Terms And Conditions
Below we’ve summarised the most common rule violations. Read them. Understand them. Memorise them. Failure to follow them will result in a loss of your account and funds, and that doesn’t make anybody happy!
1. Giving out Personal Information: The most common reason member accounts are suspended or removed is because that person gave out personal contact information to communicate off this website. This includes but is not limited to email addresses, phone numbers, physical addresses, web addresses, web cam site addresses, etc.
2. Blogging Violations:
◦ A blog IS NOT a message board for back and forth conversations between two or more people.
◦ A blog IS NOT a place to ask for technical support. If you have a question, read the help section. If you can’t find the answer there, send us an email.
◦ A blog IS NOT a place to insult other people or to berate them for their personal decisions. If you have a problem with a person, take it up with them one-on-one. If the two of you can’t settle things like adults, take your problems elsewhere.
3. Inappropriate Photos: Your default profile picture can not contain any nudity, and it should be classy. There is to be no pornography of any kind in your personal gallery. Don’t risk losing your account over inappropriate photos.
4. Photos of Children: Do not upload photos with children in them under any circumstances! Even if you are a proud parent, photos of children DO NOT belong on this website.
5. Multiple Accounts: One login account per person. Don’t risk losing your membership by having multiple accounts.
6. Lack of Respect for Others: The golden rule. Treat other members of this website as you would want to be treated (with respect). If you have a problem with someone, try to solve it peacefully. If you cannot resolve the issue between yourselves walk away from the situation before it escalates.
Don’t stop here! Read the entire terms of service below to ensure you’re in compliance!
FundMyFotos.com is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends. Models also have the unique opportunity to receive donations towards the photo-shoot or photo-shoots of her choice. The service is operated by FundMyFotos.com, (hereinafter referred to as “FMF”). These Website User and Membership Terms and Conditions govern your use and access to and/or membership in, the following network of websites, which currently includes FMF.
These Terms and Conditions also govern your membership to FMF if you become a member. By accessing, using, viewing, reading, printing, installing, or downloading any material from FMF, or becoming a member to FMF, you agree to be bound by these Terms and Conditions. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-sign Act by emailing us. Your consent to use the E-Sign Act is limited to providing the information on this form. Access to this electronic record requires a simple browser program such as Internet Explorer, Firefox, Safari or Opera and a computer. These Terms and Conditions are subject to change by FMF without prior notice, at any time, in its discretion. Notification of any changes will be posted on this page. You agree to review this page periodically to be aware of such changes. If these changes are unacceptable to you, you must terminate your membership as provided below. Your continued use of FMF following the effective date of any such changes constitutes your full acknowledgment and acceptance of these changes.
If you do not agree to be bound by these Terms and Conditions, you may not enter FMF, you must exit FMF immediately, you may not use or access FMF, and you may not print or download any materials from them. You may use and access FMF only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using FMF. You affirm that you have read this Agreement and understand, agree, and consent to its Terms and Conditions.
You are solely responsible for obtaining access to FMF and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access FMF.
Content Linked to by FMF
The profiles displayed as results or links in FMF are developed by people over whom FMF exercises no control. The results that appear from FMF’s indices are indexed by FMF’s automated machinery and computers, and FMF cannot and does not screen the profiles before including them in the indices from which such automated search results are gathered. A search in FMF may produce results and links to profiles that some people find objectionable, inappropriate, or offensive. We cannot guarantee that an FMF search will not locate unintended or objectionable content and assume no responsibility for the content of any profile included in any results or other links on FMF.
At FMF, we recognise that privacy is important. This section outlines the types of personal information we receive and collect when you use FMF’s services, as well as some of the steps we take to safeguard information. We hope this will help you make an informed decision about sharing personal information with us.
Personal Information and Other Data We Collect
• FMF collects personal information when you register on FMF or otherwise voluntarily provide such information. We may combine personal information collected from you with information from other FMF services or third parties to provide a better user experience, including customising content for you.
