IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR THE “AUTHORIZED USER”) AND FAMECAST.NET (“WE”, “OUR”, OR “COMPANY”) AND FAMECAST MEDIA, INC. (“WEB HOST”). BEFORE ACCESSING OR USING ANY PART OF THE FAMECAST.NET WEBSITE OR COMPANY APPS, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE OR THIS “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS COMPANY WEBSITE AND ANY APPS, PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE OR THIS “WEBSITE”). COMPANY AND WEB HOST ARE WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE AND ARE INSTRUCTED TO EXIT THE WEBSITE OR DELETE THE APP IMMEDIATELY.
LICENSE GRANT. The Website is provided by Company and hosted by Web Host, and this TOS provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Website and any apps, programs, services, tools, materials, or information made available through or from the Website conditioned on Your continued compliance with the terms and conditions of this TOS. This TOS permits You to use and access for personal or business purposes only the Website (i) on a single laptop, workstation, mobile device or computer and (ii) from the Internet or through an on-line network. You may also load information from the Website into Your laptop’s, workstation’s, device’s or computer’s temporary memory (RAM) and print and download materials and information from the Website solely for Your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If You are using the Website on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with Company or Web Host regarding access and usage privileges for the Website, including, without limitation, a Master Services Agreement with Company. Nevertheless, Your personal use of the Website will be subject to the obligations and restrictions regarding use of the Website as set forth in this TOS with respect to both Company and Web Host.
RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company or Web Host through the Website in any manner not expressly permitted by this TOS. In addition, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Website. Moreover, You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to any portion or feature of the Website, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the Website or to any Company or Web Host server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s or Webhost’s systems or networks or any systems or networks connected to the Website, (vi) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise Your identity or the origin of any message or transmittal You send to Company or Web Host on or through the Website, (viii) use the Website to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Website (or any part thereof) without Company’s or Web Host’s express, separate, and prior written permission, or (x) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Company or Web Host.
USER OBLIGATIONS. By downloading, accessing, or using the Website in order to view our information and materials or submit information of any kind, You represent that You are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when You provide information via a Website registration or submission form. If You provide any false, inaccurate, untrue, or incomplete information, Company or Web Host reserves the right to terminate immediately Your access to and use of the Website. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Website. Without limiting the generality of the foregoing, You agree that You shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which You receive or which is made available from Company or Web Host in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, You also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at Your own risk. While Company and Web Host have endeavored to create a secure and reliable Website, You should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, neither Company nor Web Host is responsible for the security of any information transmitted to or from the Website. You agree to assume all responsibility concerning activities related to Your use of the Website, including, providing any support or meeting any requirements of Your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Website shall only be available through the sole discretion of Company or Web Host or pursuant to the terms and conditions of a separate written agreement with Company or Web Host.
DELIVERY OF INFORMATION. When using and/or to facilitate the operation of certain features of the Website, You may provide Company or Web Host with additional content or information (a “Posting”). In connection with delivering and providing to Company or Web Host any such Posting, You hereby and automatically grant to Company and Web Host a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Website and Company’s or Web Host’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, You must also obtain at Your sole expense all necessary consents, rights, permissions, and clearances (and provide Company or Web Host with reasonable proof thereof (if requested)) required for Company or Web Host to use such content or information in connection with Company’s or Web Host’s services and the Website. Notwithstanding the foregoing, You acknowledge and agree that Company and Web Host shall not be responsible for any failures, inoperability, delays, or problems caused by Your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for Your use of the Website in a timely or accurate manner. Moreover, neither Company nor Web Host assumes responsibility for the deletion of or failure to store any content or information.
OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the Website, and/or to other specific portions or features of the Website, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle You to any of the Company membership benefits until You execute, and accept Company’s member services agreement with Company. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Website, the latter terms shall control with respect to Your use of that portion of the Website. Company’s and Web Host’s obligations, if any, with respect to their programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
USER NAME HANDLING POLICY. Registration as an Authorized User for access to certain areas of the Website, namely, the Company member area, may require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both Your user name and password can gain entry to the Website and to Your account. Accordingly, by using the Website, You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify Company and Web Host if You become aware of any loss or theft of Your password or any unauthorized use of Your user name and password. Company and Web Host cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. Company and Web Host reserve the right to delete or change (with notice) a user name or password at any time and for any reason.
