Account or password.
Who can use our Platform
We want everyone to use the Platform. However, there are certain restrictions on who can use it.
You may not use our Platform:
Adult-Oriented Content
The Platform contains uncensored material that may be sexually explicit, unsuitable for minors. Only adults (1) who can legally enter into an agreement, (2) who are at least 18-years old and (3) who have reached the age of majority where they live may access the Platform. If you do not meet these age requirements, you must not access the website and must leave now. By accessing the Platform, you state that the following facts are accurate:
Accessing our Platform
To access many of the Platform's features, you must create an Account. Registration is free and for a single user only. To register, you must complete the registration process by providing accurate information as prompted by the applicable registration form. You also must choose a password and a user name. The username must not be offensive and must not infringe another person's service mark, trademark, or trade name. By creating an Account, you state that (a) all account registration, and profile information you provide is your own and is accurate; (b) if you previously had an Account on the Platform, your old account was not terminated or suspended for violation of this agreement; and (c) you are creating an Account for your own personal use and you will not sell, rent, or transfer your Account to any third party.
We will only provide the Platform. To download and use our Platform, you will provide the equipment such as computer, phone, tablet and any other device required to connect with the Internet and pay any necessary fees to connect to the app stores and Internet, and for data or cellular usage.
Service Changes and Limitations
We may from time to time make you update the Platform or your software. You will be required to accept these updates to the Platform as well as to the Terms of Service, and our Privacy Policy . The updates may be performed remotely without notifying you, including to our software residing on your computer or mobile device.
Your right to use our website or any part of the Platform is reserved with us and we may at any time stop to offer and/or support the Platform, either permanently or temporarily. In such an event, your right to use the Platform or any part of it will be terminated or suspended automatically and we will not be required to provide benefits, refunds, or other compensation to you in connection with discontinued elements of the Platform previously earned or purchased, unless applicable law requires otherwise.
WE MAY, AT OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE PLATFORM OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR PLATFORM, AND ITS CONTENT, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS. YOU MAY NOT BRING ANY CLAIM AGAINST US FOR LIMITING ACCESS TO OUR PLATFORM, SUSPENSION, TERMINATION, OR DELETION OF ANY ACCOUNT FOR ANY REASON. IF ANY SUCH CLAIM IS BROUGHT AGAINST US, YOU ARE RESPONSIBLE FOR ALL DAMAGES CAUSED TO US OR EXPENSES THAT WE WOULD INCUR TO MAINTAIN LIMITING YOUR ACCESS TO OUR PLATFORM, SUSPENSION, TERMINATION, OR DELETION OF ANY ACCOUNT, INCLUDING ATTORNEY FEES AND COSTS. THE TERMS OF SERVICE REMAIN IN EFFECT IF THE ACCOUNT IS ACTIVE OR INACTIVE OR YOU NO LONGER HAVE AN ACCOUNT.
This does not apply to users located in the EEA. If you are located in the EEA, we will endeavor to give you at least one month's notice of any material changes before they take effect, and if you feel said changes are unsatisfactory, you can choose to cancel your access to our Platform under the Terms of Service.
Deleting your Account
At any time, you may stop using our Platform or request that we delete your Account by following the instructions in our Privacy Policy . We are not required to provide refunds, benefits, or other compensation if you request deletion of your Account, unless applicable law requires otherwise.
OWNERSHIP; LIMITED LICENSEOur Platform
Our Platform is comprised of works that are owned or licensed by us and they are protected by patents, trademarks, copyrights, trade dress, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. The Terms of Service are not intended to grant and do not grant to you any right, title, or interest beyond the limited access to such materials to allow the proper use of the Platform and limited to the Terms of Service.
You agree that we will bear no liability to you or any third party for any damage or loss arising from unauthorized uses of the Platform.
