FoFoFiggily.com
(sometimes referred to herein as, the “Website” or “FoFoFiggily.com”)
is owned and operated by F3, LLC (“F3”). FoFoFiggily.com is provided
free of charge to you (unless otherwise indicated) by F3; however you
will need to register as a FoFoFiggily.com member if you wish to
participate in certain features made available through FoFoFiggily.com,
most notably, Fo Fo Figgily’s virtual world. If you register to become
a FoFoFiggily.com member, these Terms of Service will govern your use
of the FoFoFiggily.com website, and all content, services, products,
and features provided in connection with FoFoFiggily.com. BY USING THE
SITE AND ITS FEATURES, AND/OR COMPLETING THE REGISTRATION PROCESS AND
SELECTING THE SUBMIT OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE
BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME
TO TIME. F3 shall not be liable to you for any breach of these Terms
of Service. If you do not agree to these Terms of Service, please do
not register for or enter FoFoFiggily.com.
IF YOU ARE A
PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S
REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE
IN RESPECT OF THEIR USE OF THE SITE.
F3 may modify the
Terms of Service from time to time in its sole discretion. The Terms of
Service will be available through links placed throughout
FoFoFiggily.com. Please check the Terms of Service from time to time
before accessing FoFoFiggily.com features to determine whether a change
has been made to these Terms of Service. You can tell when we last
updated the Terms of Service by checking the “Effective Date” of the
most recent version of the Terms of Service. This will allow you to
determine whether the terms of service has been revised since your
previous visit to the FoFoFiggily.com site. If you do not agree to
these changes in the Terms of Service as they may occur, please arrange
to cancel your FoFoFiggily.com membership immediately by: (i)
notifying F3 that you are canceling your membership (to cancel your
membership, email support fofofiggily@gmail.com and (ii) discontinuing
your use of FoFoFiggily.com. Your continued use of FoFoFiggily.com
following any changes to these Terms of Service will signify your
acceptance of any such changes.
From time to time F3 may
supplement these Terms of Service with additional terms pertaining to
specific content, services, products and features (“Additional Terms”),
which Additional Terms may be placed on FoFoFiggily.com to be viewed
in connection with the specific content, services, products or features
and shall be identified as such. You understand and agree that such
Additional Terms are hereby incorporated by reference into these Terms
of Service.
Unauthorized access, distribution, reproduction,
copying, retransmission, publication, sale, exploitation (commercial or
otherwise), or any other form of transfer of any portion of
FoFoFiggily.com, including but not limited to any content, services,
products, or features made available on or through FoFoFiggily.com is
hereby expressly prohibited.
2. Registration Information/Privacy Policy
When
you sign up to become a FoFoFiggily.com member, you will be required
to provide the following information: your first name, last name,
e-mail address, zip code, country, birth date, nickname and password.
Any
information provided by you or gathered by F3 or third parties during
any visit to FoFoFiggily.com will be subject to the terms of
FoFoFiggily.com’ Privacy Policy, which are incorporated herein by reference. Click here if you wish to read FoFoFiggily.com’ Privacy Policy.
F3 reserves the right to offer services and products (from either F3
or third parties) to you based on any preferences that you identify
from time to time, and in accordance with the terms of the
FoFoFiggily.com Privacy Policy,.
F3
reserves the right to remove you from FoFoFiggily.com or to suspend or
terminate your access to any specific content, services, products or
features if F3 learns that you have provided false or misleading
registration information.
3. Access by Minors
FoFoFiggily.com
is intended for visitors of all ages. Please read our Message to
Parents for further information concerning FoFoFiggily.com. In
compliance with the Children’s Online Privacy Protection Act (COPPA),
any visitor under the age of 13 who wishes to register with the site
and provide any personal information must first have their parent or
guardian send written consent for their participation.
4. Parental Control Protections
Pursuant
to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that
parental control protections (such as computer hardware, software or
filtering services) are commercially available that may assist in
limiting access to material that is harmful to minors. Information
identifying current providers of such protections is available at
America Links Up http://www.netparents.org.
5. Suspension/Termination
F3
reserves the right, at its sole discretion, to immediately, without
notice, suspend or terminate (i) these Terms of Service, and/or (ii)
your FoFoFiggily.com membership and/or any other content, services,
products and/or features provided to you by F3.
6. Modifications of FoFoFiggily.com
F3
may modify or discontinue FoFoFiggily.com, or any portion thereof or
any content, services, products or features related thereto, with or
without notice to you and without liability to you or any third party,
except as otherwise provided herein.
7. FoFoFiggily.com Message Boards
FoFoFiggily.com
does not monitor any information members create within their password
protected environments including chats, journals or posting of
pictures.