• FMF’s servers automatically record information when you visit our website or use some of our products, including the URL, IP address, browser type, and language, and the date and time of your request.
• We may use personal information to provide the services you’ve requested, including services that display customized content and advertising.
• We may also use personal information for auditing, research, and analysis to operate and improve FMF technologies and services.
• We may share aggregated non-personal information with third parties outside of FMF.
• We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
• FMF processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country.
• We offer you choices when we ask for personal information, whenever reasonably possible.
• We make good faith efforts to provide you access to your personal information upon request and to let you correct such data if it is inaccurate and delete it, when reasonably possible.
Disclaimer of Warranties
FMF disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed in FMF results. FMF disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. FMF disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through FMF.
I. Images and Content
FMF contains images and content, including but not limited to, text, software, images, graphics, data, messages, or any other information, and any other World Wide Web Site owned, operated, licensed, or controlled by FMF (collectively, “Materials”). All Materials displayed on FMF are protected by the First Amendment Rights to Free Speech, Free Express, and Freedom of the Press, and parallel provisions of other constitutions. You also acknowledge that FMF is intended to contain only images protected by the First Amendment to the United States Constitution. If you are seeking information regarding illegal activities, please leave FMF immediately. You are further aware of the community standards of your community, and you will only access the content on FMF if you believe, upon diligent investigation, that the content on FMF does not offend the community standards prevalent in your community. You further agree not to use or access FMF if doing so would violate the laws of your state, province, or country.
Requests for Removal of Links or Cached Materials
FMF occasionally receives requests from people to remove links from its indices. Although FMF reserves the right to address such requests, individually, the general approach that FMF takes reflects the following principles:
FMF’s indices consist of information that has been identified, indexed, and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, FMF cannot and does not screen anything made available through its indices. For each website reflected in FMF’s indices, if either (i) a site owner restricts access to his or her website or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, FMF would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.
II. Age of Majority and Membership
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit FMF immediately and may not use or access FMF or print or download any Materials from them. You may be asked to verify your birth date on the Birth Date Verifier form as a condition of entry onto FMF, pursuant to 28 U.S.C. section 1746. You agree not to bypass any security and/or access feature on FMF. Additionally, FMF does not assume any responsibility or liability for any misrepresentations regarding a user’s age.
Membership may not be assigned, transferred, or sold to a third party. FMF and its affiliates disclaim any and all liability arising from fraudulent entry and use of FMF. If a user fraudulently obtains access, FMF may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.
III. No Child Pornography
You understand that all models appearing on FMF are, and were at the time of all recorded images, at least 18 years of age, and that FMF contains no child pornography. If you seek any form of child pornography, you must exit FMF immediately. You acknowledge that all Materials on FMF are protected by the First Amendment. We take a strong and definite stand against child pornography and only allow images and Materials that are protected by the First Amendment. If you identify any images, real or simulated, depicting minors engaged in sexual activity within FMF, please report the images to FMF. Include with your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors’ access to harmful material.
IV. Access to, Limited License, and Interference with, FMF
To access FMF, or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of FMF that all information you provide will be correct, current, and complete. If FMF believes the information you provide is not correct, current, or complete, FMF has the right to refuse you access to FMF or any of its resources, and to terminate or suspend your access at any time.
B. Limited License
Subject to these Terms and Conditions and in consideration of using FMF, FMF hereby grants you a limited, nonexclusive, nontransferable personal license to access and use FMF and the Materials contained therein. FMF provides the Materials on FMF for the personal, non-commercial use by viewers, fans, visitors, subscribers, and/or potential subscribers of said FMF. Users of FMF are granted a single copy license to view Materials (on a single computer only). All Materials on FMF shall be for private, non-commercial use only, and all other uses are strictly prohibited. FMF reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorised right to limit the amount of materials viewed. You agree to prevent any unauthorised copying of FMF, or any of the Materials contained therein. Any unauthorised use of FMF or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access FMF for its intended purpose and is not a transfer of title. You represent and warrant that you will not allow any minor access to FMF and that you will not copy or redistribute any of the content appearing on FMF. FMF reserves the right to terminate this license at any time if you breach or violate any provision of this Agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed, or otherwise copied from FMF. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from our FMF’s Materials. User hereby agrees not to use any automatic device or manual process to monitor or reproduce FMF, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage FMF or any communications on it.
