Last Updated: October 31, 2014
By using the I Fcked Up website and by submitting content for use on the I Fcked Up website, you hereby agree to the following:
1. BINDING EFFECT
The Service provided by the Site is on an "AS IS" and "AS AVAILABLE" basis and Company reserves the right to modify, alter, change, suspend or discontinue the Service, in its sole discretion, at any time and without notice. YOU AGREE THAT COMPANY AND SITE ARE NOT AND WILL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
4. USE OF SOFTWARE
Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. Company or its licensors owns all trademarks and logos and you may not copy or use them in any manner. You hereby agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company hereby reserves the right to revoke these exceptions either generally or in specific cases.
5. USE OF SITE
You acknowledge and agree that the operation of the Site may occasionally encounter technical or other problems and/or on occasion may not necessarily continue uninterrupted or without technical or other errors. Company shall not be responsible to you or others for any interruptions, errors or problems or even for an outright discontinuance of the Site or Service. There are no assurances whatsoever that any of the User Content (as set out below), in part or in whole, will actually be used on the Site, or if used, will continue to be available for any particular time. You acknowledge that you are solely responsible for all content you submit and/or upload to the Site. You are solely responsible for maintaining any and all original materials as well as any and all back-up copies of all User Content, in part or in whole. Company makes no guarantee or representation that they will, nor shall they be held accountable to, store, host, and maintain any and all User Content.
6. USER CONTENT
By posting, uploading, displaying, performing, transmitting, or otherwise distributing any and all information or other content, including, but not limited to, your name/alias, username, pictures and images, videos, texts, artwork, songs, lyrics, storylines, crafts, blog posts, contest submission material(s), and writings (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, agents and representatives, subsidiaries, licensees, partners, and sponsors a license to use such User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, agents and representatives, subsidiaries, licensees, partners, and sponsors. Such license shall be subject to the following:
- Term: The license granted to Company be perpetual and shall only be terminated by removal of all User Content uploaded and/or shared on the Site, as set out in paragraph 8 below.
- Ownership: At all times, it is acknowledged and agreed that you shall retain all right, title and interest in and to your User Content, subject to any licenses, sales, grants, or guarantees. Additionally, you hereby acknowledge and agree that you do NOT have any right, title, or interest in any other materials with which your User Content may be combined into, incorporated in, or used in connection with, in part or in whole, including but not limited to any promotional or advertising campaigns.
- Formatting: For clarity, Company and Company’s affiliates, licensees, assigns, subsidiaries, partners, and sponsors have the right to resize, reformat, or adapt to fit various platforms without notification the User Content uploaded.
- Limitation: Company shall be required to obtain consent from you before making any commercial agreement with any other party to separately license, purchase, re-publish or re-sell or otherwise use for commercial purposes any User Content you submit to the Site. Company will contact you in writing should any commercial opportunities arise for you from exposure for your work on the Site.
- Payment: Unless otherwise agreed upon by you and by Company, the license granted to Company under this agreement is royalty-free. You will not be compensated in any manner for any User Content used for non-commercial or promotional purposes.
6.1 NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND UNDERSTANT THE PURPOSE OF THIS SITE IS TO BE AN OPEN FORUM FOR YOU TO POST AND UPLOAD VIDEOS, CLIPS, WRITINGS, IMAGES, AND OVERALL APOLOGIES, WHICH MAY INCLUDE SPEAKING YOUR MIND AND ADMITTING THAT YOU FCKED UP. COMPANY WILL NOT TOLERATE ANY THREATS OF ANY NATURE (WHETHER PHYSICAL, EMOTIONAL, FINANCIAL, OR OTHERWISE), AND YOU HEREBY AGREE TO REFRAIN FROM INTENTIONALLY CAUSING HARM TO ANOTHER INDIVIDUAL THROUGH YOUR POSTING. FOR CLARITY, THIS INCLUDES POSTING PERSONAL AND SECURE INFORMATION ABOUT ANOTHER PERSON, INCLUDING THEIR IDENTITY (OTHER THAN NAME). COMPANY WILL NOT TOLERATE ANY ABUSIVE, DISCRIMINATORY, DERROGATORY, OR INTOLERANT LANGUAGE OR ACTS THROUGH YOUR POST, AND YOU HEREBY AGREE TO REFRAIN FROM USING SUCH LANGUAGE OR PERFORMING SUCH ACTS. IF COMPANY SUSPECTS OR BELIEVES YOU HAVE DISPLAYED OR COMMITTED ANY TYPE OF THREAT OR ABUSE, YOU WILL BE IMMEDIATELY BANNED FROM THE SITE, AND YOUR ACCOUNT WILL IMMEDIATELY BE TERMINATED. ADDITIONALLY, IF COMPANY SUSPECTS ANY THREAT OF HARM, OR SUSPECTS ANY UNLAWFUL OR ILLEGAL ACTIVITY, YOU AND YOUR POST WILL BE IMMEDIATELY REPORTED TO THE APPROPRIATE AUTHORITIES. COMPANY HAS A ZERO TOLERANCE POLICY REGARDING THE ABOVE.
