- What personally identifiable information is collected and how it is collected.
- Our policies concerning children’s personally identifiable information.
- How personally identifiable information that we collect is used.
- With whom personally identifiable information may be shared.
- What choices are available to you regarding the use of your personally identifiable information.
- The security procedures in place to protect the misuse of your personally identifiable information.
- California residents.
What Personally Identifiable Information Is Collected and How It is Collected
Personally identifiable information, or personal information, is information that identifies you and may be used to contact you either online or offline. FDI collects personal information when you register and create a user account in order to access certain content and/or utilize aspects of the Services. FDI may also collect personally identifiable information during the course of your use of the Services and/or in connection with marketing or email campaigns. We do not require, as a condition of participation in any of our Services, that anyone disclose more information than is reasonably necessary for them to participate in an activity.
The type of personally identifiable information collected will vary depending upon the activity and may include your first and last name; e-mail address; account information for certain third party third party sites or networks, such as Facebook and Twitter, phone numbers; mailing address; and zip code. We will also collect the contact information of your friends, if you choose to connect your contacts and address book information with FDI, and/or if you choose to connect those accounts with your FDI account your login credentials to your social network accounts, such as Facebook and Twitter.
We also may automatically collect certain information when you use our Services, such as your location/GPS coordinates (if you enable this feature), a device identifier (but not the UDID), MAC address, Internet Protocol (IP) address (if using a browser), operating system, computer type, software, Internet IP address, the browser type, the address of a referring site and your activity on FDI. You can enable or disable location services when you use FDI at anytime, through your mobile device settings. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above.
At any time, but only once per calendar year, or as otherwise required under applicable law, you may contact FDI to review the personally identifiable information that FDI has collected about you. If you discover any errors, please notify FDI and the information will be corrected. To review the personally identifiable information that FDI has collected about you, send an email to email@example.com with the subject line: “Personal Information Review Request.”
We use “cookies” on this website. A cookie is a piece of data stored on a website visitor’s hard drive to help us improve your access to our website and identify repeat visitors to our website. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our website. Cookies can also enable us to track and target the interests of our users to enhance the experience on our website and provide support for the internal operations of the website or some of our online services including apps. Usage of a cookie is not linked to any personally identifiable information on our website.
We do not knowingly collect personally identifiable information from someone we know to be a child under the age of thirteen (13) without prior parental consent. Our websites and application contain features that may be attractive to children; therefore, children should not be granted access to any passwords or use of the parent or guardian’s account without direct monitoring and supervision by the parent or guardian. FDI is not responsible for any unauthorized use of accounts, and we encourage everyone to protect their passwords and not disclose them to anyone.
How Personally Identifiable Information is Used
We will only collect information to the extent necessary for us to provide our Services. We will also use personally identifiable information to: provide you with any information or material you may request from us and to process or complete any transactions; respond to your e-mails, questions or comments; analyze usage and trends and personalize and improve FDI and your experience when you use our Services such as suggesting content or features that may match your interests and level of gaming experience; send you confirmations, updates, security alerts and support messages; find and connect with your friends and contacts (with your permission); pair you with a user of our mobile applications who has first provided your personally identifiable information (such as your phone number or e-mail address) in order to be paired with you in connection with using our mobile applications; alert you of new products, promotions, special events and offers; and, for any other purpose for which the personally identifiable information was collected. We may also use personally identifiable information to allow us to deliver messages to your personal accounts on certain third party sites or networks, such as Facebook and Twitter. We may also need to use your personally identifiable information to (1) respond to subpoenas or court orders, (2) to establish or exercise our legal rights or defend against legal claims, (3) protect the safety or property of our employees, contractors, customers, users or others or (4) to the extent otherwise required by applicable law.
If at any time you wish to opt-out from having your personally identifiable information used in order to deliver information from FDI about new products, services, or promotions, you may contact us at firstname.lastname@example.org with the words “Opt Out” in the subject line of your email.
Sharing, Selling or Renting of Information
In the event we are acquired by or merged with another company we may transfer your personally identifiable information to the new company.