This agreement permits you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:
We may take action against you, if you breach the Terms of Service, or any of our other terms that apply to you. Such action may include, but not limited to, terminating your account. In addition, you may be breaking the law, including breaches or violations of our intellectual property rights.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE PLATFORM, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE PLATFORM, IS A BREACH OF THE TERMS OF SERVICE AND OUR POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
The data and materials on the Platform, including the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual, or downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Platform (collectively, the "Materials") are either the intellectual property of FLLC, its licensors, and its suppliers, or have the authority to use them. The Materials are protected by United States copyright, trade dress, patent, trademark, and other laws, international conventions, and proprietary rights and all rights to the Materials remain with the Company, its licensors, or its suppliers, as the case may be. The users do not acquire any ownership rights in the Platform. Except as we expressly authorize, users will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials. If, with authorization, you download or print a copy of the Materials for use, you must retain all copyright, trademark, or other proprietary notices. We reserve all rights not expressly granted in and to the Platform and the Materials.
Our name and logo; the term FAVORITELY; and all related names, logos, product and service names, designs, and slogans are the our service marks and trademarks. You will not use these marks without our written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the service marks and trademarks of their respective owners.
We hereby grant you a non-exclusive, non-transferable, non-sub-licensable (except as otherwise provided in this agreement), revocable, limited license to access and use the Platform and the related software in accordance with this agreement (including the right to create a profile, upload content, and sell content through the Platform). Any use other than as expressly permitted by this agreement is strictly prohibited.
Company Proprietary Rights
The data and materials on the Platform, including the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual, or downloadable materials, as well as the selection, organization, coordination, compilation, and overall look and feel of the Platform (collectively, the "Materials") are either the intellectual property of FLLC, its licensors, and its suppliers, or have the authority to use them. The Materials are protected by United States copyright, trade dress, patent, trademark, and other laws, international conventions, and proprietary rights and all rights to the Materials remain with the Company, its licensors, or its suppliers, as the case may be. The users do not acquire any ownership rights in the Platform. Except as we expressly authorize, users will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials. If, with authorization, you download or print a copy of the Materials for use, you must retain all copyright, trademark, or other proprietary notices. We reserve all rights not expressly granted in and to the Platform and the Materials.
Our name and logo; the term FAVORITELY; and all related names, logos, product and service names, designs, and slogans are the our service marks and trademarks. You will not use these marks without our written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the service marks and trademarks of their respective owners.
We hereby grant you a non-exclusive, non-transferable, non-sub-licensable (except as otherwise provided in this agreement), revocable, limited license to access and use the Platform and the related software in accordance with this agreement (including the right to create a profile, upload content, and sell content through the Platform). Any use other than as expressly permitted by this agreement is strictly prohibited.
Your Account
Your Account, regardless of any other statement in the Terms of Service that apply to features you may choose to use, is not your property. You do not own any Account that you create on our Platform, it only gives you a limited license and right to use your Account.
WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS IN ORDER TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR PLATFORM.
User Content
You may transmit, upload, publish or post Content onto the Platform, and in doing so, you agree that:
You are solely responsible for backing up and securing your Content as it will be processed by us in accordance with our Privacy Policy .
We will consider any Content that you publish, post, or transmit as non-confidential and non-proprietary. You give us a perpetual and irrevocable (other than as provided below or in our Privacy Policy ), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content and any modified and derivative works thereof in connection with the website, including in marketing and promotions while you will retain all of your ownership rights in your Content. You waive any moral rights you may have in any Content (like the right to be identified as the author of the Content or the right to object to a certain use of that Content) to the extent allowed by applicable laws.
If, in our opinion, any Content does not comply with the Terms of Service, we reserve the right to remove such Content from the Platform. In case we receive a notice or legitimate complaint from a third party that any Content constitutes a breach of such third party's intellectual property rights or their right to privacy, we will have the right to disclose your identity to such third party, and the user waives any privacy complaints to us in such an event. Wherever legally required to do so, we will disclose your Content to other third parties or government bodies if they so request and require.
When you request deletion of your Account by submitting a request to [email protected] as described in our Privacy Policy , our license to your Content ends, with the following exceptions:
Any Content submitted in response to promotions. Such content will be subjected to any terms provided in the promotion; Content either shared with others, which they have not deleted or already used publicly as allowed under the Terms of Service; and In case any Content is subject to a separate license with us, such content will be subjected to the terms of such license.We will take reasonable steps to remove your Content from active use, which may include suppression of your Content in our systems, if you request deletion of your Content. Content may however continue to persist in our systems, along with in back-up copies. If we reasonably believe it is legally required, we may retain copies of any Content with us.
