Originally Posted 10.10.10
Revised and Posted 12.15.10/1.07.11/9.15.11/11.25.1/7.7.12
Our Lawyers tell us we have to share this with you (our apologies in advance for all the legalese that follows, but one can never be too careful these days):
TERMS OF SERVICE
Thanks for coming to Feel More Better by Off Our Chests (FMB). FMB is a place where women can get off their chests the things that are on their minds. It is a digital canvas for your expressions of self. Our fervent hope is that we’ll play even a small part in making it easier for women to be happy and for girls to grow up happy women. With this said….
THESE ARE THE OFFICIAL FMB ToS. PLEASE READ THESE ToS BEFORE ACCESSING THIS OR ANY OTHER FMB WEBSITE. Your use of said websites implies your having read and accepted these terms. Really.
Please read this Agreement carefully before accessing or using this website. By accessing or using any part of this website, you agree to be bound by the ToS and conditions of this Agreement. If you don’t agree to all the ToS and conditions of this Agreement, then you’re not authorized to access this website or use any of its services, and should leave now. If these ToS and conditions are considered an offer by FMB, acceptance is expressly limited to these ToS.
1. Acceptance of ToS
This Agreement applies to all products and/or services offered by FMB. In addition, when using particularFMB services, you’ll be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. BY ACCESSING THIS WEBSITE, YOU’RE STATING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TOS AND CONDITIONS OF THIS AGREEMENT. IF YOU DISAGREE WITH ANYTHING IN THIS AGREEMENT, PLEASE LEAVE NOW AND DON’T ACCESS THIS WEBSITE. You agree that OOC may change the ToS and conditions of this Agreement at any time by posting such changes on this website and that your continued use of this website or any OOC related service (including, without limitation, FMB’s and FMB’s Content’s presence on Facebook, Twitter, YouTube, Pinterest or any similar or different internet based service now known or hereafter invented) after any such posting will constitute your acknowledgment and acceptance of the revised ToS and conditions. This Agreement is an electronic contract that sets out the legally binding ToS of your use of this website and you shall automatically be bound by this Agreement. Believe it, it’s true.
2. FMB Rules
Here are some basic rules that apply to FMB. Your use of the site constitutes your acceptance of them. If you violate any of FMB’s rules, or if we have reasonable grounds to so believe, we have the right, in addition to pursuing any and all legal remedies available to us, to deny you access to FMB or any FMB related website or service, to suspend or terminate your Membership, if any, and to refuse to provide you with any future access, privileges or membership.
Some of our content may be the equivalent of a PG13 MPAA rating. You represent that you’re 14 years of age or older and are fully able and competent to enter into the ToS, conditions, obligations, affirmations, representations, and warranties set forth in these ToS of Service and to abide by and comply with these ToS.
FMB is controlled and offered by TWTE from its offices in the United States of America. FMB makes no representations that It’s appropriate for use in other territories, and use of or access to FMB from territories where any content or features that are or may be available on or through FMB may be illegal is prohibited. Those who access or use the FMB from other jurisdictions do so at their own risk and are solely responsible for compliance with local laws.
3. Content Submission Ownership
By submitting Content to FMB, and with any Content Submissions (Content, Submissions, and Content Submissions include without limitation any story, post, submission, comment, artwork, video, link, text, audio recording, email sent to, placed or posted on FMB or its affiliated pages, sites, social media presences) you represent and warrant that you have all rights to do so, including copyrights, and you grant FMB a world-wide, royalty-free, non-exclusive license to reproduce, modify, adapt, distribute, license, publish and/or sell the Content in any medium or form now or at any time existing, anywhere throughout the universe in perpetuity, for commercial, promotional and/or any other purpose(s) as determined solely by FMB. That’s right, if you say it or send it to us, we can exploit it anywhere, anyhow, anytime.
4. Content License Grant by You to Other Users
You hereby grant to each user of FMB a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, non-sublicensable, and transferable license, throughout the universe, to access, and share your Content Submissions as permitted by the functionality of FMB and these ToS, as amended from time to time, in all manner, process or format and for any purpose whatsoever, whether such manner, process, format or purpose is now known or hereinafter developed.
The following summarizes our policies on how we handle information that we automatically collect about you or that you choose to submit to us.