Your Access to and Control Over Your Personally Identifiable Information
You may request that we delete your user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email us at email@example.com with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Services, please email us at firstname.lastname@example.org with the words “Delete My Information” in the subject line.
How Your Personally Identifiable Information Is Protected
The security of your personally identifiable information is important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. However, please understand that no security measure is perfect or impenetrable and therefore we cannot guarantee the absolute security of your personally identifiable information.
We also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
Fingerprint Digital, Inc.
Attn: DMCA Agent
240 Stockton Street, 6th Floor
San Francisco, CA 94108
YOUR CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. FDI has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and want additional information confirming how FDI does not share your personally identifiable information with third parties for their direct marketing purposes, you may contact us at email@example.com with the words “California Privacy” in the subject line of your email.
Last Updated: August 1, 2013
2) GRANT OF LIMITED LICENSE TO USE THE SERVICES.
Subject to the terms and conditions of this Agreement, you are hereby granted a limited non-exclusive, non-transferable, revocable license during the term of this Agreement to access and use the Services. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE RESERVED BY FDI. FDI reserves the right to interrupt all or any aspect of Services from time to time on a regularly scheduled basis or otherwise with or without prior notice, for any reason (or no reason), including, without limitation, in order to perform maintenance. You understand and agree that delays and disruptions of other network transmissions are completely beyond our control. You acknowledge that the Services may also be interrupted for reasons beyond the control of FDI and FDI cannot guarantee that you will be able to access the Services or your User Account (as defined below) whenever you may wish to do so. FDI has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Services as FDI shall determine at its discretion. Solely for purposes of clarity and without limiting or waiving any term or condition set forth elsewhere in this Agreement, we are entitled, with immediate effect, to block your access to the Services where you use the Services in a manner that violates applicable law or in a manner that FDI determines is a breach this Agreement. Your right to access and use the Services is provided at our discretion, and your account may be suspended or terminated at any time and for any reason. Only individuals may apply for registration, and organizations or companies are not eligible to register for Services without the express written permission of FDI, which it may withhold in its discretion.
3) ELIGIBILITY. You are only eligible to register for certain Services if you meet certain requirements as set forth at the time of registration. If you do not meet such requirements, then you may not register for Services.
4) USER ACCOUNT. Certain content and Services that FDI may offer or that you may wish to access will require that you first register with FDI and create an account (“User Account”), although many Services are accessible without the requirement of a User Account. This Agreement applies equally to your access to and use of the Services without establishing a User Account as well as your access to and/or use of the Services for which a User Account is required.
a) Establishing a User Account. To establish a User Account, you may be required to provide FDI with certain personal information, including without limitation, your first and last name, date of birth, e-mail address, account information for certain third party sites or networks such as Facebook or Twitter, phone numbers (including cell phone numbers), mailing address and zip code that may be used to identify you as an authorized user of the Service. You agree that you will supply accurate information to FDI when requested, and that you will update that information promptly if it changes. FDI reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information.
b) Login Information. During the registration process, you may be required to select a username and a password (collectively, “Login Information”). It is important that you remember your Login Information and that you keep your Login Information in a safe and secure offline location. You may not share or transfer your User Account or the Login Information with anyone other than as expressly set forth in this Agreement. You are responsible for protecting the confidentiality of the Login Information, and you will be responsible for all use of your User Account accessed with your Login Information, whether or not authorized by you. Any unauthorized access, use, distribution or transfer of your User Account or Login Information may result in suspension, termination, or cancellation of your User Account and your access to and use of the Services.
d) No Ownership of Your User Account. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF FDI.
