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ACCEPTANCE OF TERMS
Fbspot.com (the “Site”) pr?vides articles, ph?t?s and vide? h?sting/bl?gging service t? y?u (the “Service(s)”), subject t? the f?ll?wing Terms ?f Service (“TOS”), which may be updated fr?m time t? time with?ut n?tice t? y?u. Y?ur use ?f the Service c?nstitutes acceptance ?f these TOS and creates a binding legal agreement, s? read them carefully. Please n?te, y?u must be 13 years ?r ?lder t? use this Service. Any reference t? us, ?ur, we ?r similar w?rds shall refer t? this Site and its affiliates theret?.
Y?u agree that all inf?rmati?n pr?vided t? us up?n registrati?n and at all ?ther times will be true, accurate, current and c?mplete. Y?u als? agree that y?u ensure this inf?rmati?n will be kept up t? date at all times. This especially applies t? y?ur email address since we will direct all c?mmunicati?n t? y?u ab?ut y?ur acc?unt t? y?ur email address. We will use the inf?rmati?n y?u pr?vide t? us in acc?rdance with ?ur Privacy P?licy (as determined bel?w).
In ?rder t? use the Services, y?u agree t? be b?und by the Privacy P?licy ?f the Site. Please review the Privacy P?licy (which may be accessed at the Site) ?n a regular basis as it may be updated fr?m time t? time.
Unless ?therwise indicated, all Site n?n c?ntent materials, including, with?ut limitati?n, the Site l?g?, and all designs, text, graphics, ?ther n?n c?ntent files, and the selecti?n and arrangement there?f are the pr?prietary and c?pyrighted pr?perty ?f the Site. Y?u may electr?nically c?py and print t? hard c?py p?rti?ns ?f this Site f?r the s?le purp?se ?f using materials it c?ntains f?r inf?rmati?nal and n?n-c?mmercial, pers?nal use ?nly. Any ?ther use ?f the materials in this Site that ?riginated fr?m us – including any c?mmercial use, repr?ducti?n f?r purp?ses ?ther than described ab?ve, m?dificati?n, distributi?n, republicati?n, display ?r perf?rmance – with?ut the pri?r written permissi?n ?f us is strictly pr?hibited.
The Site name and l?g? are ?ur trademarks, and may n?t be c?pied, imitated ?r used, in wh?le ?r in part, with?ut ?ur pri?r written permissi?n. In additi?n, all page headers, cust?m graphics, butt?n ic?ns and scripts are service marks, trademarks and/?r trade dress ?f the Site, and may n?t be c?pied, imitated ?r used, in wh?le ?r in part, with?ut ?ur pri?r written permissi?n.
USE OF CONTENT SUBMITTED BY YOU/USER/AUTHOR
Y?u agree that any C?ntent y?u upl?ad, p?st, email, transmit ?r ?therwise make available via the Service is n?n-c?nfidential and that we shall have a perpetual, w?rldwide, n?n-exclusive license t? use any such C?ntent in c?nnecti?n with the Service and ?ur business (and any success?r), including with?ut limitati?n f?r pr?m?ting and redistributing part ?r all ?f the Service (and derivative w?rks there?f) in any media f?rmats and thr?ugh any media channels. Y?u als? hereby grant each User a n?n-exclusive license t? access y?ur C?ntent thr?ugh the Site, and t? use, repr?duce, distribute, prepare derivative w?rks ?f, display and perf?rm such C?ntent as permitted thr?ugh the functi?nality ?f the Site and under these Terms ?f Service. The submissi?n ?f any materials t? us irrev?cably waives any and all “m?ral rights” in such materials, including the rights ?f paternity and integrity. The f?reg?ing license granted by y?u terminates ?nce y?u rem?ve ?r delete C?ntent fr?m the Site.
USER / AUTHOR CONDUCT
Y?u understand that all C?ntent p?sted by Users/Auth?rs, whether publicly p?sted ?r privately transmitted, are the s?le resp?nsibility ?f the User fr?m which such C?ntent ?riginated. This means that y?u – the Auth?r, and n?t us – the Site, are entirely resp?nsible f?r all C?ntent that y?u/user/auth?r upl?ad, p?st, email, transmit ?r ?therwise make available via the Service. We d? n?t c?ntr?l the C?ntent p?sted via the Service and, as such, d? n?t guarantee the accuracy, integrity ?r quality ?f such C?ntent.
Y?u understand that by using the Service, y?u may be exp?sed t? C?ntent that is ?ffensive, indecent ?r ?bjecti?nable. Under n? circumstances will we be liable in any way f?r any C?ntent, including, but n?t limited t?, f?r any err?rs ?r ?missi?ns in any C?ntent, ?r f?r any l?ss ?r damage ?f any kind incurred as a result ?f the use ?f any C?ntent p?sted, emailed, transmitted ?r ?therwise made available via the Service.
Y?u agree t? n?t use the Service t?:
POSSIBLE CONTENT REMOVAL
We retain the right, but n?t the ?bligati?n, t? m?nit?r and edit ?r rem?ve any activity ?r C?ntent that it deems in its s?le discreti?n t? be harmful t? Users, us ?r the rights ?f any third party, ?r t? vi?late any applicable law. This includes the right, but n?t the ?bligati?n, t? rem?ve any text ?r images upl?aded by y?u that we deem in ?ur s?le judgment t? be inappr?priate ?r that we believe may subject us t? any liability, including with?ut limitati?n the f?ll?wing:
LINKING TO OUR SITE
Y?u are granted a limited, n?n-exclusive right t? create a hyperlink t? this Site pr?vided such link d?es n?t p?rtray us ?r any ?f its services in a false, misleading, der?gat?ry ?r ?therwise defamat?ry manner. This limited right may be rev?ked at any time. Y?u may n?t use, frame ?r utilize framing techniques t? encl?se any ?f ?ur trademarks, l?g?s ?r ?ther pr?prietary inf?rmati?n, including the images f?und at the Site, the c?ntent ?f any text ?r the lay?ut/design ?f any page ?r f?rm c?ntained ?n a page with?ut ?ur express written c?nsent.