Please note that once you submit anything or post a comment to one of our sites or pages, it becomes or may become a part of the public conversation.
It‘s our policy not to remove a user's comments or post unless we deem them to be in violation of the ToS or FMB community guidelines or otherwise determine that they are inappropriate or not consistent with the mission of FMB.
If you want (without limitation) to say, write, post, submit, share something that you’ll or may later regret personally or professionally, it’s advisable that you don’t say it, submit it, share it, and/or that you use a username that doesn’t identify you. We cannot remove your comments or delete any submissions once posted simply because you have a change of heart about making them or don’t want them associated with the username which you have selected.
5.1 Gathering of Personally-Identifying Information
Certain users of and visitors to FMB choose to interact with FMB in ways that require FMB to gather personally-identifying information. The amount and type of information that FMB gathers depends on the nature of the interaction. For example, we may ask visitors who comment or submit to give their email address and/or you also may be required to give your email address to participate in promotions, if any. In each case, FMB collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with FMB. FMB doesn’t disclose personally-identifying information other than as described below. Visitors may always choose not to supply personally-identifying information, with the result that this may prevent them from engaging in certain FMB-related activities.
5.2 Protection of Certain Personally-Identifying Information
FMB may disclose potentially personally-identifying and personally-identifying information BUT ONLY to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on FMB’s behalf or to provide services offered by FMB and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using FMB’s or its related pages or websites, you consent to the transfer of such information to them. FMB will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, FMB discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when FMB believes in good faith that disclosure is reasonably necessary to protect the property or rights of FMB, third parties or the public at large. If you have supplied your email address to FMB, FMB may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with FMB. You may opt out of these emails anytime you choose. FMB takes measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
5.3 Mailing Lists
FMB may launch a mailing list for some or all of the FMN sites, in order to provide subscribers with relevant information – breaking news, or weekly or daily round-ups, for example. In order to sign up to receive regular emails from FMB’s mailing list, users must submit information including a valid email address and may be asked to provide demographic information such as location and interests. This information will be used in aggregate form only in order to assess the community’s general interest in various internal and third party products and services, and your personal and contact information will not be passed to any other organization except as otherwise provided for here.
Users who choose to sign up for a mailing list may receive regular emails from the site. Most of the time, these will be content from FMB, but we may occasionally send out an email from a third party sponsor. This will be infrequent, and doesn’t represent an endorsement by FMB of any products advertised therein. It will clearly be marked as advertising. If you don’t wish to receive emails from third party advertisers, please don’t sign up for any FMB mailing list.
6. Registration Obligations
To access this website, you don’t have to register. However, in FMB’s sole discretion, registration may give you access to various services to which non-registered visitors to this website may not have access, some of which may enable you and other registered users to interact with each other. If Membership is made available and you would like to register to become a member, please complete the membership registration form. With respect to registration and/or Membership, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form, and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. You’re responsible for maintaining the confidentiality of any password and account, and are fully responsible for all activities that OOCur under your password or account. You also agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. If any information provided by you on the registration form is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your Membership. PLEASE BE AWARE THAT WE CERTAIN AREAS OF THIS WEBSITE MAY CONTAIN MATURE CONTENT AND, LIKE THE REST OF FMB, ARE NOT INTENDED TO BE VIEWED BY PERSONS UNDER THE AGE OF EIGHTEEN. Accordingly, FMB prohibits use or Membership by, and will not knowingly collect or store personal information from, anyone less than 18 years of age.
7. Content Submissions
FMB may now or in the future provide features for you and other users to create, submit, post, and share content on FMB, by way of example and not limitation these may include, personal stories, drawings, photographs, collages, audio and/or video recordings, email addresses, user names, musical works, text, chat, comments, or any other Content submitted by you and other users through and/or to FMB (“Content Submissions”), and provide for the hosting, sharing, reproduction, distribution, public performance, public display, sale, and creation of derivative works of such Content Submissions. FMB cannot and does not guarantee any anonymity or confidentiality with respect to any Content Submissions, and content you upload to FMB may be embarrassing to you, either now or in the future, and FMB strongly recommends that you think carefully about what you post, upload or submit to FMB. You understand that liability for all Content Submissions are the sole responsibility of the person from whom such Submission originated. This means that you, and not FMB, are entirely responsible for all Content Submissions that you upload, post, e-mail, transmit, share or otherwise make available to or through FMB.