5) CODE OF CONDUCT. Your use of the Services is governed by certain rules (the “Code of Conduct”) maintained and enforced by or on behalf of FDI and to which you (and all users) must adhere. It is your responsibility to know, understand and abide by the Code of Conduct. The following rules are not meant to be exhaustive. In addition to the conduct specified below, FDI reserves the right, in its discretion, to take disciplinary or other measures as it sees fit in response to conduct that it deems unacceptable, including, without limitation, to delete or alter any username or the suspension, termination, or cancellation of your User Account and your access to and use of the Services, or terminate any license granted in this Agreement, for any reason whatsoever. FDI reserves the right to modify the Code of Conduct at any time.
a) Unacceptable Online Conduct. Any attempt by you to disrupt, or encourage or promote the disruption of the Services may be a violation of criminal and civil laws. You agree that you will not violate any applicable law, rule or regulation in connection with your use of the Services, nor will you interrupt or attempt to interrupt the operation of the Services in any way, including without limitation, the following:
i) use any unauthorized third-party that intercepts, or otherwise collects, information from or through the Services;
ii) modify or cause to be modified any files that are a part of the Services in any way;
iii) facilitate, create or maintain any unauthorized connection to the Services; or
iv) disrupt or assist in the disruption of any computer used to support the Services or another individual’s access to or use of the Services.
b) Username Rules. FDI may change your username, block your registration, remove your username from all aspects the Service, and/or suspend or terminate your access to the Service if FDI determines, at its discretion, that your username is contrary to the terms of this Agreement, including, without limitation, the requirements set forth in this Section 5. You may not use any name:
i) that belongs to another person with the intent to impersonate that person or that may mislead others to believe you to be the other person an employee of FDI;
ii) that uses vulgar or insulting language or which is otherwise offensive, defamatory, obscene, hateful, or racially, ethnically, or religiously charged, or other language FDI considers objectionable;
iii) that belongs to a popular culture figure, character, celebrity, media personality or any other name protected by a third-party’s trademark(s), service mark, publicity rights or other proprietary rights;
iv) that is, contains, or is substantially similar to, a trademark or service mark, whether registered or not; or
v) that is related to drugs, sex, alcohol, or criminal activity.
c) Rules Related to Use of Games, Apps and Other Content available as part of the Services. If you download or otherwise access a game or online application (commonly known as an “app”) or any other content from the provider of that app (collectively, “Third Party Channels”) and breach the terms and conditions associated with the access and use of such Third Party Channels, or otherwise use or access such game app or content in a manner that FDI deems inappropriate, then your User Account may be immediately terminated or suspended.
6) COMMUNICATION AND OTHER FEATURES AVAILABLE IN CONNECTION WITH GAMES, APPS AND OTHER CONTENT AVAILABLE AS PART OF THE SERVICES.
a) Communication Features. When using or accessing Third Party Channels, you understand that you may be exposed to messages, information, data, text, software, graphic files, advertising or other materials, whether in written, verbal, electronic, digital, machine-readable or other form (whether now known or hereafter to become known) from other users (“Third Party User Material”) and that you might find such Third Party User Material objectionable. FDI and its Third Party Providers do not control the content of any Third Party User Material and do not guarantee its accuracy, integrity or quality. You understand that any Third Party User Material sent through or appearing on the Third Party Channels is the sole responsibility of those users or persons transmitting such Third Party User Material. This means that you, and not FDI or its Third Party Providers, are entirely responsible for all Third Party User Material that you transmit or receive. Under no circumstances will FDI or its Third Party Providers be liable for any errors or omissions in any Third Party User Material or for any loss or damages of any kind incurred as a result of the access to, downloading, viewing, listening, use of or inability to use any Third Party User Material. FDI and its Third Party Providers have no obligation to monitor or supervise Third Party User Material, and expressly disclaim any representation that they will monitor or supervise such Third Party User Material. You agree that you have no expectation of privacy in connection with any Third Party User Material. You also agree to indemnify and defend and hold FDI and its Third Party Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your violation of these terms and conditions or your violation of any rights of another.
b) Purchase Features. Some applications offered by way of the Services or otherwise referenced on the FDI website may include the ability to make purchases within the application itself (also referred to as “in-app purchases”). This can include the ability to purchase additional content or access additional features without having to leave the application. The device on which you are accessing such applications may include settings that prevent access to certain features or content, which may allow you to turn off the ability to make in-app purchases. For example, Apple, Inc. outlines the steps required to enable restrictions on certain of its devices (currently at http://support.apple.com/kb/HT4213). Please review your settings on your device or seek advice from your data carrier or the manufacturer of your device on how to change your settings or enable restrictions.
c) Social Network Access. When using some applications offered by way of the Services or otherwise referenced on the FDI website, you may have the ability to access a social network. If you access a social network, you may need to share information (some of which could be personally identifiable information).