V. Restrictions on Use of FMF
You may use FMF only for purposes expressly permitted by the Terms and Conditions of FMF. You may not use FMF for any other purpose, including any commercial purpose, without FMF’s express prior written consent. Without the express prior written authorization of FMF, you may not:
a. duplicate FMF or any of the Materials contained therein (except as expressly provided above in Paragraph IV);
b. create derivative works based on FMF or any of the Materials contained therein;
c. use FMF or any of the Materials contained herein for any public display, public performance, sale or rental;
d. re-distribute FMF or any of the Materials contained therein;
e. remove any copyright or other proprietary notices from FMF or any of the Materials contained therein;
f. frame or utilise any framing techniques in connection with FMF or any of the Materials contained therein;
g. use any meta-tags or any other “hidden text” using FMF’s name or marks;
h. circumvent any encryption or other security tools used anywhere on FMF (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of FMF);
i. use any data mining, robots, or similar data gathering and extraction tools on FMF;
j. decompile, reverse engineer, modify, or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;
k. sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau, or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Paragraph IV above; or
You agree to cooperate with FMF in causing any unauthorised use to cease immediately. At any time, if FMF provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate, or submit any defamatory, offensive, or illegal material while using FMF or other services included on FMF. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and FMF shall terminate all your rights under this Agreement.
You are responsible for providing all equipment and the computer necessary to access FMF. You may access the non-public portion of FMF only by being a member in good standing to FMF. FMF reserves the right to modify Materials and FMF’s design at anytime, with or without prior notice. You may become a member of FMF by completing an online registration form, which must be accepted by FMF. Upon submission of the online registration form, FMF or its authorised agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you are a member. You must promptly inform FMF of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for FMF. If you provide any information that is untrue, inaccurate, not current or incomplete, or FMF or any of its authorised agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, FMF has the right to suspend or terminate your account and refuse any and all current or future use of FMF, as well as subjecting you to criminal and civil liability. You are responsible for dishonoured checks and any related fees that we incur with respect to your account.
B. Member Account, Password, and Security
As part of the registration process, you will choose and be issued a unique user name and password which you must provide in order to gain access to the non-public portion of FMF. You certify that when asked to choose a username, you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames, that we at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. You represent and warrant that you will not disclose to any other person your unique username and password and that you will not provide access to FMF to anyone who is below the age of majority in your state, province, or country, or otherwise does not wish to view the content on FMF. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. FMF will not release your password for security reasons. You agree to (a) immediately notify FMF of any unauthorised use of your username and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorised use of FMF until you notify FMF by e-mail regarding that unauthorised use. Unauthorised access to FMF is illegal and a breach of this Agreement. You indemnify FMF against all activities conducted through your account. You may obtain access to your billing records regarding charges of your use of FMF upon request.
C. Membership Fees
Members of FMF are divided into two categories: (1) Contributor, and (2) Models. Contributors refers to those members who have a profile on the site and pay for credits within the website to be utilised in order to donate to the models under the terms and conditions of Contributors delineated below. Models are members who have profiles and agree to utilise those profiles to return comments and agree to the terms and conditions for Models, delineated below.
Terms and Conditions of Contributors:
Contributors may create a profile on FMF as their platform for communicating with Models and contributing to their campaign to reach their donation goal for their desired photoshoot. Contributors expressly agree to the current posted fees for each “credit” used on the site. Contributors also expressly acknowledge and agree that the fees may change at any time, but will not be retroactively charged. All fees paid for credits and donations and subscriptions are non-refundable.