Further, y?u may n?t use any meta tags ?r any ?ther “hidden text” utilizing ?ur name, trademark ?r pr?duct name with?ut ?ur express written c?nsent. Except as n?ted ab?ve, y?u are n?t c?nveyed any right ?r license by implicati?n, est?ppel ?r ?therwise in ?r under any ?f ?ur patent, trademark, c?pyright ?r pr?prietary rights ?r any third party. We make n? claim ?r representati?n regarding, and accepts n? resp?nsibility f?r the quality, c?ntent, nature ?r reliability ?f web sites linking t? this Site.
THIRD PARTY LINKS
We may pr?vide links t? web pages and c?ntent ?f third parties (“Third Party C?ntent”) as a service t? th?se interested in this inf?rmati?n. We d? n?t m?nit?r, n?r d?es it have any c?ntr?l ?ver, any Third Party C?ntent. We d? n?t end?rse ?r ad?pt any Third Party C?ntent and can make n? guarantee as t? its accuracy ?r c?mpleteness. We make n? representati?ns ?r warranties ?f any kind regarding such Third Party C?ntent, ?r any inf?rmati?n c?ntained therein, and undertakes n? resp?nsibility t? update ?r review any Third Party C?ntent.
When leaving the Site, y?u sh?uld be aware that the TOS n? l?nger g?vern, and, theref?re, y?u sh?uld review the applicable terms and p?licies, including privacy and data gathering practices, ?f that particular site. Users use these links and Third Party C?ntent c?ntained therein at their ?wn risk.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If y?u believe that any material ?n the Site infringes up?n any c?pyright that y?u ?wn ?r c?ntr?l, ?r that any link ?n the Site directs users t? an?ther web site that c?ntains material that infringes up?n any c?pyright that y?u ?wn ?r c?ntr?l, y?u may file a n?tificati?n ?f such infringement with ?ur Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant t? the Digital Millennium C?pyright Act (“DMCA”), 17 U.S.C. 512(c)(3), the f?ll?wing inf?rmati?n must be pr?vided t? ?ur Designated Agent,
In the event that y?u are a registered user ?f the Site, y?u may terminate such registrati?n by n?tifying the Site by sending e-mail t? [email protected] After receipt ?f y?ur terminati?n n?tice, we will terminate y?ur acc?unt.
We may terminate y?ur access t? the Services ?r y?ur registrati?n at any time in the event ?f a breach ?f these TOS by User ?r any?ne accessing the Services using registered User’s username. We, at ?ur s?le discreti?n, may als? terminate these TOS at any time with?ut cause, and may suspend access t? the Service with ?r with?ut n?tice, t? any User.
User agrees t? indemnify and h?ld us, ?ur parents, friends, affiliates, ?fficers and empl?yees, harmless fr?m any claim ?r demand, including reas?nable att?rneys’ fees, made by any third party due t? ?r arising ?ut ?f User’s use ?f the Site, the vi?lati?n ?f these TOS by User, ?r the infringement by User, ?r any ?ther user ?f User’s acc?unt, ?f any intellectual pr?perty ?r ?ther right ?f any pers?n ?r entity.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
N?tices t? y?u may be made via either email ?r regular mail. The Service may als? pr?vide n?tices ?f changes t? the TOS ?r ?ther matters by displaying n?tices ?r links t? n?tices t? y?u generally ?n the Service.
The TOS c?nstitute the entire agreement between y?u and us and g?verns y?ur use ?f the Service, superseding any pri?r agreements between y?u and us. Y?u als? may be subject t? additi?nal terms and c?nditi?ns that may apply when y?u use ?ur affiliate services, third-party c?ntent ?r third-party s?ftware. The TOS and the relati?nship between y?u and us shall be g?verned by the laws ?f the State ?f New Y?rk with?ut regard t? its c?nflict ?f law pr?visi?ns. Y?u agree t? submit t? the pers?nal and exclusive jurisdicti?n ?f the c?urts l?cated within the c?unty ?f R?ckland, New Y?rk. The failure ?f us t? exercise ?r enf?rce any right ?r pr?visi?n ?f the TOS shall n?t c?nstitute a waiver ?f such right ?r pr?visi?n. If any pr?visi?n ?f the TOS is f?und by a c?urt ?f c?mpetent jurisdicti?n t? be invalid, the parties nevertheless agree that the c?urt sh?uld endeav?r t? give effect t? the parties’ intenti?ns as reflected in the pr?visi?n, and the ?ther pr?visi?ns ?f the TOS remain in full f?rce and effect. Y?u agree that regardless ?f any statute ?r law t? the c?ntrary, any claim ?r cause ?f acti?n arising ?ut ?f ?r related t? use ?f the Service ?r the TOS must be filed within ?ne (1) year after such claim ?r cause ?f acti?n ar?se ?r be f?rever barred. The secti?n titles in the TOS are f?r c?nvenience ?nly and have n? legal ?r c?ntractual effect.
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