POSTINGS. This Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the Website contains such communication forums (collectively, “Forums”), You agree that by using the Website You will not post or transmit any of the following materials on the Website’s Forums:
anything that interferes with or disrupts the Website or the operation thereof,
statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
statements or material that violates other contractual or fiduciary rights, duties, or agreements,
statements or material that is bigoted, hateful, or racially offensive,
statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
statements or material that harms minors,
statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Company or Web Host,
statements or material that misrepresents Your affiliation with any entity and/or Company or Web Host,
anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
chain letters or pyramid schemes,
statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
statements or material that are “off-topic” for a designated Forum, and
files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Website.
As Forums are public, the Authorized User experience is enhanced if You follow the foregoing and following guidelines. Please use netiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Company encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all.
PERMISSION TO USE POSTINGS. You represent that You have all necessary rights to make the Posting available to Company or Web Host and a Forum, and You also acknowledge that such Postings are non-confidential for all purposes and that neither Company nor Web Host have any control over the extent to which any idea or information may be used by any party or person once it’s posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting Your information, content, and materials to appear on the Website, Company and Web Host have not become and are not a publisher of such information, content, and materials and are merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, neither Company nor Web Host assume responsibility for the deletion of or failure to store any Posting and recommends that You do not post, display, or transmit any confidential or sensitive information.
NO PRE-SCREENING OF POSTINGS. Neither Company nor Web Host are responsible for screening, policing, editing, or monitoring Your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Company’s or Web Host’s right and ability to delete or remove a Posting (or any part thereof), neither Company nor Web Host endorse, oppose, or edit any opinion or information provided by You or another Authorized User and do not make any representation with respect to, nor do they endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other Authorized User. Nevertheless, Company and Web Host reserve the right to delete or take other action with respect to Postings (or parts thereof) that Company or Web Host believe in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to Company or Web Host or their products, services, and goodwill. If You violate this TOS, Company or Web Host may, in their sole discretion, delete the unacceptable content from Your Posting, remove or delete the Posting in its entirety, issue You a warning, and/or terminate Your use of the Website. Moreover, it is a policy of Company and Web Host to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If You become aware of Postings that violate these rules regarding acceptable behavior or content, You may contact Company or Web Host as provided below.
FEEDBACK AND SUBMISSIONS. Company welcomes Your feedback and suggestions about Company’s products or services or the Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Company or Web Host, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to Company or Web Host and enable Company or Web Host to use such feedback. In addition, any feedback received through the Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company or Web Host to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary.
LINKS TO OTHER SITES. Company or Web Host may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Company or Web Host and are maintained by third parties over which Company or Web Host exercise no control. Accordingly, Company and Web Host expressly disclaim any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
DISCLAIMER. WHILE COMPANY AND WEB HOST ENDEAVOR TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NEITHER COMPANY NOR WEB HOST ARE RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE WEBSITE. MOREOVER, COMPANY AND WEB HOST MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE WEBSITE. NEITHER COMPANY NOR WEB HOST MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. NEITHER COMPANY NOR WEB HOST ALSO MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITY. You expressly absolve and release Company and Web Host from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL COMPANY OR WEB HOST BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY AND WEB HOST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF COMPANY OR WEB HOST IN THE AGGREGATE FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EITHER COMPANY OR WEB HOST IN THE AGGREGATE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR ONE MONTH.
INDEMNITY. You agree to defend, indemnify, and hold harmless Web Host and Company and their respective affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by You of this TOS.
NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if You discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Company or Web Host, You shall immediately (i) notify Company and Web Host of such breach or such potential breach and (ii) if the applicable data was in Your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, You shall immediately (a) investigate such breach or such potential breach, (b) inform Company and Web Host of the results of such investigation, (c) assist Company and Web Host using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Company and Web Host as reasonably necessary to enforce their rights and to enable Company and Web Host to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of California as applied to agreements entered into and completely performed in the State of California. You and Company and/or Web Host, as applicable, agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of California for any disputes under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim You might have against Company or Web Host must be brought within one (1) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. Access to the Website from sates, territories, or nations where any aspect of the Website is illegal is prohibited. You access the Website on Your own volition and are responsible for compliance with all applicable local laws with respect to Your access and use of the Website. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Company or Web Host if You wish to receive a printed copy of this TOS.
ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Both Company and Web Host reserve the right to view, monitor, and record activity on the Website without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. Company and Web Host will also comply with all court orders involving requests for such information. In addition to the foregoing, both Company and Web Host reserve the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website, in order to protect the Website, Company, Web Host, and/or Authorized Users, or their respective businesses, names, goodwill, and prospects.