All credit card donations are taken in a card not present atmosphere. Thus, to reduce risk, FMF may request for written authorisation of charges, as well as verification of card holder identity. All donors expressly agree to provide documentation of charges made on FMF through a written statement and/or copies of credit cards and photo identification. Failure to comply may result in account suspension or termination.
If at any time, a Model cancels her membership after a Contributor has already donated to her campaign, or is inactive for 30 days, that donation may be lost.
All donors expressly agree that if FMF terminates your account due to breach of this Agreement, or you cancel your own account, you shall not be entitled to transferable message credits or donations. Contributors expressly acknowledge and agree that accounts will be suspended after 6 months of inactivity, and any returned messages credits and/or donations will be forfeited. Contributors expressly agree that all requests for materials to Models will be in strict compliance with the remaining provisions in this Terms and Conditions Agreement, to include without limitation the copyright infringement provisions and the provisions regarding illegal content.
Terms and Conditions of Models:
Models may create a profile as their platform to run their campaign to raise the necessary money for their expressed desired photo-shoot. FMF will only make payments in one currency. If a Model chooses to change her photographer for any reason after FMF has released initial payment, a £250.00 fee will be deducted from her total balance provided the photographer change is no fault of FMF’s. Models expressly agree to the current fees and splits of Contributor donations, and further expressly acknowledge and agree that the fees and splits of Contributor donations may change at any time with or without notice, as described herein. Models acknowledge that FMF may choose to invest some or all of their campaign funds in interest bearing accounts and any other investment of FMF’s choosing.
If at any time the Model decided to cancel her membership to FMF or is terminated by FMF under the provisions herein, the Model expressly acknowledges and agrees that all moneys earned through Contributor donations shall be irrevocably forfeited and remain the property of FMF on behalf of the Contributors. Models also acknowledge and agree that donations received are only redeemable through the photographers portfolio packages; and agree that the moneys to pay for their agreed upon photography shall be paid directly to the photographer and not released to them personally.
All models expressly agree and acknowledge that they will not place any material that would conflict with any provision of these Terms and Conditions, to include without limitation; intellectual property infringement, copyright infringement, and the depiction of illegal material. All Models expressly agree that all material posted on FMF or transferred through FMF are the property of FMF, and FMF may utilise the Model’s material for any purpose whatsoever in the sole discretion of FMF.
Termination and Inactivity
All models expressly agree that if FMF terminates your membership due to breach of this Agreement, you shall not be entitled to your earnings received by means of this website.
All models expressly agree to forfeit their earnings if they fail to use them within fifteen (15) months of reaching their photography goal amount on FMF.
All models expressly agree that should they fail to maintain an active profile their account will be suspended. Activity is defined as using the websites functions at least once in a 30 day period. Logging in alone is not defined as activity.
After 30 days of inactivity the model account will automatically be placed into a suspended state at which time all donation earnings shall be forfeited. After an account has been inactive for 6 months all paid credit earnings shall be fruited. The transfer of paid credits will be instantaneous after 6-months from the date of last activity. All transfers are non-negotiable and not reversible.
Models may use FMF to raise funds for an unlimited number of additional photo-shoots.
D. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
E. Content Posted on the Website
1. You understand and agree that FMF may review and delete any content, messages, photos or profiles (collectively, “Content”) that in the sole judgment of FMF violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
2. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members.
3. By posting Content on any public area of FMF, you automatically grant as well as represent and warrant that you have the right to grant to FMF, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content to FMF and that FMF has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicensees of the foregoing.
4. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. FMF 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. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
iv. promotes information that you know is false or misleading
v. promotes illegal activities or conduct that is abusive, threatening, defamatory or libelous;
vi. promotes an illegal or unauthorized copy of another person’s copyrighted work;
vii. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
viii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
ix. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
x. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
xi. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
5. You must use the Service in a manner consistent with any and all applicable laws and regulations.
6. You may not include in your Member profile or in Personal Messages any telephone numbers, street addresses, last names, URLs, webcam information, email addresses, or other means of online communication.