6.2 You hereby warrant and represent, in addition to the warranties and representations set out below, that you will indemnify and be SOLELY liable for any and all injury and harm caused by you to any third party as a result of your post. Company shall not be liable or responsible for any harm, injury, or damage caused to any third party through your actions on this site, including but not limited to your posts. YOU ACKNOWELEDGE AND AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY HARM, INJURY, OR DAMAGE CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR ACTIVITY ON THIS SITE, INCLUDING ANY AND ALL POSTINGS.
7. E-COMMERCE/ONLINE STORE
The following terms and conditions are applicable to any and all products and services, which may now or in the future be made available by Company, on the Site, including but not limited to through any online storefront that Company may operate now or in the future in connection with the Site:
All payments are to be made in U.S. dollars. Postage fees (e.g., shipping and handling) as well as any applicable sales taxes will be added to your order during the checkout process. All prices listed on the Site do NOT include any foreign import duties or taxes that may be added or required by law by the destination country, outside of the United States. All delivery dates on the Site, if any, are provided as an estimate only, and are not binding. Company reserves the right to modify or change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms at any time. For re-occurring payments and subscriptions, such new fees, charges, or terms shall not take effect earlier than 30 days after the Company posts such modified fees on the Web site or communicates them to you by email. Company is not responsible for any error in copy or images relating to any services/products offered for purchase through the Site. In order to purchase services/products offered for purchase through the Site now or in the future, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, email address, credit card information or alternative payment information (e.g., PayPal account, Apple Pay account, etc.) and billing address. Company’s explains how such information collected via the Site, may be used by Company. Your ability to purchase services/products offered for purchase through the Site is subject to limits established by your credit card issuer and/or alternative payment company. If payment cannot be charged to Customer’s credit card or alternative payment method, or Customer’s charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate Customer’s access and account, thereby terminating this Agreement and all obligations of Company hereunder. You must notify Company immediately of any change in your credit card or other payment information, including any change to your home address. By utilizing a credit or debit card or alternative payment method such as Apple Pay or PayPal account for purchase of any of the services/products offered for purchase through the Site, you authorize Company and its merchant provider to charge such payment method in the amount described on the services/products purchase path(s). If the service/product has a recurring or on-going payment, you hereby authorize the Company and its merchant provider to charge your selected payment method in advance for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. For clarity, you are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. Company reserves the right to terminate any account at any time for any reason. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit, alternate payment account information, or charge card number stored), you must notify Company of the problem IMMEDIATELY to avoid possible liability for any unauthorized charges to your account.
If applicable, Company agrees that it will terminate your account upon notice from you. If cancellation is received within the first 30 days of signing up for a service, you will be refunded the prorated fees for that service for the remaining period of the service, but you will still be obligated to pay any other charges incurred. If you cancel a service after 30 days of signing up for a service, no refund for unused time on such service will be made. If you have a balance due on any account, you hereby agree that the Company can charge any unpaid fees to the credit card or other selected payment method on file. Your subscription will be automatically renewed. The renewal charge shall be equal to the original signup price, unless otherwise notified in advance by the Company by email to you or as posted on the Company’s site.
For our return policy, please visit our customer service page, if applicable.
8. TERMINATION/REMOVAL OF USER CONTENT
Any and all licenses granted to Company shall be granted in perpetuity and shall only be terminated by your deleting and removing all User Content uploaded and/or shared on the Site, and by your requesting such User Content be removed from the site (“Termination”). To complete Termination, User must contact Company and request in writing the specified User Content be taken down. Notwithstanding the foregoing, if any User Content has been used in any promotional or advertising campaigns by Company, upon notice of Termination, Company shall have thirty (30) days to continue using such User Content in the promotional or advertising campaign, and after said thirty (30) days, Company shall no longer be entitled to use such User Content. Additionally, if any User Content has been sold to, licensed to, purchased by, or granted to any third party, Termination shall not affect such third party’s right to use the User Content. You acknowledge and agree that while Company will work with User to remove such User Content as soon as possible, removal of any User Content on certain portions of the Site may be subject to any and all licenses, sublicenses, contracts, and agreements with third parties, as well as subject to any print or digital program or similar commercial efforts within the Company’s family of websites.