Do not post or use FoFoFiggily.com to distribute, send
or link to any illegal material of any kind, including but not limited
to, illegal material in the form of text, graphics, video, programs or
audio. Posting content or participating in any form of discussion with
the intention to commit any illegal activity is strictly prohibited.
Comply
with all applicable local, state, federal or international laws or
regulations in your use of FoFoFiggily.com, and any content, features,
products and/or services made available through FoFoFiggily.com.
8. Community Rules
There
are rules that you must follow when you visit FoFoFiggily.com. Please
take time to read and understand these rules. While we seek to monitor
FoFoFiggily.com, we cannot discover everything that occurs on the
website. Please help us by reporting to us any inappropriate conduct by
other FoFoFiggily.com’ members.
F3 reserves the right to
terminate your membership and/or remove you from FoFoFiggily.com and
the FoFoFiggily.com community as described in Section 18 below if it
becomes aware and determines, in its sole discretion, that you are
violating any of the following FoFoFiggily.com’ community rules. In
addition to the community rules, the following rules apply wherever you
are located on FoFoFiggily.com:
FoFoFiggily.com is intended for
your personal use only. Commercial uses of FoFoFiggily.com are strictly
prohibited unless prior written consent from F3 has been granted. You
agree that you will not use FoFoFiggily.com for chain letters, research
study or survey solicitations, junk mail, “spamming,” commercial or
non-commercial solicitations, or bulk communications of any kind,
including but not limited to distribution lists to any person who has
not given specific permission to be included in such list.
Do not
impersonate any other person or entity, whether actual or fictitious,
including impersonating an employee or consultant of F3.
We do not
allow pornographic, racist, hateful or otherwise inappropriate
usernames. We reserve the right to determine what is considered an
inappropriate username.
Do not post or use FoFoFiggily.com to
distribute, send or link to any illegal material of any kind, including
but not limited to, illegal material in the form of text, graphics,
video, programs or audio. Posting content or participating in any form
of discussion with the intention to commit any illegal activity is
strictly prohibited.
Comply with all applicable local, state,
federal or international laws or regulations in your use of
FoFoFiggily.com, and any content, features, products and/or services
made available through FoFoFiggily.com.
8. Rights in Content
You
acknowledge that: (i) F3 permits access to content that is protected
by copyrights, trademarks and other intellectual and proprietary rights
(“Rights”), (ii) these Rights are valid and protected in all media and
technologies existing now or later developed, and (iii) except as
explicitly provided otherwise, the Terms of Service and applicable
copyright, trademark and other laws govern your use of such content. You
may access, display, view, store and reproduce content made available
on FoFoFiggily.com strictly for your personal use. You may not submit
material to FoFoFiggily.com reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer any material subject to any
F3 or third party Rights except as set forth above. The burden of
determining that any information, software, images or any other content
on the FoFoFiggily.com is not protected by Rights rests with you. You
acknowledge that F3 may acquire Rights to use any posted materials as
described below, and that you will not acquire any Rights simply by
downloading F3 or third party content made available on FoFoFiggily.com.
By
submitting content to FoFoFiggily.com, including but not limited to
any text, images, artwork and other creative works submitted by you,
and information provided in connection with your use of shout out
boards, requests for advice, games, quizzes, contests and other features
or services, you grant F3 a royalty-free, perpetual, irrevocable,
non-exclusive right (including any moral rights) and license to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, derive revenue or other remuneration from, communicate
to the public, perform and display the content (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed, for the full term of any
Rights that may exist in such content, with the right to sublicense the
above rights through multiple tiers of sublicensees. If you are not the
creator of such content, you also warrant that the holder of any
Rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted
to you the right to grant the license stated above. You also permit any
registered FoFoFiggily.com member to access, display, view, store and
reproduce such content for personal use.
9. Rules for Sweepstakes, Contests and Games.
Any
sweepstakes, contests or games that are accessible through the Site
are governed by specific rules. By entering such sweepstakes or contests
or participating in such games you will become subject to those rules.
We urge you to read the applicable rules, which are linked from the
particular activity.
10. Third-Party Services
As described
in the shopping areas, you may order services or merchandise through
FoFoFiggily.com from third parties not affiliated with FoFoFiggily.com
(“Seller”). All matters concerning the merchandise and services desired
from Seller, including but not limited to purchase terms, payment
terms, warranties, guarantees, maintenance and delivery, are solely
between you and Seller. F3 makes no warranties or representations
whatsoever with regard to any goods or services provided by Sellers.
You will not consider F3, and F3 be construed, as a party to such
transactions, whether or not F3 may have received some form of revenue
or other remuneration in connection with the transaction or be liable
for any costs or damages arising out of, either directly or indirectly,
you or any other person involved or related to the transaction.
F3
may include special routing icons which may be located within the
FoFoFiggily.com community, the activation of which will allow you to
access and learn more about F3 and other services provided by F3 whereby
the use of such icons is free of additional charge to you. WHEN YOU
ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE
GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE
SERVICES.