7. You may not use the website as a tool to solicit donations outside of the website.
8. You may not have any more than one (1) active profile on the website at any given time.
9. You may not transmit any chain letters or junk email to other Members. Although FMF 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, FMF reserves 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 FMF deems appropriate in its sole discretion.
10. You may not cover or obscure advertisements on your personal profile page, or any FMF page via HTML/CSS or any other means.
11. You may not attempt to impersonate another user or person who is not a member of FMF
You are solely responsible for your interactions with other FMF Members. FMF reserves the right, but has no obligation, to monitor disputes between Members. At FMF’s sole discretion FMF may elect to modify Member generated content with or without prior notice, including by not limited to: photos, profiles, messages and account balances.
You may cancel your membership at any time by simply loging in to your account, then click on the Edit Profile link on your main profile page. Then just click the “Cancel Subscription” button. You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services through your use of FMF. In the event that your account is canceled, no refund will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of FMF to which you were a member. Without limiting other remedies, FMF may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of FMF and refuse to provide our services to you at any time, with or without advance notice, if: (a) FMF believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) FMF decides to cease operations or to otherwise discontinue any of FMF or parts thereof. Further, you agree that neither FMF nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to FMF. You agree that if your account is terminated by FMF, you will not attempt to re-register as a member without prior written consent from FMF.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF FMF OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. FMF AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FMF MAKES NO REPRESENTATIONS OR WARRANTIES THAT FMF OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES FMF MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF FMF OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FMF OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT FMF CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. FMF DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. FMF MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH FMF OR ANY TRANSACTION ENTERED INTO THROUGH FMF AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. FMF OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT FMF AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. FMF OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT FMF. FMF MAKES NO COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND TO ANY THIRD PERSON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE FMF WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH FMF. OUR FMF CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU DO HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND AGREE TO CEASE REVIEW OF FMF SHOULD YOU FIND IT OFFENSIVE. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE FMF AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY. THUS, ALL DISPUTES RELATING TO THE ONLINE STORE SHALL BE DIRECTED TO THE STORE, AND NOT FMF.
X. Limitation of Liability
IN NO EVENT SHALL FMF (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE FMF OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF FMF HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF FMF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FMF’S MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF AN FMF OR FMF FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless FMF, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including, without limitation, to governmental agencies, use, misuse, or inability to use FMF or any of the Materials contained therein, or your breach of any of these Terms and Conditions. FMF shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defence of such claim or suit. We reserve the right to participate in the defence of such claim or defence at its own expense, and choose its own legal counsel, but are not obligated to do so.
XII. Links and Linking
XIII. Trademark Information
FMF’s is a service marks and/or trademark of FMF. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. FMF’s marks, logs, domains, and trademarks may not be used publicly except with express written permission from FMF, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits FMF.
XIV. Copyright Information
The Materials accessible from FMF, and any other World Wide Website owned, operated, licensed, or controlled by FMF, are the proprietary information and valuable intellectual property of FMF or the party that provided the Materials to FMF, and FMF or the party that provided the Materials to FMF retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of FMF, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates FMF’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to FMF. All Materials included on FMF, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, and software is the property of FMF or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on FMF is the exclusive property of FMF or its content suppliers and protected by United States and International copyright laws, as well as other laws and regulations.