By choosing to make a Content Submission, you: (a) thereby grant FMB and its affiliates and licensees, as they exist now or may one day, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, incorporate, translate, publicly perform, share, sell, display and/or distribute the content of the Submission (in whole or in part, modified or not) worldwide in any and all media or forms now known or hereafter developed for its commercial purposes or any other and (b) represent and warrant that public posting and use of your Content and/or Content Submission by FMB and its affiliates and licensees doesn’t infringe or violate the rights of any third party. This is totally on you.
Again, you’re solely responsible for your own Content Submissions and the consequences of submitting them and having them posted, published, shared on or by FMB. In connection with Content Submissions, you affirm, represent, and warrant that: (a) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize FMB to use all patent, trademark, copyright, or other proprietary rights in and to any and all Content Submissions to enable inclusion and use of Content Submissions in the manner contemplated by FMB and these ToS, and to grant the rights and license set forth above (including all rights necessary for the use of any musical works, sound recordings, literary works, photographs, audiovisual works, text, or other works embodied in any Content Submissions), and (b) your Content Submissions, FMB’s or any FMB Licensee’s use of such Content Submissions pursuant to these ToS, and FMB’s or any FMB Licensee’s exercise of the license rights set forth above, don’t and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other proprietary rights of any other person; (iii) violate any applicable law or regulation; or (iv) require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these ToS, including, by way of example and not limitation, the payment of any royalties to any sound recording or other copyright owners or musical work copyright owners, including any so-called master use, mechanical, or synchronization royalties, any public performance royalties (including those payable to a performing rights organization (e.g., ASCAP, BMI, SESAC)), or any other payments to any unions, guilds, artists, performers, agents, engineers, producers, directors or other third parties.
8. No Obligation to Publish
FMB makes no representations that it will publish or make available on FMB any Content Submissions, and also reserves the right, in its sole discretion, to edit, refuse to allow and/or delete any Content Submissions on FMB, or to remove any Submission at any time with or without notice and without any liability to you. Without limiting the generality of the preceding sentence, FMB complies with the Digital Millennium Copyright Act, and will remove User Content Submissions upon receipt of a compliant takedown notice (see Section 27, “Digital Millennium Copyright Act,” below).
FMB also reserves the right to remove any Content and/or Submissions once posted or shared including without limitation comments, posts, art, entirely at its discretion for alleged violations of the ToS or other legal rights.
9. Content Disclaimer
YOU UNDERSTAND THAT WHEN USING FMB, YOU’LL BE EXPOSED TO THIRD-PARTY CONTENT AND CONTENT SUBMISSIONS FROM A VARIETY OF SOURCES, AND THAT FMB IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH THIRD-PARTY CONTENT AND/OR CONTENT SUBMISSIONS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO THIRD-PARTY CONTENT AND/OR CONTENT SUBMISSIONS THAT ARE INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FMB WITH RESPECT THERETO. FMB DOESN’T ENDORSE ANY THIRD-PARTY CONTENT OR SUBMISSION OR ANY OPINION, COMMENT, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL FMB BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR CONTENT SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN ANY CONTENT, ANY INTELLECTUAL PROPERTY INFRINGEMENT WITH REGARD TO ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, SUBMITTED OR OTHERWISE DISPLAYED OR TRANSMITTED VIA FMB. BY ACCESSING OR USING ANY THIRD-PARTY CONTENT OR CONTENT SUBMISSIONS THROUGH FMB, YOU WAIVE ANY AND ALL CLAIMS AGAINST FMB THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO SUCH THIRD-PARTY CONTENT OR CONTENT SUBMISSIONS.
FMB is not responsible for the content of user comments. If a third party complains that your comment violates the TOS or their rights, we may invite them to respond in the comments themselves.
10. Reliance on Content, Advice, Etc.
Opinions, advice, statements, offers, or other information or content made available by or through FMB, either directly or indirectly, is or may be opinion and should not necessarily be relied upon. FMB doesn’t: (a) guarantee the accuracy, completeness, or usefulness of any information on any FMB website, or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on this website or any other FMB service or site. Under no circumstances will FMB or its affiliates be responsible for any loss or damage resulting from your reliance on such information, advice or content or transmitted to or by any registrants and/or members.