11. Registration and Password
You are
responsible for maintaining the confidentiality of your information and
password. You shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately notify F3 of
any unauthorized use of your password.
12. Notification of Possible Copyright Infringement
In
the event you believe that material or content published on
FoFoFiggily.com may infringe on your copyright or that of another,
please follow the procedures outlined in our Copyright Notice.
13. Disclaimer of Warranties
TO
THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE
THAT USE OF FOFOFIGGILY.COM, INCLUDING BUT NOT LIMITED TO ALL CONTENT,
SERVICES, PRODUCTS, FEATURES, AND TOOLS USED AND/OR PRODUCTS OR SERVICES
PURCHASED THROUGH FOFOFIGGILY.COM, IS AT YOUR SOLE RISK.
FOFOFIGGILY.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. F3
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
F3
MAKES NO WARRANTY THAT FOFOFIGGILY.COM WILL MEET YOUR REQUIREMENTS, OR
THAT YOUR ACCESS TO OR USE OF FOFOFIGGILY.COM, INCLUDING BUT NOT
LIMITED TO, YOUR TRANSMISSION OF MESSAGES THROUGH MESSAGING TOOLS, WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT THE SERVERS ON
WHICH FOFOFIGGILY.COM. IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; NOR DOES F3 MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF FOFOFIGGILY.COM. TO THE
FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, F3 WILL NOT BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY
RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF FOFOFIGGILY.COM.
YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF FOFOFIGGILY.COM IS AT YOUR OWN
DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE
THAT F3 DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR
A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED BY F3 OR OTHER
FOFOFIGGILY.COM MEMBERS IN CONNECTION WITH FOFOFIGGILY.COM. F3 IS NOT
RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED
FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE
UNDERSTANDING THAT NEITHER F3, FOFOFIGGILY.COM NOR FOFOFIGGILY.COM’S
MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE FOFOFIGGILY.COM
COMMUNITY, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER
PROFESSIONAL SERVICES OR ADVICE. F3 ENCOURAGES YOU TO SEEK APPROPRIATE
PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY
HAVE.
F3 SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED,
OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE
INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON
FOFOFIGGILY.COM, ITS CONTENT, SERVICES, PRODUCTS OR FEATURES. YOUR
PARTICIPATION IN THE FOFOFIGGILY.COM COMMUNITY IS SOLELY AT YOUR OWN
RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM F3 OR THROUGH FOFOFIGGILY.COM, ITS EMPLOYEES, CONSULTANTS
AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
F3
MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, PRODUCTS, FEATURES,
EVENTS, CONTENT OR TOOLS USED OR PRODUCTS OR SERVICES PURCHASED OR
OBTAINED, THROUGH FOFOFIGGILY.COM OR REGARDING ANY TRANSACTIONS ENTERED
INTO THROUGH FOFOFIGGILY.COM.
IF F3 AND/OR THIRD PARTIES SEND
E-MAIL MESSAGES TO YOU CONTAINING ADVERTISEMENTS AND PROMOTIONS, ETC.,
F3 MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT OF
ANY SUCH E-MAIL MESSAGES OR ANY GOODS OR SERVICES WHICH MAY BE OBTAINED
FROM SUCH THIRD PARTIES, AND YOU AGREE THAT NEITHER F3 NOR SUCH THIRD
PARTY SHALL HAVE ANY LIABILITY WITH RESPECT THERETO. BY PERMITTING
ADVERTISING ON FOFOFIGGILY.COM, F3 MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR
SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENTS, AND F3
SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO SUCH
ADVERTISEMENTS.
F3 IS NOT RESPONSIBLE FOR ANY CONTENT ON THE
INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE
FOFOFIGGILY.COM. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY,
SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH F3 MAY
PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST F3
WITH RESPECT TO SUCH SITES.
14. Limitation of Liability
TO
THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, F3 SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE FOFOFIGGILY.COM COMMUNITY OR THE FOFOFIGGILY.COM
WEBSITE, OR RESULTING FROM ANY PRODUCTS, SERVICES, FEATURES, EVENTS,
AND/OR CONTENT USED, PURCHASED OR OBTAINED, OR MESSAGES SENT OR RECEIVED
OR TRANSACTIONS ENTERED INTO, THROUGH FOFOFIGGILY.COM, OR RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA
OR OTHER INTANGIBLES, EVEN IF F3 HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IF SUCH LIMITATIONS DO NOT APPLY TO YOU, IN NO EVENT
WILL F3?S LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF
SERVICE EXCEED THE AMOUNT YOU HAVE PAID F3 TO ACCESS THE
FOFOFIGGILY.COM SITE OR TO USE SPECIFIC CONTENT, PRODUCTS, SERVICES OR
FEATURES MADE AVAILABLE BY F3 ON FOFOFIGGILY.COM.
