THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FF. BEFORE USING FF, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO FF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING FF IMMEDIATELY.
AGE RESTRICTIONS AND SAFETY. FF IS ONLY AVAILABLE ONLY FOR ADULTS (INDIVIDUALS AGED 18 YEARS OR OLDER).
NO USE BY UNDERAGE PERSONS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE FF.
YOU MUST BE A LEGAL ADULT. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
SAFETY. FF IS NOT RESPONSIBLE FOR YOUR USE OF THE FF OR FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE CONTACT.
FF DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS USERS. FF DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ HEALTH, PHYSICAL CONDITION, OR OTHERWISE. FF ALSO IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES.
MODIFICATION. We reserve the right, at our sole discretion, to modify, change or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at: (https://fetfling.com/terms/terms)
LICENSE. If you agree to the Terms and (1) are of sufficient age (18+) and capacity to use FF and be bound by the Terms, or (2) use FF on behalf of a business, thereby binding that business to the Terms, we grant you a limited, revocable, non-exclusive, non-assignable license to use FF in compliance with the Terms; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from FF, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post. Use of FF beyond the scope of authorized access granted to you by FF immediately terminates said permission or license.
CONTENT. You understand that all content may it be postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from FF, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of content that you post, email, submit or otherwise make available via FF. You understand that FF cannot control, and is not responsible for content made through its services, and that by using FF, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the FF site and Content available through the Service may contain links to other websites, which are completely independent of FF. FF makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FF be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via FF.
USE. Unless licensed by us in a written agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or inter operate with FF, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect FF content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of FF’s policies or rules referenced in this agreement. You agree not to abuse FF’s flagging or reporting processes. You agree not to collect FF user information or interfere with FF. You agree we may moderate FF access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
You agree not to post, email, submit, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c) that constitutes, contains, offers or solicits prostitution; bestiality; child pornography;
d) that impersonates any person or entity, including, but not limited to, a FF employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person’s explicit consent;
f) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the FF sites which are not designated for such purposes; or emailed to FF users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience : https://fetfling.com/terms/prohibited
k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to FF, or that otherwise negatively affects other users’ ability to use FF;
m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
n) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
o) “stalk” or otherwise harass anyone;
p) collect personal data about other users for commercial or unlawful purposes;
q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by FF;
r) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
s) post the same item or service in more than one classified category or in more than one metropolitan area;
t) attempt to gain unauthorized access to FFs computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the of the FF website; or
u) use any form of automated device or computer program that enables the submission of postings on FF without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by FF; or
v) use any form of automated device or computer program (“flagging tool”) that enables the use of FF’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
OUR RIGHT TO TERMINATE YOUR SERVICE
WE MAY DELETE YOUR SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT. WE MAY ALSO OCCASIONALLY PUT ACCOUNTS ON HOLD FOR A REVIEW.
FF can request that you delete, or FF may delete, any user content at any time for any reason, or no reason whatsoever. Any violation of the Terms, as determined by FF, may result in your account being banned and may lead to the termination of your access to FF.
LIQUIDATED DAMAGES. You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting FF users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of FF without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of FF – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of FF – the price per post applicable to that section of FF; (F) sending an unauthorized/unsolicited email to an email address obtained from FF – $25 per violation; (G) using FF user information to make/send an unauthorized/unsolicited text message, call, or communication to a FF user – $500 per text/call/communication; (H) creating a misleading or unlawful FF account or buying/selling a FF account – $4 per violation; (I) abusing or attempting to abuse FF’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting FF content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of FF in any 24-hour period – $0.25 per page during the 24 hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
DISCLAIMER & LIABILITY. To the full extent permitted by law, fetfling.com, and its officers, managers, directors, employees, agents, licensors, affiliates, and successors in interest (“FF Entities”) (1) make no promises, warranties, or representations as to FF, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide FF on an “AS IS” and “AS AVAILABLE” basis and any risk of using FF is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with FF. FF Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to FF, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
INDEMNITY.You agree to indemnify and hold FF Entities harmless from any claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of FF; and (3) be liable and responsible for any claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
MISC. Users complying with prior written licenses may access FF thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the Terms or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and INDEMNITY sections survive termination of the Terms, and you will remain bound by those sections. If a Terms term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the Terms controls over any translations. If you reasonably believe content infringes your IP rights, see https://fetfling.com/terms/dcma.
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