We cannot guarantee that other users will not use the ideas and information that you share when you post, publish, or transmit your observations and comments on the website, such as in blogs, forums, and chat features. It is recommended to not post any idea or information that you would like to keep confidential and/or don't want others to use. WE WILL NOT BE HELD RESPONSIBLE FOR ANY OTHER PERSON'S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU TRANSMIT, POST, OR PUBLISH IN ANY FORUMS, CHAT ROOMS OR BLOGS.
We have no obligation to monitor the Platform for illegal or inappropriate Content or Content that violates the Terms of Service or the conduct of other users. We will not be held responsible for information, materials, products, or services provided by other users (for instance, in their profiles) and Content is not approved by us. In case of suspected violation of the Terms of Service or misuse of the Platform, please use the "Report Abuse" link provided in the Platform or contact us at [email protected] .
We have the right, in our sole discretion, to record, monitor, or store your communications and interactions with the Platform or your communications with the Platform or any other user when you are using the Platform. At our discretion, we may choose to edit, refuse to post, or remove any Content from the Platform. If we determine that your communications or Content violate the Terms of Service, we have the right, in our sole discretion and without notice, to disable your ability to post Content or to communicate with other users, or we may terminate your access to the Platform entirely.
You are responsible for your interactions with other users. If you have a problem with another user, we are not required to get involved, but we can if we desire. Any Content Purchase is considered to be an agreement between the Creator and the purchasing User, governed by the applicable terms of the Terms of Service and the specific terms set by the Creator offering its content through the Platform.
If you have a dispute with another user, you release us and all of our Affiliate Entities from responsibility, claims, demands, and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use, or data. This does not apply to users located in the EEA. If you are located in the EEA, your liability vis-à-vis is as set forth by the law applicable in the country where you reside.
The Platform allows Creators to offer and sell access to the Content they post in the Platform and Users to purchase access to such Creator's Offering in exchange for a one-time or recurring fee, as determined by each Creator. Creators set their own pricing. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. Buying paid services from one Creator does not grant you access to Content from another Creator. You must separately buy Content to each Creator you want access to. All relevant rules for payments for Content Purchases are set forth in the Terms for Users .
We may offer limited promotions and Special Deals. Please review terms associated with any promotion and Special Deals as they will apply to them in addition to the Terms of Service.
It is not compulsory for us to give, and it is not compulsory for you to accept any Special Deals. All Special Deals will be at our sole discretion and no Special Deals can be transferred, redeemed, or exchanged for other things of value. In the event you accept a Special Deal, you may be required to sign a liability release and a declaration of eligibility to receive the Special Deal. Before you accept the Special Deal, we will disclose any taxes, or other charges, for the Special Deal. Once accepted, you assume all liabilities associated with the Special Deal.
Some Creators may promote competitions, promotions, prize draws, and other similar opportunities on the website ("Third-Party Competitions"). We are not the sponsor or promoter of such Third-Party Competitions and do not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer, or are otherwise involved in any promotion of such Third-Party Competitions. If Users wish to participate in any Third-Party Competitions, Users are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in such Third-Party Competitions in the User's country of residence.
Notwithstanding other prohibitions set for the in the Terms of Service, we have a list of prohibited activities which you agree you will not do under any circumstances while using the Platform. This prohibitions include:
Our Platform may feature advertisements from us or third parties. Our Privacy Policy explains what information we share with advertisers. Please read it.
Sometimes we provide links on the Platform to other third-parties' websites or to others who invite you to participate in a promotional offer and offer you some feature of the website or upgrade in exchange. Any charge or obligation you take on in dealing with these other companies is your responsibility.
We are not responsible for any third-party website that we link toon our website, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.
Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies' content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.