11. Responsibility of Contributors
If you Submit anything, comment, post, submit a post, or reply to a comment and/or post or submit any material whatsoever on this website, including, without limitation, post links on this website or otherwise make (or allow any third party to make) material available by means of this website (any such material may hereinafter be referred to collectively as the “Content”), you’re entirely responsible for the content of, and any harm resulting from the Submission and the Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, video file, computer software, or anything else not here specifically described. By making the Submission/Content available to and/or on FMB, you represent and warrant that:
- the downloading, copying, commercial exploitation and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required ToS;
- the Content doesn’t contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and doesn’t contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), doesn’t contain threats or incite violence towards individuals or entities, and doesn’t violate the privacy or publicity rights of any third party.
In order to make Comments useful and interesting, the following community guidelines have been established for comment users:
a. Please keep your comments to the topic/section at hand and where the comment is being posted. Also, recognize you’re responding to a person’s experiences, thoughts and feelings, and do unto others.
b. FMB is about being supportive of and to each other. Everything follows from this.
c. Please understand that sometimes there’s a fine line between your opinion and a judgment. The FMB rule is, you don’t have to agree with it…at all… but don’t judge what works (or doesn’t) for someone else. Please.
d. Don’t be mean or rude. State your opinion, if any, in a respectful manner. Allow others to respectfully offer divergent opinions. HARASSMENT OR DISPARAGMENT OF ANY KIND, as determined by FMB in its sole discretion, ARE NOT PERMITTED AND WILL NOT BE TOLERATED.
e. Inserting advertisements and spam in the comments is not permitted.
f. Please note the following guidelines for that including but not limited to text, photographs, artwork or video:
- No expressions of hatred, hostility, bigotry, racism, sexism, name calling are allowed anywhere on FMB.
- No illegal images. We’ll delete them, your account if any, and report you to the authorities as soon as possible.
- No violent (bloody, gory, gross, etc.) images are permitted.
- No images are permitted that show sexual activity of any kind..
- CONTEXTUAL AND APPROPRIATE NUDE IMAGES may be PERMITTED PROVIDED THEY IN NO WAY SHOW OR PORTRAY SEXUAL ACTIVITY. IF THERE IS ANY QUESTION AS TO THE APPROPRIATENESS OR LEGALITY OF AN IMAGE, PLEASE DON’T SUBMIT IT.
The following additional guidelines also apply to all Content and/or Comment Content Submissions:
- Don’t submit post threatening, harassing, defamatory, or libelous material.
- Don’t intentionally make false or misleading statements.
- Don’t offer to sell or buy any product or service. Don’t self-promote.
- Don’t violate the privacy of any other user
- Don’t submit or post any material that infringes any copyright whatsoever.
- Don’t submit or post information that you know to be confidential or sensitive or otherwise in breach of the law.
FMB will not in any way be responsible for information posted in the Content or Comments of any FMB site or section.
13. User Disagreements
Your use of FMB may bring you into direct and/or indirect contact with other FMB users, and their Content Submissions. Please“ cease and report” (ie don’t fight back) when faced with a potential “flame” war with another user. If another user writes or says something that offends or irritates you, please pause and consider before responding. Hostility has no place on FMB. You’re solely responsible for your involvement with other users and/or their Content Submissions. If you have a dispute with one or more users, you releaseFMB, OOC and TWTE (and their officers, directors, employees, agents, subsidiaries, joint ventures, and assigns) from any and all claims, demands, and damages (including, but not limited to, actual, direct, special, consequential, and punitive) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
14. 3rd Party Content/Links Disclaimer
We’ve not reviewed, and can’t review, all of the material (including, without limitation, computer software, links, references or recommendations) made available through the websites and web pages to which OOC may link, and/or that may link to OOC and/or its websites. OOC is not responsible for their contents, information, products/services, nor their use or any harm that may occur from same purposefully or inadvertently. By linking to or clicking on a link to a non-OOC website or webpage, OOC doesn’t represent or imply that it endorses such website or webpage. You’re responsible for taking any necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. GFMB and TWTE disclaim any and all responsibility for any harm resulting from your use of this website or any non-OOC/FMB/TWTE websites and web pages or from any downloading by those visitors of content posted on this website.