TERM AND TERMINATION. This TOS and Your right to use the Website will take effect at the moment You click “I ACCEPT” or You access or use the Website and is effective until terminated as set forth below. This TOS will terminate automatically if You click “I REJECT”. In addition, each of Company and Web Host reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny Your access to the Website or to any portion thereof in order to protect the Website, Company, Web Host, and/or Authorized Users, or their respective businesses, names, goodwill, and prospects; and this TOS will also terminate automatically if You fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Website, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, You must destroy all copies of any aspect of the Website in Your possession. In addition to the miscellaneous section below, the provisions concerning Company’s or Web Host’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.
MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to Company and Web Host, such injury would not be quantifiable in monetary damages, and Company and Web Host would not have an adequate remedy at law. You therefore agree that Company and Web Host shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOS. Accordingly, You hereby waive any requirement that Company or Web Host post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company and/or Web Host to enforce any provision of this TOS. The parties agree that this TOS is for the benefit of the parties hereto as well as Company’s and Web Host’s licensors. Accordingly, this TOS is personal to You, and You may not assign Your rights or obligations to any other person or entity without Company’s and Web Host’s prior written consent. Failure by Company and Web Host to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by Company and Web Host of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified incompliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between You and Company or Web Host as result of this TOS or Your utilization of the Website. Headings herein are for convenience only. This TOS, along with the Company’s and Web Host’s Privacy Policies represent the entire agreement between You and Company and Web Host with respect to use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Company and Web Host with respect to the Website.
Company and Web Host welcome questions, concerns, and feedback about this policy. If you have suggestions for us, feel free to let us know email@example.com.
Company offers a suite of content marketing, social media management, e-commerce, and monetization tools that are accessible via our websites and mobile applications. These tools allow you to bring together all of your content hosting, social media, e-commerce and other accounts for easy access and management through a single online portal. Through this portal, you can source and create content; manage your social media, marketing, and advertising campaigns; engage with your audiences; schedule and publish messages; analyze the results of these activities; create and ticket events; create subscription packages and offerings; create crowdfunding campaigns and collect payments/donations; and perform a host of other functions. Collectively, we refer to these tools as our “Services”.
Any collection, use, and management of personal information by the social networks, including but not limited to Facebook, Instagram, Twitter, YouTube, and LinkedIn (collectively, the “Social Networks”) are governed by their respective privacy policies and terms. When using Social Networks, you are required to comply with their privacy policies and terms. We recommend you carefully review their privacy policies and terms, as Company is not responsible for the Social Networks.
Our Services also enable you to customize and connect your Company account to third-party services (“Third-Party Services”), including through apps which may be available to you via our portal/dashboard. The collection of your information by these third parties is governed by the Third-Party Services’ privacy policies and terms. We recommend you carefully review their privacy policies and terms, as Company is not responsible for Third-Party Services.
Our Services are not intended for use by children and should only be accessed by individuals who are at least 18 years old and are using the Services for business purposes.
2. What information do we collect?
We collect information about you as reasonably necessary for the following activities:
Using our Services
We collect the following information when you use our Services:
Your contact and profile information including your name, email address, and phone number; your preferences such as language, time zone, and the types of communication you would like to receive from us; and image (if you choose to provide this). We may also obtain this information if you choose to use a social login service, such as Facebook Login, to create or access your account.
Billing and other payment information (if you sign up for a paid service or purchase a Third-Party Service, or purchase e-commerce items), including payment method details, such as credit card number, billing address and shipping address.
The Services you have acquired from us, including the type of plan, number of team members, and transaction information related to the Services.
Account Information, authentication tokens and other information relating to Third-Party Services accessed via our Services
Your social profile information for Social Networks you choose to connect to the Services. For example, your Facebook profile information may include your Facebook username and profile image.
A specific location such as an address, a city, or a place (for example, a restaurant) if you choose to share this information.
Your messages, posts, comments, images, advertising, and other material you curate on and upload to the Services; and information that is collected from the Social Networks that you choose to connect to and which is displayed on our Services.
Content that you may send and receive through Social Networks may contain personal information that Company does not directly collect or process. This may include information such as: names, photos, age, gender, geographic location, opinions, preferences, and phone numbers.
Logs, usage, and support data:
Log data, which may include your IP address, the address of the web page you visited before using the Services, your browser type and settings, your device information, the date and time when you used the Services, information about your browser configuration, language preferences, unique identifiers, and cookies.
Usage data and analytics, which may include the frequency of login, and the different types of activity undertaken by users.