XV. Notice of Claimed Infringement
You expressly agree not to utilise copyrighted materials in the usage of your FMF profile and membership. You further expressly agree to indemnify FMF in full for any copyright infringement or other infringement of intellectual property rights owned by another, and caused by your usage on FMF. Also, FMF respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FMF’s Designated Copyright Agent the following information:
a. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
b. description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on an FMF;
d. your address, telephone number, and e-mail address;
e. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agents, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised agent to act on the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to: webmaster@FundMyFotos.com Please do not send other inquiries or information to our Designated Agent
XVI. Notice and Takedown Procedures
FMF implements the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement. FMF reserves the right at any time to disable access to, or remove any material or activity accessible on or from FMF or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of FMF to terminate the account of repeat copyright infringers, when appropriate, and FMF will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. section 512 of the Digital Millennium Copyright Act (“DMCA”). FMF’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and section 512 of the DMCA, but does comply with three requirements for identifying FMF that are infringing according to section 512 of the MCA, FMF shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, FMF will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. FMF reserves the right to modify, alter, or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such charges.
XVII. Export Control
You understand and acknowledge that the software elements of the Materials on FMF may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to United States’ or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
XVIII. No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognise a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
XIX. Agreement Not to Compete
For good consideration and as an inducement for FundMyFotos.com to its website members, the members hereby agree not to directly or indirectly compete with the business of the Company and its successors and assigns during the period of membership and for a period of two years following termination of membership and notwithstanding the cause or reason for termination. Member acknowledges and agrees that these terms and conditions are reasonable as to scope and duration.
The term “not compete” as used herein shall mean that the member shall not own, manage, operate, consult or be employed in a business substantially similar to or competitive with, the present business of FundMyFotos.com or such other business activity in which the Company may substantially engage during the term of membership. Specifically, competing means owning or working for a business of the following type: Free cosmetic surgeries or free breast implants, delivered via funds raised over the Internet or another medium.
The member acknowledges that FundMyFotos.com shall or may in reliance of this agreement provide the member’s access to trade secrets, inner-website workings, customers, and other confidential data and good will not available to the general public. The members agree to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party.
This non-compete agreement shall be in full force and effect for two years, commencing with the member termination date. If found in violation of this agreement, the member agrees to pay liquidated damages to FundMyFotos.com for any violation of the above covenant not to compete.
Any notice required to be given under this Agreement may be provided by e-mail to a functioning e-mail address of the party to be noticed by a general posting on FMF, or personal delivery by commercial carrier such as FedEx or Airborne. Notices by customers to FMF shall be given by electronic messages unless otherwise specified in the Agreement.
B. Change of Address
Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective
Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered, or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by e-mail and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient’s business hours, or 9:00 a.m. (recipient’s time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number, and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice
Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, e-mail server, or overnight delivery service.
XXI. Communications Not Private
FMF does not provide any facility for sending or receiving private or confidential electronic communications. Visitors should not use FMF to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into FMF can and may be read by the agents and operators of this service, regardless of whether they are the intended recipients of such messages.
XXII. Force Majeure
FMF shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of Mother Nature, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunication or information services infrastructure; hacking, SPAM, or any failure of a computer, server, or software, including Y2K errors or omissions, for so long as such event continues to delay FMF’s performance.
XXIII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of California, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of California. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Los Angeles County, California.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If any party refuses to negotiate in good faith after the other party has requested such negotiations in writing, then the refusing party expressly acknowledges and agrees that such a refusal shall forfeit his, her, or its right to attorney’s fees awards. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in according with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state, or local law, statute, or regulation, excepting only actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Los Angeles County, California, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
F. Attorney’s Fees
In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
G. No Waiver
No waiver of FMF shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of FMF and the Materials contained therein, and your membership with FMF, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorised representative of both parties.
FMF reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit FMF. Your continued use of FMF following FMF’s posting of any changes to these Terms and Conditions constitutes your acceptance of such changes. FMF does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by FMF in writing, these Terms and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense. You further agree not to upload to FMF any data or software that cannot be exported without prior written government authorisation, including, but not limited to, certain types of encryption software. This assurance and commitment shall survivor termination of this Agreement.
L. Other Jurisdictions
FMF makes no representation that FMF or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access FMF from such locations do on their own initiative and are solely responsible for compliance with all applicable local laws.