15. Dealings with Advertisers
Your connecting to, correspondence, business dealings with, or participation in promotions of, advertisers found on or through FMB, including but not limited to payment and delivery of related goods or services, and any other ToS, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FMB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this or any other FMB website.
16. Copyright Infringement and DMCA Policy
FMB and TWTE respect the intellectual property rights of others. If you believe that material located on or linked to by FMB violates your copyright, EXCEPT AS PROVIDED IN THE SUBMITTING CONTENT SECTION, please notify FMB by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below.
All Infringement Notices need to be sent to: email@example.com (Legal at feel more better dot com) as plain text emails without attachments and include the following or they will be deemed invalid:
- An electronic signature of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit FMB to find and positively identify that content;
- Your name, address, telephone number and email address; and
- A statement by you: (a) that you believe in good faith that the use of the Content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent or pursuant to our policies regarding submission of Content and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you’re either the copyright owner or a person authorized to act on the copyright owner’s behalf.
If a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) is valid, we’re required by law to respond to it by disabling access to the allegedly infringing Content. OOC will respond to all such notices within a reasonable period of time, including as required or appropriate, by removing the infringing material and/or disabling all links to the infringing material. Again, please let us know if you think we’re violating your copyright. That’s not our intention, at all.
17. Proprietary Rights
You acknowledge and agree that all Content and materials available on or through FMB, and once submitted to FMB, is/are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws. As above, you may print or download one copy of the materials or content from FMB on any single computer for your personal, non-commercial use, provided that such materials remain unaltered and are accompanied by a clearly visible copy of any copyright or other proprietary notice appearing on such materials. Otherwise, you may not republish, retransmit, reproduce or otherwise use the materials or content.
Systematic retrieval of data or other content from FMB to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from FMB is strictly prohibited. In addition, use of the content or materials for any purpose not expressly set forth in this Agreement is prohibited. Except as expressly authorized by FMB, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. To request such authorization, e-mail FMB at: firstname.lastname@example.org.
18. Intellectual Property
This Agreement doesn’t transfer from FMB to you any FMB or third party intellectual property rights, and all right, title and interest in and to such property will remain (as between the parties) solely with FMB. FMB and the FMB and OOC names, logos and all other trademarks, service marks, graphics and logos used in connection with FMB, including, without limitation, on this website or its related websites are trademarks or registered trademarks of TWTE, FMB/OOC and/or their licensors. Other trademarks, service marks, graphics and logos used in connection with this website may be the trademarks of other third parties. Your use of this website grants you no right or license to reproduce or otherwise use any FMB or third-party trademarks.
FMB reserves the right, in its sole discretion, to modify or replace any part of this Agreement at any time. It’s your responsibility to check this Agreement periodically for changes. Your continued use of or access to this website following the posting of any changes to this Agreement constitutes your acceptance of those changes. FMB may also, in the future, offer new services and/or features through this website. Such new features and/or services shall be subject to the ToS and conditions of this Agreement.
20. Termination of Use
FMB may terminate your access to all or any part of this website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account with FMB (if applicable), you may simply discontinue using this website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
21. Termination of Service
We reserve the right to modify or discontinue, temporarily or permanently, OOC (or any part thereof) with or without notice. You agree that OOC shall not be liable to you or to any third party for any such action. Thank you for your understanding.
22. Disclaimer of Warranties
This website is provided “as is”. OOC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither OOC nor its suppliers and licensors, makes any warranty that this website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, this website solely at your own discretion and risk.
23. Limitation of Liability
In no event will FMB, or any of its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FMB, if any, under this Agreement during the twelve (12) month period prior to the cause of action. FMB shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
24. Limitation of Basis of Bargain
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OOC, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OOC, OOC’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT OOC WOULD NOT BE ABLE TO OFFER OOC TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS. THANKS.