General Location information, such as IP address and the region in which you are located when you are logging in and using the Services.
Customer support questions, issues, and general feedback that you choose to provide.
Surveys, events, and marketing information
If you choose to participate in our surveys, contests, events (such as webinars and in-person events), or those in which we are affiliated, or request information from us about our Services, we may collect information about you related to the survey, contest, or event; your contact information, such as your name, email address, telephone number, organization name and address; and general information about your organization that you choose to provide, such as annual company revenue, number of employees, and industry.
In addition, we may collect information on email open and click rates, including whether individuals clicked on links, and which web pages are visited after opening the email.
Browsing our websites
When you browse our websites, we collect information about you as described below, some of which is collected automatically:
When you use automated chat functionality (chatbots) to make an inquiry or other request, we may collect information about you such as your name and email address, your specific request, and information related to your use of our Services.
Aggregated website usage data including form analysis data (such as time taken to complete the form), engagement rate, session replay, and mouse movements. If you wish to opt out of this collection, please follow the steps outlined below to opt-out. Please note this requires the use of an opt-out cookie, so if you reset your cookies, you will need to opt out again.
We use your information for the purposes described below:
Providing and securing our Services
We need to identify and authenticate our users to ensure, for example, that only those authorized users are able to use the Services for their organization, and to make changes to their accounts.
We use information that you provide when signing up to set up your account, process payments, contact you regarding the Services, and manage your account.
We use your contact information and information related to your request to respond to your inquiries, manage our contract with you, respond to your questions and requests, and send you updates and information about the Services.
We use logging and other data such as general location information—for example, the IP address of your browser or device, to help us manage the performance, security and compliance of the Services.
Where you have chosen to share your specific location information, we use this information to provide location based features, such as enabling you to share your location on your posts for Social Networks that support this functionality, and to use any functionality that relies on location information.
We analyze usage information, your feedback, support queries, and survey responses to help us understand and make improvements to our Services.
Communicating with you
We use your contact information where appropriate to send you information about our Services, events, marketing communications (consistent with your preferences—see “Marketing emails, advertising and website browsing” below), and job opportunities. We also use email statistics, such as open rates, to assess the effectiveness of, and to make improvements to our communications.
Improving our websites and applications
We use information about you to help us understand usage patterns and other activities on our websites and applications so that we can diagnose problems and make improvements, including enhancing usability and security.
4. What are your rights regarding the information about you?
When using our Services, you may access, update, or correct most of your Account information by logging in to your account to edit your profile or organization record.
If you have requests that cannot be carried out by logging in to your account, such as accessing additional information or deleting information about you, please email our privacy team. Please note that we may need to retain certain information about you for as long as you maintain an account for our Services, to provide you with our Services, for record keeping purposes, for payment processing, to comply with our legal and regulatory obligations, to resolve disputes, or to enforce the applicable terms of service or other agreement in place between you (or your organization) and Company (the “Terms of Service”).
Requests to access, correct, or delete your information will be handled within thirty (30) days unless they are unusually extensive or complex, in which case we will advise you of the expected timeline for handling your request.
You can contact our Support team for other general requests about your account by your preferred method listed here.
Our Services retrieve and display Content from Social Networks. Beyond temporary storage for performance reasons, we do not store Content unless you take specific action in relation to such Content (such as using our Services to prepare draft Content for publication on Social Networks). In some cases, Content may continue to exist on the Social Networks even after you or we delete it from our Services, and you will need to contact the relevant Social Network directly if you want it to delete this Content.
Marketing emails, advertising and website browsing
For marketing communications, you may opt out of marketing communications sent by Company by clicking on the unsubscribe link in the marketing email you receive and changing your cookie settings here.
Company participates in interest-based advertising (where you may have visited our websites or another website which allows us to display advertising relating to our Services). The Network Advertising Initiative has developed a tool that may help you understand which third parties have currently enabled cookies for your browser and how to opt out of those cookies. Cookies set on this website can be changed here.
For more information and to opt out of interest-based advertising, you can visit this page.
You may also opt out of the collection of aggregated usage data as described above in “Browsing our websites” by following the steps outlined here.
5. Who has access to your information?
Company does not rent or sell your information. We restrict access to your information to authorized employees and we do not share your information with third parties except in the circumstances explained below.
Employees and Authorized Contractors
Our employees and authorized contractors may need to access information about you when they require this to perform their job. For example, a customer support representative would need access to your account to validate your identity and respond to your question or request; our email communications team would need access to your contact information to ensure this information is sent correctly and any unsubscribe requests are properly managed; and our security staff would need to review information to investigate attempted denial of service attacks, fraudulent account activity, or other attempts to compromise the Services.