7) OWNERSHIP. Nothing contained in this Agreement shall be construed as conferring any license or right, by implication, estoppel or otherwise without the written permission of FDI. You acknowledge that all rights, ownership, intellectual property and title in and to the Services, including without limitation any User Accounts, Login Information, titles, trademarks, trade names, service marks, moral rights, computer code, themes, objects, catch phrases, locations, concepts, artwork, animations, sounds, music, video, photographs, opinions, images, text, audio-visual effects, or methods of operation and any documentation related to any of the aforementioned items (collectively, “Materials”) are owned and controlled by FDI or its Third Party Providers. You may not use, copy, reproduce, create derivative works from, perform, publicly display, adapt, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, license, distribute or exploit, in any way whatsoever, the Materials contained in the Services without the express written permission of FDI or its Third Party Providers. Any modification of the Materials or any portion thereof, or unauthorized use of the Materials for any other purpose, constitutes an infringement of FDI’s, or its Third Party Providers’, copyrights and other proprietary rights and, for clarity, nevertheless are created for FDI or its Third Party Providers’ sole and exclusive benefit, and are owned and controlled by FDI or its Third Party Providers.
Any and all material of any kind or nature that you may submit (e.g., by uploading or transmitting) via the Services (“User Content”) shall be deemed, and shall remain, the property of FDI or its Third Party Providers from the moment of creation. Accordingly, FDI shall exclusively own all now known or hereafter existing copyrights and all other intellectual property rights to all User Content of every kind and nature, in perpetuity, throughout the universe. To the extent that any of the above may be void or unenforceable, you agree that any and all User Content is hereby irrevocably assigned to FDI or its Third Party Providers, together with all intellectual property rights therein. To the extent any of the User Content is not assignable, by submitting User Content in connection with your access or use of the Services (whether such submission is directly to FDI or to a party associated or affiliated with FDI), you expressly grant FDI or its Third Party Providers an exclusive, irrevocable license to, throughout the universe and in perpetuity, use, copy, reproduce, create derivative works from, perform, publicly display, adapt, translate, upload, modify, edit, publish, post, transmit, participate in the transfer or sale, sublicense, distribute or exploit, in any way or purpose whatsoever, any User Content, commercial or otherwise, in any medium now known or hereafter devised, without compensation or credit to the provider of the User Content. You also give up and agree to never assert any claim that any use by FDI or its Third Party Providers of any Materials or User Content violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, or rights to credit for the material or ideas set forth therein.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any FDI website so long as the link does not portray FDI or its products or services or Third Party Providers in a false, misleading, derogatory, or otherwise offensive manner. You may not use any FDI logo or other proprietary graphic or trademark as part of the link without express written permission.
8) DIGITAL MILLENNIUM COPYRIGHT ACT.
a) We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:
i) provide your physical or electronic signature;
ii) identify the copyright work that you believe is being infringed;
iii) identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;
iv) provide us a way to contact you, such as your address, phone number or email address;
v) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
vi) provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.
b) Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:
Fingerprint Digital, Inc.
Attn: DMCA Agent
240 Stockton Street, 6th Floor
San Francisco, CA 94108
9) THIRD PARTY WEBSITES. When accessing and using the Services, you may be directed to third party or external websites that are not affiliated with FDI (“Third Party Websites”). FDI and its Third Party Providers are not responsible for the availability of Third Party Websites, and do not endorse, and are not responsible or liable for any content, advertising, products, or other materials contained on Third Party Websites. FDI has no control over Third Party Websites and therefore your access to any Third Party Websites is at your own risk. FDI and its Third Party Providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, inability to use, or reliance on any content, advertising, products, or other materials contained on Third Party Websites. We recommend that you carefully review any terms and conditions, privacy policies and any other legal documents that may be contained on any Third Party Websites.