25. Limitation of Basis of Bargain
26. Prohibited Uses of FMB
You agree not to use FMB to:
a. upload, store, post, email or otherwise transmit any: (i) material that is inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another person’s privacy, hateful, racist, bigoted or otherwise objectionable, (ii) material that you don’t have a right to transmit under any applicable law or under contractual or fiduciary relationships, (iii) material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party, (iv) advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted, or (v) 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;
b. connect in an unauthorized manner (i.e., by means other than the technology provided by FMB) to the community environment FMB provides for use on FMB or facilitate such unauthorized connections through the provision of software or other computer code specifically designed to allow a user to make such unauthorized connections to FMB 's community environment;
c. copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the technology or any other software FMB provides through FMB;
d. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through FMB;
f. disrupt the normal flow of business or dialogue, cause a screen to scroll faster than other users of FMB are able to type (e.g., "flooding"), or otherwise act in a manner that negatively affects other users' ability to engage in (real time) exchanges;
g. interfere with or disrupt FMB or its servers, websites and computing equipment or any servers, websites and/or computing equipment connected to FMB, or disobey any requirements, procedures, policies or regulations of FMB.
h. initiate, facilitate, participate in or distribute a denial of service attack, exploit any documented or undocumented vulnerability in FMB, or otherwise initiate, facilitate, or participate in any disruptive action aimed at FMB or the Internet in general;
i. Try to gain access to areas that are private to FMB or to other FMB users;
j. violate any applicable local, state, national or international law or regulation;
k. stalk or otherwise harass another;
l. harm minors in any way and/or establish unlawful contact with minors (whether on or off FMB websites);
m. upload, store, post, email or otherwise transmit any image containing actual or simulated sexual activity of any kind;
n. collect, intercept or harvest member names; collect, intercept or store personal data about other users of FMB; or solicit or attempt to discover a user's password, member name, or other registration or usage information without the user's express knowledge and consent;
o. engage in or run raffles, lotteries, contests, or sweepstakes;
p. promote or provide instructions or information about how to engage in illegal conduct or commit illegal activities or activities intended to cause disruption to FMB, promote physical harm or injury, or promote any illegal act or act intended to cause harm or disruption to FMB or the Internet in general;
q. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
r. store any information or use any web page or directory you create, including any member profile or posting in or to a public area, on or through FMB as storage for remote loading or as a door or signpost to another web page, whether inside or outside FMB.
s. You acknowledge that we don’t pre-screen users or all material posted or transmitted on FMB. We and our designees shall have the right (but not the obligation) in our sole discretion to review and edit, delete or refuse to post any material submitted for display or placed on FMB, including but not limited to messages, profiles, images, comments, posts, stories, artwork and reviews. Without limiting the foregoing, we and our designees, shall have the right to remove any material that violates this Agreement, that we believe in good faith may create liability for us, or that we deem is otherwise objectionable. You acknowledge and agree that we may preserve material and may disclose material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any material violates the rights of third parties; or (d) in our sole judgment, protect the rights, property, or personal safety of FMB, its users or the public.
26. Corresponding With Us
27a. Never hesitate to contact Feel Mroe Better's customer-care at Talk To Us at Feel More Better dot com; or find us on Facebook or Twitter if there’s something specific to FMB.
27b. Any correspondence with any of the FMB sites, with TWTE, or Submission of Content to us, including but not limited to any comments, documentation, stories or images, is/are considered property of FMB. FMB reserves the right to reproduce such content, in whole or in part, on any of the TWTE and/or FMB sites or its affiliates, and to use it in any way we choose, including allowing third parties to republish the material for commercial purposes or non. In submitting something to us, you’re representing that the Content Submission is yours to give to us, doesn’t infringe on any third party's rights – copyright, trademark, privacy rights and the like – and is not libelous or unlawful or in conflict with the ToS presented herein in any way.
Please note that we’ll respond only to notices of alleged infringement that comply with the DMCA. The text of the DMCA can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov/title17/92appb.html.
To file a notice of infringement with us, you’ve got to provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please don’t send us regular mail, as we may not receive it in a timely fashion. If you don’t hear back from us in a timely fashion, please contact us again.
To help us to address your concerns, you must provide FMB with the following information:
- For each allegedly infringing image, video or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
- Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
- For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image:
- Proof of copyright
OR, absent such registration,
- a detailed description of where the photograph was taken, or the image/video gotten, by whom, who or what the subject of the image is, AND
Evidence to support your claim that you own the copyright. We’ll not comply with requests to remove anything where the complainant cannot prove they own the copyright in the image in question.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of owner of an exclusive right that is allegedly infringed.”
