Terms of Service
FOMOSYNC Terms of Service 20 minutes read
Additionally by using the Websites You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Websites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Company is not responsible for any third party’s misuse or misappropriation of any content or information You transmit to or post on the Websites.
The Websites provide social notifications, marketing notification, and informational notifications to website users to stimulate interactions and other activities for website owners and website operators for a monthly or annual subscription payment.
In order to access the Company Services You must complete the registration process by providing Company with current, complete and accurate information, as more specifically required by the then current registration procedures. You may be required to specify a username and password and provide their name, company name, address, and email address. You shall maintain and update Your registration data from time to time to ensure that it is always accurate. Company may refuse to accept Your application at its sole discretion. Registering to participate complies acceptance of these Terms.
Company may revise these Terms at any time by posting an updated version to the Websites. You should visit this page periodically to review the most current Terms because they are binding on You. Users who violate these Terms may have their access and use of the Websites suspended or terminated, at Company’s discretion.
You agree to pay all applicable fees for the use of the Company Services in the amounts and at the times set forth on the Websites and subject to any other payment terms described on the Websites. Unless specified otherwise, all amounts due hereunder shall be paid in US Dollars, in full, by a valid credit card.
2. USE OF THE WEBSITES BY MINORS
Company does not allow use of the Websites by persons under the age of 18. Although Company cannot absolutely control whether minors gain access to the Websites, Your subscription may be cancelled and Your membership may be terminated without warning if Company believes that You are under the age of 18 and Company does not have satisfactory proof of Your age.
3. OWNERSHIP OF COMPANY CONTENT
The Websites are to be utilized solely by Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed and approved by Company. All right, title and interest in and to the contents of the Websites, including, without limitation, designs, text, graphics, images, video, information, logs, button icons, software, audio files, code that Company creates to generate or display content and the collection, arrangement assembly of all content on the Websites (“Company Content”) are the exclusive property of Company and are protected by copyright, trademark, patent, trade-secret and other laws.
4. USE OF COMPANY CONTENT
Company Content may not be used, downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose other than as expressly permitted in these Terms. You may not use Company Content on any third party site and/or for any commercial purposes, except as permitted by the normal functionality of the Websites. Company reserves all rights not expressly granted in and to the Websites and Company Content. This license is revocable at any time without notice and with or without cause.
5. WARRANTIES AND REPRESENTATIONS
During the registration process, You will be prompted to provide personal information that allows Company to know who You are, such as Your full name, age, street address, email address and phone number ("Information").
The Company Services are provided for Your personal and/or internal business purposes. Any unauthorized use of the Company Services (including, without limitation, accessing any aspect of the Company Services for which You are not authorized or any commercial uses not expressly permitted in the Terms of Service is expressly prohibited. You are fully responsible for all activities conducted through Your User account. During the registration process You will also be asked to choose a password. You are entirely responsible for maintaining the security of Your password. You agree not to use another User’s account or password at any time, not to let any unauthorized third party use Your account and not to disclose Your password information to any unauthorized third party. You agree to notify Company immediately if You suspect any unauthorized use of Your account or access to Your password.
By using the Websites, You warrant and represent that (i) all Information You submit is truthful, accurate, current and complete; (ii) You will maintain the accuracy of such Information by updating and revising it promptly; and (iii) You use of the Websites does not violate any applicable law or regulation.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of material contained in and/or placed by You on the Websites.
You acknowledge and agree that You have no ownership rights in Your account and that if You cancel Your account or Your account is terminated, all Your account information will be marked as deleted and may be deleted from Company's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Company’s web servers. In addition, third parties may retain saved copies of Your Information. For the avoidance of doubt, Company has no obligation to store, maintain or provide You a copy of any content that You or others provide when using the Websites.
Company reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
The Websites are to be utilized solely by Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Illegal and/or unauthorized use of the Websites, including collecting names and/or email address of Users by electronic or other means for the purpose of sending unsolicited email is prohibited.
Company makes no representations or warranties regarding the features listed on the Websites.
6. USE RESTRICTIONS
You shall not use the Websites or assist, encourage or enable others to use the Websites to:
- interfere with the Websites and/or take any action that imposes an unreasonably large load on any Websites;
- use software or other devices to collect content or information.
- violate the security resources of any Websites;
- reverse engineer or create derivative works based on any element of any Websites;
- use any of the Company Content or information available from any Websites other than as permitted by these Terms;
- link to any Company Content or information from any Websites, unless permitted by these Terms;
- use any content or material in a false or misleading information in any manner or otherwise transmit content that infringes or violates any third party rights or violates any law or regulation.
- share any login credentials to any Websites;
- attempt to gain access to areas of the Websites or access data not intended for You or log into a server or account which You are not authorized to access;
- violate restricted or password-only access pages, or hidden pages or information;
- use passwords or login information to access an account belonging to any third party;
- take any action concerning or transmit unsolicited or unauthorized mail or email promoting and/or advertising products or services, including, without limitation, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
- take any action concerning or otherwise transmit content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
- take any action or upload or email or transmit content or any communication that in Company’s sole discretion is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, discriminatory, invasive of another’s privacy, racially, ethnically or otherwise objectionable.
- engage in any other behavior that Company, in its sole discretion deems contrary to the purpose of the Website.
- make any unauthorized commercial use of any Websites.
7. USER CONTENT AND SUBMISSIONS
You warrant and represent that You own or have the right to grant Company a worldwide, royalty free license for the use of all information, data, text, software, music, sound, images, performances, photographs, graphics, video, advertisements or messages posted or furnished by You on the Websites ("User Content"), and in the advertising and promotion of the Websites, and that the transmission or posting and use of the User Content on the Websites is not in violation of any applicable laws or contractual restrictions or other third party right, including, without limitation, privacy, publicity and intellectual property rights.
