- Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form. To do so please contact us at firstname.lastname@example.org
- Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless and until we issue you a new username and password.
- Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
- Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age and single or separated from your spouse to register as a member of FYFM™ or use the Website. Membership in the Service is void where prohibited. By using the Website, you agree that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Membership and Subscription
You may become a Member of the Service at no cost. As a Member you have the ability to participate in the features and services within the Service.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time by following the instructions above. If you resign or cancel your membership via the FYFM™ site you may be asked to provide a reason for your resignation/cancellation to help FYFM™ analyze and improve the Service. FYFM™ may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to FYFM™. All decisions regarding the termination of accounts shall be made in the sole discretion of FYFM™. FYFM™ is not required to provide you notice prior to terminating your membership. FYFM™ is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect.
5. Non-commercial Use by Members
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service of the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of member by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigate, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of FYFM™, which may be revoked at any time, for any reason, in FYFM™'s sole discretion.
6. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under you username and password. You agree to (a) immediately notify FYFM™ of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FYFM™ will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or share computer so that others are not able to view or record your password or other personal information. If you share your computer with other, you may wish to consider disabling your auto-sign in features.
7. Your interactions with other members
You are solely responsible for your interactions with other members. You understand that FYFM™ does not in any way screen its members, nor does FYFM™ inquire into the backgrounds of its members of attempt to verify the statements of its members. FYFM™ makes no representations or warranties as to the conduct of members or their compatibility with any current or future members. In no event shall FYFM™ be liable for any damages whatsoever, whether direct or indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the service or persons you meet through this service. You agree to take reasonable precautions in all interactions with other members of the service, particularly if you decide to meet offline or in person. You understand that FYFM™ makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other members.
8. Content on FYFM™
- Proprietary Rights. FYFM™ owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of FYFM™ and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by FYFM™, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for the content. FYFM™ does not
- guarantee the accuracy, completeness, or usefulness of any information on the Service, or
- adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will FYFM™ be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
9. Content Posted by You on FYFM™
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to FYFM™, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify FYFM™ of such change.
- You understand and agree that FYFM™ may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of FYFM™ violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- By posting Content to any public area of FYFM™, you automatically grant, and you represent and warrant that you have the right to grant, to FYFM™, its affiliates, licenses and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by FYFM™ will not infringe or violate the right of any third party.
The following is a partial list of the kind of Content that illegal or prohibited on the Website. FYFM™ reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but it not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of 'junk mail', 'chain letters', or unsolicited mass mailing or 'spamming';
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs, or link to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making r buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although FYFM™ cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
- All information you include in your Member profile must be accurate, current and complete.
10. Prohibited Activities
FYFM™ reserves the right to investigate and terminate your membership if you had misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by FYFM™ without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material 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.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not "frame" or "mirror" any part of the Service or the Website, without FYFM™'s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to FYFM™ or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
11. Customer Service
When communicating with customer care you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior is threatening or offensive, we reserve the right to immediately terminate your membership.
12. Modifications to Service
FYFM™ reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FYFM™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Blocking of IP Addresses
In order to protect the integrity of the Service, FYFM™ reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
You are solely responsible for your interactions with other FYFM™ Members. FYFM™ reserves the right, but has no obligations, to monitor disputes between you and other Members.
FYFM™ is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. FYFM™ is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FYFM™ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. FYFM™ is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will FYFM™ or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and FYFM™ expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FYFM™ cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. FYFM™ makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
17. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will FYFM™ be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if FYFM™ has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FYFM™'s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to FYFM™ for the Service during the term of membership.
18. Indemnity by You
You agree to indemnify and hold FYFM™, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
19. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
This Agreement contains the entire agreement between you and FYFM™ regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.