- Sign the document and fax it to:
(310) 472-5291, Attn: TWTE/FMB/OOC Legal /DMCA Complaints
OR email it to:
Please note you’ll be liable for damages (including any and all costs and attorneys' fees) if you misrepresent that any material on our site is infringing your copyrights.
28. Limitation of Basis of Bargain
You agree to indemnify and hold FMB/TWTE, its licensors and any other person or entity involved in creating or distributing FMB, as well as each of their respective parent companies, affiliates or subsidiaries and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including attorneys' fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of registrants and/or members, anyone using your account) use of, or conduct with respect to, FMB. You’re solely responsible for your interactions with other FMB users, registrants and/or members, and fully absolve FMBfrom any harmful consequences or damages that may result.
This Agreement constitutes the entire agreement between FMB and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of TWTE, or by the posting by FMB of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of this website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by a single arbitrator appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its ToS and conditions; FMB may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
A provision of these ToS may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of FMB to exercise or enforce any right or provision of these ToS will not constitute a waiver of such right or provision.
If any provision of these ToS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.
These ToS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TWTE and/or FMB without restriction. Any assignment attempted to be made by you in violation of these ToS shall be void. These ToS will inure to the benefit of, and be binding upon, the parties, together with their respective representatives, successors, and assigns (if applicable).
29.4 No Agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FMB as a result of these TOS or use of FMB. You further acknowledge that by submitting Content Submissions, no confidential, fiduciary, contractually implied or other relationship is created between you and FMB other than pursuant to these TOS.
The heading references herein are for convenience purposes only, don’t constitute a part of these TOS, and shall not be deemed to limit or affect any of the provisions hereof.
29.6 Entire Agreement
This is the entire agreement between you and OOC relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These TOS shall not be modified except in a writing, signed by both parties, or by a change to these ToS made by OOC as set forth above.
30. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF FMB IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SOFTWARE, CONTENT, OPINIONS, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH FMB WITHOUT LIMITATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL SUCH MATERIALS, INFORMATION, SOFTWARE, CONTENT, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT, AND FMB, ITS SUBSIDIARIES AND LICENSORS HEREBY EXPRESSLY DISCLAIM, ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT. TWTE/FMB, ITS SUBSIDIARIES AND LICENSORS DON’T REPRESENT OR WARRANT THAT FMB WILL FUNCTION WITHOUT INTERRUPTION, THAT FMB IS ERROR- OR DEFECT-FREE, THAT ANY SUCH DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT FMB AND THE SERVER(S) THAT MAKE FMB AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM FMB, ITS SUBSIDIARIES, LICENSORS OR OTHERWISE THROUGH YOUR USE OF FMB SHALL CREATE ANY WARRANTY. FURTHER, FMB, ITS SUBSIDIARIES AND LICENSORS DON’T WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH FMB WILL BE CORRECT, ACCURATE, TIMELY OR RELIABLE.
31. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL TWTE AND/OR FMB, ITS SUBSIDIARIES OR LICENSORS, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING FMB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING AND UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY), THAT RESULT FROM YOUR USE OF OR INABILITY TO USE OFF OUR CHESTS, ANY CHANGES TO OFF OUR CHESTS OR THIS AGREEMENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH TWTE/FMB. TWTE/FMB/OOC, ITS SUBSIDIARIES AND LICENSORS, AND ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING OR DISTRIBUTING FMB ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU’RE DISSATISFIED WITH FMB, OR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH OFF FMB YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FMB. THE FOREGOING LIMITATIONS ON LIABILITY SHALL BE APPLICABLE EVEN IF FMB OR THE APPLICABLE THIRD PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement contains the complete and final statement of the understanding between you and FMB with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and FMB concerning the subject matter of this Agreement. If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining ToS. The waiver by FMB of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of FMB to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of FMB or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including, without limitation, the Acceptance of ToS, FMB TOS, Content Submissions, Links, Disclaimer of Warranties, Limitations on Liability, Indemnification, Allocation of Risk, Proprietary Rights, Choice of Law & Jurisdiction and Venue and general sections of this Agreement. You don’t have the right to assign this Agreement or any of your rights hereunder to anyone. FMB has the right to assign any or all of its rights and obligations under this Agreement to any third party, provided such rights and executory obligations are assumed by such third party.
33. Copyright Notice
Copyright © 2012 That Was Then Enterprises All rights reserved