15. Storage of Email Messages
F3 assumes no responsibility for the deletion of or failure to store email messages.
16. Indemnification
You
agree to indemnify and hold each of F3, its parents, subsidiaries,
affiliates, officers, directors and employees, harmless from any claims,
demands, damages, losses, costs including reasonable attorneys’ fees,
or other expenses due to or arising directly or indirectly out of your
use of FoFoFiggily.com, the violation of these Terms of Service by you,
or the infringement or violation by you, or any other subscriber or
user of your account, of any intellectual property or other right of
any person or entity.
17. Applicable Law
These Terms of
Service shall be governed by and construed in accordance with the laws
of the State of California, without giving effect to its conflicts of
laws provisions. By registering for or accessing FoFoFiggily.com, you
consent and submit to the exclusive jurisdiction and venue of the state
and federal courts located in the County of Los Angeles in the State
of California.
18. Remedies for Breach of These Terms by You
In
the event that F3 determines, in its sole discretion, that you have
breached any portion of these Terms of Service, or have otherwise
demonstrated conduct inappropriate for FoFoFiggily.com, F3 reserves the
right to (i) warn you via email (to any email address you have provided
to F3) that you have violated these Terms of Service; (ii) delete any
or all content provided by you to FoFoFiggily.com; (iii) discontinue
your registration(s) with FoFoFiggily.com and/or any other F3
community; (iv) discontinue your subscription to any product, feature,
event, content, tool or service purchased through FoFoFiggily.com; (v)
notify and/or send content to and/or fully cooperate with the proper
law enforcement authorities for further action; and/or (vi) any other
action which F3 deems to be appropriate.
If your registration(s)
with or ability to access the FoFoFiggily.com, the FoFoFiggily.com any
other F3 website and/or any other service, product, content, feature,
event or tool provided to you by F3 is discontinued by F3 due to your
violation of any portion of these Terms of Service or for conduct
otherwise inappropriate for FoFoFiggily.com, then you agree that you
shall not attempt to re-register with or access any website controlled,
owned or operated by F3 and/or any other service, product, content,
feature, event or tool provided by F3, through use of a different
member name or otherwise, and you acknowledge that you will not be
entitled to receive a refund for fees related to those services,
products, content, features, events and/or tools to which your access
has been terminated. In the event that you violate the immediately
preceding sentence, F3 reserves the right, in its sole discretion, to
immediately take any or all of the actions set forth in subsections
(i), (ii), (iii), (iv), (v) and (vi) of this provision without any
notice or warning to you.
19. Notice for California Users.
Under
California Civil Code Section 1789.3, California users of
FoFoFiggily.com are entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be
contacted in writing at 400 R Street, Suite 1080, Sacramento, California
95814, or by telephone at (916) 445-1254 or (800) 952-5210
20. Miscellaneous
In
the event that any provision of the Terms of Service conflicts with
the law under which the Terms of Service are to be construed or if any
such provisions are held invalid by a court with jurisdiction over the
parties to the Terms of Service, such provision will be deemed to be
restated to reflect as nearly as possible the original intentions of the
parties in accordance with applicable law, and the remainder of these
Terms of Service will remain in full force and effect.
The
failure of either party to insist upon or enforce strict performance by
the other party of any provision of the Terms of Service or to
exercise any right under the Terms of Service will not be construed as a
waiver or relinquishment to any extent of such party’s right to assert
or rely upon any such provision or right in that or any other
instance, rather, the same will be and remain in full force and effect.
F3
may assign its rights and obligations under these Terms of Service and
upon such assignment F3 may be relieved of any further obligation
hereunder.
These Terms of Service and any Additional Terms posted
on FoFoFiggily.com by F3 constitute the entire understanding between
the parties as to the subject matter hereof, and supersede all prior
agreements and understandings. Any legally unenforceable provision of
these Terms of Service will, at the election of F3, be deleted or
modified to correct the defect and, regardless, the remainder of the
terms of these Terms of Service will remain valid and enforceable.
F3
reserves the right to terminate free access to FoFoFiggily.com or any
other website controlled, owned or operated by F3, including any or all
content, services, products, features, events, courses or tools, with
or without notice to you. F3 reserves the right (at F3?s sole
discretion) to provide you with notice of such change by prominently
posting a notice on FoFoFiggily.com and/or sending written notice to you
at any e-mail and/or post office address you have provided to F3. Once
free access is terminated, F3 may charge each subscriber any
applicable fee, surcharge and/or membership fee for access to
FoFoFiggily.com and/or any for-pay services, products, content,
features, events or tools made available through FoFoFiggily.com.