10) SUBMISSIONS. If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of FDI in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, FDI the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that FDI chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against FDI relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
11) CHANGES TO THE AGREEMENT. FDI reserves the right, at its discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at anytime, for any reason, including but not limited to, the availability of any feature of the Services, hours of availability, content, data, software or equipment needed to access the Services. FDI will post a notice of such changes on its website pursuant to the Notice provision below. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop accessing or using the Services. Your continued use of the Services following any notice of revisions to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
12) NOTICE. In accordance with provisions in this Agreement requiring FDI give notice to you, FDI will do so by means of a general notice on its website, electronic mail to your email address on record in your User Account (if you have created a User Account), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have created a User Account), the choice of which being at FDI’s discretion. Any provisions in this Agreement requiring you to give notice to FDI can be done so by means of email to: firstname.lastname@example.org or by first class mail, postage prepaid, or overnight courier to:
Fingerprint Digital, Inc.
Attn: DMCA Agent
240 Stockton Street, 6th Floor
San Francisco, CA 94108
14) WARRANTY DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS”. NEITHER FDI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, THE SERVICES, OR ANY FDI PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, THAT THE SERVICES OR THEIR COMMUNICATION FEATURES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FDI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. FDI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, SECURITY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THE SERVICES OR ANY CONTENT, MATERIALS OR SERVICES ON ANY THIRD PARTY WEBSITES. THIS SECTION 13 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THIS AGREEMENT OR ANY DETERMINATION THAT THIS AGREEMENT OR ANY PORTION OF THIS AGREEMENT IS VOID OR VOIDABLE.
15) LIMITATION OF LIABILITY. NEITHER FDI, ITS THIRD PARTY PROVIDERS, NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS OR THE SERVICES OR ANY FDI PRODUCTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION (EVEN IF FDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE SERVICES; (B) THE BREACH OF ANY REPRESENTATION OR WARRANTY (OTHER THAN THE LIMITED PRODUCT WARRANTY SET FORTH IN PARAGRAPH 8, ABOVE); (C) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY FDI OR ANY THIRD PARTY PROVIDER; (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR ANY FDI PRODUCT; OR (E) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION INTERNET SERVICE DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
IN NO EVENT SHALL FDI, ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MATERIALS, THE SERVICES, OR ANY FDI PRODUCTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES. FDI DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING, OBSCENE, LIBELOUS, DEROGATORY OR HARASSING WHILE ACCESSING OR USING THE SERVICES. IN THE EVENT FDI CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL FDI ITS THIRD PARTY PROVIDERS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY MATERIALS IN THE SERVICES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, INVESTORS, PROFESSIONAL REPRESENTATIVES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EMOTIONAL DISTRESS, OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USER ACCOUNT OR YOUR ACCESS TO AND USE OF THE SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DISCLAIMERS IN WHICH CASE SOME OF THE WARRANTIES OR DISCLAIMERS PROVIDED IN THIS AGREEMENT MAY NOT BE APPLICABLE. TO THE EXTENT THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, FDI’S TOTAL LIABILITY ARISING FROM THIS AGREEMENT AND SOLE OBLIGATION WITH RESPECT TO DAMAGES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). THIS SECTION 14 SHALL SURVIVE ANY EXPIRATION, TERMINATION OR CANCELLATION OF THE SERVICES AND/OR THIS AGREEMENT OR ANY DETERMINATION THAT THIS AGREEMENT OR ANY PORTION OF THIS AGREEMENT IS VOID OR VOIDABLE.