9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of Company as well as other users. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree to not upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “IP Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any IP Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any IP Content does not violate any laws or third party rights rests solely with you. You hereby agree to not collect, store, or harvest any personally identifiable information, including but not limited to account names or user profile images, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You also agree to not solicit, for commercial purposes, any other users of the Site with respect to their User Content.
10. COMPANY INTELLECTUAL PROPERTY
The content on the Site and Company’s affiliated websites and series, including, without limitation, the text, software, scripts, graphics, photos, videos, sounds, songs, music, posts, essays, tips and tools, articles, and interactive features ("Company Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Company subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content and/or Marks hosted and displayed on Site are provided AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights not expressly granted in and to the Websites and the Company Content therein. For the purposes of clarity, you hereby acknowledge, affirm, and agree that without prior written consent and agreement: you have no authorized right in any way to use, submit, host, display, or exhibit, in any media now known or hereafter devised, including on any third party website, any Company Content and/or Marks; by using the Site and/or Service you are not a licensee or affiliate of Company and thus not entitled to use, exhibit, display, broadcast, transmit, or submit any Company Content and/or Marks, nor falsely claim you are an affiliate or have a business relationship with Company; and that violation of the above shall be considered an unauthorized use of Company Content and/or Marks. You shall be solely liable and responsible for any such unauthorized use of any Company Content and Marks, and shall be fully persecuted to the fullest extent of the law for any such unauthorized use.
11. INAPPROPRIATE CONTENT
You agree not to interfere with or otherwise disrupt, or attempt to interfere with or otherwise disrupt, the running of the Site, the Service, or any of the Site’s servers and/or networks used in connection with the Service. You agree to obey any and all requirements, procedures, policies, rules or regulations of the Site and any and all other networks used in connection with the Service. You agree that you shall not provide any information to Company that is false or misleading, that hides or attempts to hide your identity, or that you do not have the right and/or authority to disclose.
13. COPYRIGHT INFRINGEMENT
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent, at the following address:
Find Me I’m Yours Interactive, LP
11271 Ventura Blvd., #324
Studio City, CA 91604
Maxine at FMIYInteractive dot com
14. ALLEGED VIOLATIONS
15. THIRD PARTY SERVICES
Third parties other than Company may operate stores, provide services, or sell product lines, which are linked to and/or displayed in connection with the Site. If applicable, Company may provide links to the sites of affiliated companies and certain other businesses. Company is not responsible for examining or evaluating the products, services, or third party companies, and does not warrant or guarantee the offerings of any of these businesses or individuals or the content of their websites. Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. For clarity, Company does not, unless expressly stated otherwise, endorse any advice or opinion of third parties, and the opinion and beliefs of third parties are not necessarily that of Company.
16. USER WARRANTIES
As a user of the Site, you hereby represent and warrant the following:
- You have the full right, power, authority, and capacity to enter into the Agreement. You have obtained all necessary third party consents and permissions, if any, to upload and share any User Content.
- Any and all information provided by you to Company is correct, complete, and true.
- Any User Content uploaded does not currently contain, nor will it contain in the future, at any time, any detrimental virus, bug, glitch, malware, spyware, or software that may negatively effect and/or interfere with the Site, or any Company or third party systems, data, or networks.
- Any and all User Content does not currently nor will in the future, at any time, violate any law, statute, ordinance, or regulation, whether state or federal.
17. NO COMPANY WARRANTIES
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
18. LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. COMPANY DOES NOT NOW AND SHALL NOT IN THE FUTURE HAVE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF YOUR INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF USER CONTENT. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
19. THIRD PARTY SITES
20. PROHIBITED USES
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
22. COPYRIGHT AND TRADEMARKS
All contents of this or any of the Find Me I’m Yours Storyverse of Sites or Services are: Copyright © 2014 Schmillionares Un-LTD, LP, 11271 Ventura Blvd., #324, Studio City, CA 91604. All rights reserved. The copyright and trademarks for I Fcked Up are owned by Schmillionares Un-LTD, LP. 2014. All rights reserved.
23. GOVERNING LAW
24. SEVERABILITY AND WAIVER
25. NO LICENSE
Nothing contained on this Site should be understood as granting you a license to use any of the intellectual property, copyrights, trademarks, service marks, or logos owned by Company or by any third party.
26. CALIFORNIA USE ONLY
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access to are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
28. ENTIRE AGREEMENT