All our employees and contractors are required to agree to maintain the confidentiality and protect the privacy of your information.
Service Providers, Authorized Resellers, and Partners
We will share limited information about you to authorized service providers we use for marketing services, communicating with you, managing our customer database, the provision of professional services, and providing and managing the Services (including hosting data centers, securing our Services, and payment processing). Famecast Media, Inc. (“Web Host”) is our third-party web hosting and service provider that provides us with our primary technology platform. The third-party service providers we use to help us deliver the Services are referred to as “sub-processors.”
Where you have purchased a service from an authorized reseller or partner, we may provide information about you to (and may receive information about you from) the reseller or partner as necessary to support your use of the service you purchased.
Social Networks and Third-Party Services
Where your employer or an entity has purchased Services on your behalf, we may disclose information about you such as your name and email address, and some usage information including whether a user has logged in to the Service, frequency of login, time spent using the Services to assist your employer or the entity in managing its use and maximizing the value of the Services.
Law Enforcement, Government Agencies, and Professional Advisors
We may need to disclose information about you where we believe that it is reasonably necessary to comply with a law or regulation, or if we are otherwise legally required to do so, such as in response to a court order or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands.
In addition, we may be required to disclose information about you if we believe it is necessary to investigate, prevent, or take action: (a) against illegal activities, fraud, situations involving potential threats to our rights or property (or to the rights or property of those who use our Services), or to protect the personal safety of any person; or (b) regarding situations that involve the security of our Services, abuse of the Services infrastructure, or the Internet in general (such as voluminous spamming, or denial of service attacks).
6. What international data transfers occur at Company?
Under the EU General Data Protection Regulation (GDPR) and other data protection laws, information about you may only be transferred from your region to other regions if certain requirements are met. For instance, under the GDPR, information about you may be transferred from the European Economic Area (EEA) to outside the EEA if adequate data protections are in place. Our Services are managed by Company’s headquarters in the United States. Company’s main offices are based in the USA. That is where we process personal information collected through our website.
When you provide personal information to us, we request your consent to transfer that personal information to the USA. The USA does not have an adequacy decision from the European Commission, which means that the Commission has not determined that the laws of the USA provide adequate protection for personal information. Although the laws of the USA do not provide legal protection that is equivalent to EU data protection laws, we safeguard your personal information by treating it in accordance with the Company GDPR Privacy Notice.
We take appropriate steps to protect your privacy and implement reasonable security measures to protect your personal information in storage. We use secure transmission methods to collect personal data through our website. We also enter into contracts with our data processors that require them to treat personal information in a manner that is consistent with this Notice. Company also uses third-party service providers, such as managed hosting providers, credit card processors, and technology partners to provide the software, networking, infrastructure and other services required to operate the Services. These third-party providers may process or store personal data on servers outside of the EEA and Switzerland, including in Canada or the US.
By its nature, social media data can be shared with people around the globe. The Social Networks and Third-Party Services that you choose to integrate with our Services may collect, store, and process your information from various locations around the world according to their own terms and privacy policies.
7. How do we safeguard your information?
Company maintains industry standard security safeguards to protect your information. This includes ensuring our employees receive appropriate security and privacy training and guidance so they are aware of the measures they need to implement to protect your information.
Access controls are in place to limit access to your information to those who need it to perform their jobs. For example, information about you may be provided to our customer support specialists to help you with your requests. Individuals who are permitted to handle your information must adhere to confidentiality obligations.
We encrypt data where appropriate to ensure that your information is kept private. We undertake vendor security and privacy reviews to ensure that vendors follow our stringent requirements to safeguard your information, and we also enter into data protection agreements with our vendors. All payment information is fully encrypted and handled only by PCI certified organizations.
More detailed information on our security practices is available here.
8. How long do we retain your information?
We retain your information only as long as required to provide the Services requested by you, for record keeping purposes, to comply with our legal obligations, resolve disputes, and enforce the terms for the Services.
After it is no longer necessary for us to retain information about you, we will dispose of it in a secure manner or anonymize the information.
10. How to contact us
If you have any questions, concerns or feedback, please email our Privacy team and Privacy Officer/Data Protection Officer; or send a letter to:
Attn: Privacy Team Famecast.net 122A E. FOOTHILL BLVD, #265 ARCADIA, CA 91006 USA
If we are unable to resolve your concerns, you also have the right to contact your local data protection authority.