We require all users of the Platform to comply with copyright and related laws. We are committed to complying with copyright and related laws. We prohibit storing any material or content on, or disseminating any material or content over the Platform in any manner that constitute an infringement of third party intellectual property rights, including rights granted by copyright law to the owners of the copyrighted works. Owners of copyrighted works in the United States may report alleged infringements by taking advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the "DMCA") - especially the owners who believe that their rights under copyright law have been infringed. Without obtaining the prior written consent from the owner of proprietary and Intellectual Property rights, we prohibit you from modifying, reproducing, posting, or distributing in any way any copyrighted material, trademarks, or other proprietary information belonging to such owners. Upon receipt of proper notification by the copyright owner or the copyright owner's legal agent, we can terminate privileges of any user who repeatedly infringes the copyright rights of others.
We encourage you to contact us immediately in case you believe that a posted message or any other material posted on the website is objectionable or infringing any proprietary work. Upon receipt of a notice or complaint, we will remove or stop access to, the material claimed to be infringing and will follow the due procedures specified in the DMCA to resolve the claim between the complainant and the alleged infringer who posted the content in issue.
If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide our designated agent (indicated below) with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Platform;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
(g) Our designated agent for notice of claims of copyright infringement can be reached as follows:
By E-Mail: [email protected] Subject line: DMCA
We are always pleased to receive feedback/ideas regarding existing features with the exception of unsolicited ideas and expressions. We will consider only specific feedback/ideas on existing features, and reserves the right to discard ideas that our policy will not permit us to accept or consider. You can post these feedbacks/ideas at: [email protected] .
Any feedback you provide is deemed to be non-confidential and non-proprietary. We may use such information on an unrestricted basis, without having an obligation to compensate you or any other third party.
We strictly do not accept or consider any unsolicited suggestions, proposals, ideas, materials, or comments ("Submissions"). In case you still send your Submissions, then regardless of the contents of your Submissions, the following terms shall apply in which you agree that:
Availability of the Platform
FLLC and its Affiliate Entities, make no guarantees or promises that the Platform or any content provided on the Platform will always be available without any interruption or will be error-free. We may for business and operational reasons, withdraw, stop, suspend, interrupt or restrict the availability of all or any part of our Platform.
Warranty Disclaimers
USE OF THE PLATFORM IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM. FLLC AND ITS AFFILIATE ENTITIES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the website or the shortest period required by law.
YOU ACKNOWLEDGE THAT FLLC, AND ITS AFFILIATE ENTITIES ARE NOT LIABLE -
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PLATFORM; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PLATFORM AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE PLATFORM AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE WEBSITE AND EXTERNAL SITES.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THE TERMS OF SERVICE APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE PLATFORM, OR RELATED TO USE OF, OR INABILITY TO USE, THE PLATFORM, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF FLLC AND ITS AFFILIATE ENTITIES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US, AND/ OR OUR AFFILIATE ENTITIES FOR USE OF THE PLATFORM, PRODUCTS OR USER CONTENT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID US AND/OR OUR AFFILIATE ENTITIES ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR ANY OF OUR AFFILIATE ENTITIES IS TO STOP USING THE PLATFORM AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above, which means these limitations/exclusions may not apply to you if you reside in one of those states or countries.
These limitations/exclusions to do not apply to users located in the EEA. For those users, if we fail to comply with the Terms of Service, we are responsible for loss or damage you suffer that is a foreseeable result of the breach of the Terms of Service or is a result of negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Terms of Service.
You will indemnify and hold harmless FLLC and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the website or User Content or (ii) your violation of the Terms of Service.
Governing Law
The governing law for the Terms of Service of Service and any action related thereto will be the laws of the State of Texas, without regard to its conflict of laws provisions.