You retain copyright, trademark and other intellectual property rights with respect to Your User Content that You submit, transmit or display on or through the Websites, to the extent that You have such rights and Company claims no ownership or control over any User Content.
You may request the deletion of Your User Content at any time by using the tools on the Websites to do so; however, if You have shared User Content with others, Company has no control over their ability to store, copy or otherwise access or use Your User Content. Further, You acknowledge that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others). Company reserves the right to refuse and/or reject any User Content in its sole discretion.
Company reserves the right to terminate Users accounts and prevent their further access to the Websites and/or use of Company Services for violating the Terms or applicable laws, rules or regulations. Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Company, damage Company’s brand or public image, or cause Company to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Company makes no representations and/or warranties concerning the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users. Company does not endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
8. COPYRIGHT OR TRADEMARK INFRINGEMENT
Company respects the intellectual property of others, and Company asks Company’s Users to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Websites, You agree not to use any Websites to infringe the intellectual property rights of others in any way. Company reserves the right to terminate the accounts of any Users, and block access to the Websites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Company reserves the right, in its sole discretion, to take these actions to limit access to the Websites and/or terminate the accounts of any time, in Company’s sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
It is Company’s policy to respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act (“DMCA”). If You have a good faith belief that Your work has been copied in a way that constitutes copyright infringement or that Your intellectual property rights have been otherwise violated, please provide Company’s designated agent with the following information:
a) physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
b) identification or description of the copyrighted work or other intellectual property that You claim has been infringed. If You are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
c) identification or description of where the material that You claim is infringing is located on the Website, with enough detail that Company may find it on the Website;
d) Your address, telephone number, and email address;
e) a statement by You that You have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
f) a statement by You, made under penalty of perjury, that the information in Your notice 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.
Company’s designated agent to receive notification of alleged infringement under the DMCA is:
Upon receipt of proper notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.
Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact hello(at)fomosync.com. If Company removes or disables Your access to the Websites as a result of a DMCA notice Company will make a good-faith attempt to contact You so that You may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA.
9. DISCLAIMERS OF WARRANTIES
The Websites and Company Content are provided on an "As Is" basis without any warranties of any kind. Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Company Content, services, software, text, graphics, and links. To the fullest extent possible by law, Company does not guarantee that any Websites will function without interruption, that any of Company services will operate error-free or that any Websites and its servers are free of computer viruses or other harmful mechanisms. In particular, the operation of the Websites may be interrupted due to maintenance, updates, or system or network failures. If Your use of any Websites or the Company Content results in the need for servicing or replacing equipment or data or any other costs, Company is not responsible for those costs. The use of all Websites and Company Content is at Your own risk. Company does not guarantee any specific results from the use of any Websites. No advice or information, whether oral or written, obtained by a User from Company or through or from any Websites shall create any warranty not expressly stated herein. In no event shall Company be liable for the deletion, loss, or unauthorized modification of any User Content.
To the fullest extent possible by law, in no event shall Company, its suppliers, or any third parties mentioned on any Websites be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity or business interruption) resulting from the use or inability to use any Websites and the Company Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not company is advised of the possibility of such damages.
As a condition of using the Websites, You hereby release Company and its partners, shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors from any and all claims, demands, damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Websites to the fullest extent permitted by law.
Notwithstanding the immediately preceding sentence, You acknowledge and agree that in no event will Company’s cumulative liability arising out of or in connection with any Websites or Your use of the Company Content, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), exceed $100.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
11. LINKS TO THIRD-PARTY SITES
You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. Company may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You.
In addition to any other indemnity obligation which may be contained in these Terms, You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, directors, employees, and agents, from and against any damages, losses, liability, claims, costs, actions or demands, (including, without limitation, reasonable legal fees and costs), arising from, related to or caused by Your use of the Websites and Company Services, including, without limitation, any User Content or other material You provide to any Websites, (ii) Your use of any Company Content or Services, or (iii) Your breach of these Terms. Company shall provide notice to You promptly of any such claim, suit, or proceeding.
14. ACCESS FROM OUTSIDE THE UNITED STATES
The Websites are controlled and operated by Company from its offices within the United States. Company makes no warranty or representations that the Company Content is appropriate or available for use in other locations and access to such materials or use of the Services from territories where their contents are illegal or prohibited. Those who choose to access the Websites or the Services for other locations do so on their own initiative and are responsible for compliance with applicable local law. Your use of the Websites and Company Services, including, software downloaded from any Websites is further subject to export and re-export control laws of the United States. You shall not directly, or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that You are not prohibited from receiving United States origin products, including services or software.
These Terms are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Broward County, Florida.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, the Company’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Company’s ability to enforce such terms at any point in the future.
17. ADDITIONAL TERMS
Certain areas of the Websites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
18. ENTIRE AGREEMENT
Except as expressly provided in an additional agreement, additional Terms for certain areas of the Websites, a particular "Legal Notice," or software license or material on particular pages on the Websites, these Terms constitute the entire agreement between You and Company with respect to the use of the Websites. No changes to these Terms shall be made except by a revised posting on this page.
19. TERMS AND TERMINATION
These Terms will remain in full force and effect while You are a User of any Websites. Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Websites and immediate termination of Your registration with or ability to access the Websites and/or any other services provided to You by Company, upon any breach by You of these Terms or if Company is unable to verify or authenticate any information You submit to a Websites registration. Except with respect to Your ability to access and use the Websites, all of these Terms shall survive any termination of Your registration, for any reason.