16) FORCE MAJEURE. FDI shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FDI, including without limitation, any failure to perform hereunder due to unforeseen circumstances, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, tornados, hurricanes, pandemics, accidents, strikes, internet interruption, denial of service attack, hacking or shortages of transportation facilities, fuel, energy, labor or materials.
a)When you access and use the Services, we may obtain certain information about your computer and its operating system, including but not limited to your IP address(es), browser and browser version, screen resolution, and operating system(s), for purposes of improving the Services, and to enforce the provisions of this Agreement.
b)We may, with or without notice to you, disclose your Internet Protocol (IP) address, personal information, and other information about you and your activities (i) in response to a request by law enforcement, a court order or other legal process or (ii) if we believe that doing so may protect your safety or the safety of others.
c) Our websites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help us analyze how visitors use the Services. The information generated by the cookie about your use of our Services will be transmitted to and stored on Google servers and may be accessed by us. Google uses this information to help us evaluate how our websites are used. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Third party sites and services you access through our Services may also employ cookies.
18) NON-U.S. RESIDENTS. The Services are controlled and operated by FDI from its offices within the State of California, United States of America. FDI makes no representation that the Materials or Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable, and payment of any applicable internet fees or fees charged by an internet service provider. Software from the Services is further subject to United States export controls. No software from the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
19) INDEMNITY. You agree to indemnify, defend and hold FDI, its Third Party Providers, or any person or entity involved in creating, producing, or distributing any Materials or the Services, or any of their respective directors, officers, employees or agents, harmless from and against any and all damages, costs, losses and expenses, including reasonable attorney fees and court costs relating to or arising directly or indirectly from any suit, claim, demand or settlement based upon your posting or uploading any content using any Communication Feature or your failure to comply with this Agreement or your violation of any third party right or your violation of any law, rule or regulation of the United States or any other country.
20) INJUNCTIVE RELIEF. You agree that a breach of this Agreement will cause irreparable injury to FDI and/or its Third Party Providers for which monetary damages would not be an adequate remedy. Accordingly, FDI shall be entitled to seek and obtain equitable relief, including, without limitation, injunctive relief, in addition to any other remedy to which it may be entitled under this Agreement or applicable law, without the need to post bond or other form of security, or provide proof of damages.
21) DISPUTE RESOLUTION AND GOVERNING LAW
b) Binding Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, FDI may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which FDI or its assigns may be entitled under this Agreement or applicable law, in the event of any actual or threatened breach of this Agreement by you or on your behalf, FDI would be irreparably damaged if this Agreement where not specially enforced and, as such, you agree that FDI shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of FDI’s products or services. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any claim related to this Agreement or any of FDI’s products or services to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND FDI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FDI agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
c) Restrictions. You and FDI agree that any arbitration shall be limited to the Dispute between FDI and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
d) Exceptions to Informal Resolution and Binding Arbitration. You agree that FDI may chose, at its option and discretion, to exclude the following Disputes from (and, as such, the following Disputes will not be subject to) the above provisions concerning informal resolutions and binding arbitration: (i) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy or the unauthorized use of FDI’s or its Third Party Providers’ intellectual property and/or intellectual property rights; and/or (ii) any claim by FDI for injunctive or other equitable relief.
e) Location and Jurisdiction. Any arbitration will be initiated in and take place in the County of San Francisco, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, including without limitation the Disputes contained in Section 20(d), shall be decided by a court of competent jurisdiction wherever located, including, without limitation, in the County of San Francisco, State of California, United States of America, and you and FDI agree to submit to the personal jurisdiction of such courts.
f) Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.
g) Severability. You and FDI agree that if any portion of this Section 20 (Dispute Resolution and Governing Law) is found illegal or unenforceable (with the exception of 20(d)), that portion shall be severed and the remainder of this section shall be given full force and effect. If Section 20(d) is found to be illegal or unenforceable then neither you nor FDI will elect to arbitrate any Dispute falling within that portion of Section 20(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of San Francisco, State of California, United States of America, and you and FDI agree to submit to the personal jurisdiction of that court.
22) MISCELLANEOUS. Notwithstanding Section 20(g), if any other provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be deemed severable from this Agreement, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Sections 6, 7, 9, 11, 12, 13, 14, 17, 18, 19, 20 and 21 shall survive the expiration, termination or cancellation of the Services and/or this Agreement or any determination that this Agreement or any portion of this Agreement is void or voidable. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.
Last Updated: August 1, 2013