Trial by Jury and Class Action Waivers
You acknowledge and agree that you and FLLC are each waiving the right to a trial by a judge or a jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Agreement to Arbitrate
You and FLLC agree that any dispute, claim or controversy arising out of or relating to the Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform or Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide us with written notice of your desire to do so by email at [email protected] within thirty (30) days following the date you first agree to the Terms of Service (such notice, an "Arbitration Opt-out Notice"). If you don't provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. Further, unless both you and FLLC otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor FLLC are entitled to arbitration; instead all claims and disputes will be resolved in a court of competent jurisdiction. In any litigation between you and FLLC over whether to vacate or enforce an arbitration award, you and FLLC waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of the Terms of Service.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The venue for any arbitration shall be Houston, Texas.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision
The arbitrator will decide the jurisdiction of the arbitration and the rights and liabilities, if any, of you and FLLC. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you FLLC.
Fees
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder split evenly between the parties, unless otherwise required by law. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
Changes
Notwithstanding the provisions of modifications provided above in Section 2, if we change this "Dispute Resolution" section after the date you first accepted the Terms of Service (or accepted any subsequent changes to the Terms of Service), you may reject any such change by sending us written notice (including by email to [email protected] within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted the Terms of Service (or accepted any subsequent changes to the Terms of Service).
Survival
This Section 16 shall survive termination of the Terms of Service.
If you are located in the United States, you agree that the Terms of Service affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of Section 16 related to Dispute Resolution and Class Action Waiver.
Further, our relationship and the Terms of Service will be governed by the law of the State of Texas, except for its conflict of laws principles.
If you are located outside the United States, our relationship and the Terms of Service will be governed by Vienna International Arbitral Centre (VIAC), Vienna.
Unless the parties agree to any other location, any judicial proceedings other than the small claims actions and the ones that are excluded from the Arbitration Agreement - Section 16, including any intellectual property or copyright infringement claims or, if you timely provide us with an Arbitration Opt-out Notice, must be brought in a state or a federal court in the State of Texas. You, FLLC and its Affiliate Entities all consent to personal jurisdiction and venue in the State of Texas.
You and FLLC agree that the contents of each of the paragraphs of the Terms of Service operate separately. If any part of the Terms of Service, is unenforceable, the rest of the Terms of Service, shall still apply and shall be binding, and any part which is not an enforceable term will be replaced with a term or a clause that comes as legally and economically close to the unenforceable term as possible, with the possible exceptions as described in Section 16.
We may, with or without your consent, give its rights, or its obligations, under the Terms of Service, to any person or entity. You, however, without first getting our written consent, cannot give or sell your rights or your obligations under the Terms of Service to anyone, and any attempt to do so without our consent is void and actionable against you.
The Terms of Service, along with any other policies or rules referenced in the Terms of Service, make up the entire agreement between you and us relating to the subject matter present in the Terms of Service, and supersede all prior understandings, confirmations, and agreements of the parties relating to the subject matter of the Terms of Service, irrespective whether those prior understandings were oral or written, electronic, or whether established by any custom, practice, policy or precedent, between you and us.
The language used in the Terms of Service, Privacy Policy , or any other terms or policy is English. Any translated version of these documents provided to you is for informational purposes only. In case the translated version means something different from the English language version, then the English meaning will be applicable.
The failure of us to require or enforce strict performance by you of any provision of the Terms of Service or our Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by us of any provision, condition, or requirement of the Terms of Service or our Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in the Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by us shall be deemed a modification of the Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and our duly appointed officer.
With respect to the releases of liability set out in the Terms of Service, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in the Terms of Service and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
You hereby waive all rights under section 1542 and under any other federal or state statutes or laws of similar effect.
We may send notice(s) to you of something according to the Terms of Service. Such notice(s) will be notified to you by (i) posting a message on our Platform, or (ii) sending you an e-mail, or (ii) other ways of communication based on the contact information you provide to us.
If you have to give us notice of something according to the Terms of Service, the notice must be in writing and addressed to FLLC, 10737 Cutten Road, Houston, Texas 77066, unless we have provided a more specific way of notifying us.
We will not be held liable for any damages or problems arising out of our control. Any damage or problem caused by act of God such as floods, natural disasters will not be covered by us. In addition to act of God, will also not cover any damages or problems caused by network infrastructure failures, pandemics, strikes, riots, war, terrorism, fire, embargoes, acts of civil or military authorities, accidents, or shortages of transportation, facilities, fuel, energy, labor, or materials.