TERMS OF SERVICE
Last Modified: August 2017
Welcome to fame.co, provided by Fame Technologies, Inc. (“Fame,” “we,” “our,” or “us”). These Terms of Service govern your use of the Fame website, as well as any other websites, subdomains, or services owned or controlled by Fame, and the software and services Fame makes available to Customers and to Clients, on or through the Fame Shopping Site or through other websites, apps and services via the Fame Widget (collectively, the “Service”). To access and/or use the Service, users must at all times agree to and abide by these Terms.
This Terms of Service is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single company, organization, individual, or entity (“you” or, collectively with other users, “Users”) and Fame regarding your use of the Service. Generally, “Users” will either be: (a) users of that portion of the Service by which Fame creates for the User a Client App or allows the user to place the Fame Widget on a Client Property (“Clients”); or (b) visitors and users of Client Properties and/or the Fame Shopping Site or who interact with the Fame Service to view or purchase Merchant Products or offerings (“Customers”). Fame may have different roles with respect to different types of Users, and “you” as used in these Terms will apply to the appropriate type of User (Client or Customer) under the circumstances.
Please read these Terms carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
- Certain Definitions.
- “Client App” means the Mobile Applications (defined below), websites, and other internet properties developed and maintained by Fame for the hosting of Client-provided User Content.
- “Client Properties” means, collectively, a Client App and/or a Client Site.
- “Client Site” means a website, social media site, or other internet property of a Client on which a Fame Widget is placed.
- “Fame Shopping Site” means that certain ecommerce site offered by Fame from time to time comprised of Merchant Products identified and displayed on all or certain Client Properties and which may be purchased by Customers via the Service.
- “Fame Widget” means the technology and processes provided by Fame to enable and provide Fame’s proprietary ecommerce functionality, which can be placed on a Client Property, to enable a Customer’s purchase of goods and services (“Merchant Products”) displayed on a Client Property from third-party sellers, retailers, and/or other distributors offering such goods and services for purchase (“Merchants”).
- Service Description. The Service consists of several complementary services, which apply to different types of Users.
- For Clients. The Service made available to Clients includes, but is not limited to: (a) the development and maintenance of Client Apps; (b) the provision of Fame Widgets for placement on Client Properties to facilitate the purchase of Merchant Products from Merchants; (c) the facilitation of such purchases through such Client Properties and/or the Fame Shopping Site; and (d) access to and use of Fame’s hosted software dashboard that allows Clients to manage the User Content (defined below) they make available via such Client Apps and the Merchant Products listed or displayed on Client Properties permitted to be purchased through Fame Widget placed on Client Properties.
- For Customers. The Service made available to Customers includes, but is not limited to (a) the features and functionalities made available by Fame via the Client Properties through use of the Fame Widget, which include, but are not limited to, functionality allowing for the purchase of Merchant Products from Merchants by Customers via the Client Properties; and (b) the functionality made available on the Fame Shopping Site to facilitate the Customer’s purchase Merchant Products from applicable Merchants.
- License Grant; Restrictions; Client Properties; User Content.
- License Grant. Subject to the terms and conditions of these Terms, Fame hereby grants to you a limited, personal, non-transferable license to use the Service in the manner contemplated by these Terms. Users shall have no right to sub-license or resell the Service or any component thereof. Fame reserves all rights not expressly granted herein in the Service and Fame Materials (defined below).
- Restrictions. When using the Service you agree not to: (a) upload or transmit via the Service pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content; (b) use the Service for any purpose that is unlawful or is otherwise prohibited by these Terms; (c) use the Service in any manner that in our sole discretion could damage, disable, overburden, or impair it; (d) attempt to gain unauthorized access to the Service, or any part of them, other User Accounts, computer systems or networks connected to the Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (e) modify the Service in any manner or form, or use modified versions of the Service, including but not limited to for the purpose of obtaining unauthorized access to the Service; (f) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission, or bypass any measures we may use to prevent or restrict access to the Service; (g) impersonate another person or access another User’s User Account without that User’s permission or to violate any contractual or fiduciary relationships; (h) share Fame-issued passwords with any third party or encourage any other User to do so; (i) misrepresent the source, identity, or content of User Content; (j) modify, adapt, translate or create derivative works based upon the Service; (k) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (l) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party; provide time sharing or similar services for any third party; or use the Service for any purpose other than your own internal business use; (m) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service or Service, or features that enforce limitations on use of the Service or Service; (n) access the Service if you are a direct competitor of Fame, except with Fame’s prior written consent, or for any other competitive purposes; or (o) collect or harvest any personally identifiable information, including account names, from the Service.
- Development and Maintenance of Client Properties for Clients. If your subscription includes the development and maintenance of any Client Properties, then Fame will develop and maintain such Client Properties as mutually agreed-upon by the parties. Excluding any User Content you make available on the Client Properties, you acknowledge and agree that the Client Properties, and any and all features and functionality thereof, and any and all enhancements, improvements, and modifications thereof, and any and all data and other information collected by Fame through or in connection with the Client Properties and their development and maintenance, are and will remain owned solely and exclusively by Fame.
- User Content. Some areas of the Service (such as Client Apps and/or the Fame Shopping Site) may allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”). For purposes of clarity, User Content does not include any such content that is submitted, posted, displayed, provided, or otherwise made available on a Client Site that is not owned or managed by Fame, with respect to which Fame has no obligation of any kind, and all such content shall be governed solely by the terms and conditions made available by the applicable Client who owns and/or operates such Client Site and not by these Terms.
- We claim no ownership rights over your User Content. As between you and Fame, your User Content remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Fame has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
- By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Fame a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Fame’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content solely as permitted through the functionality of the Service and under this Agreement.
- In connection with your User Content, you affirm, represent and warrant the following: (i) you have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (ii) you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties; (iii) your User Content and Fame’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; (iv) Fame may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (v) to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
- You are solely responsible for compliance with all applicable laws, statutes, regulations, rules, orders and guidelines, whether local, state, provincial, national, or international, including but not limited to the Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising, CAN-SPAM, COPPA, TCPA, and the FTC Act, with respect to your User Content and any other content or materials you associate with the Fame Widget or the Service, including on Client Sites not owned or controlled by Fame.
- Fame takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Fame shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
- You acknowledge that Fame does not manage or control the User Content that you access, store or distribute through the Service, and accepts no responsibility or liability for that information regardless of whether such User Content is transmitted to or by you in breach of these Terms. Fame makes no warranty with respect to such User Content you may access, store or distribute through the Service. In particular, without limiting the generality of the foregoing, Fame makes no warranty that such User Content will be free of any virus, worm, trojan horse, easter egg, time bomb, cancelbot, or other destructive or malicious code or programs. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fame with respect to third party and/or User Content that you choose to access, store or distribute, through the Service.
- Ownership; Proprietary Rights. The Service is owned and operated by Fame. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service provided by Fame, including but not limited to the Fame Shopping Site, the Fame Widget, and Client Apps, but expressly excluding any Client Site and any User Content (“Fame Materials”) are protected by intellectual property and other applicable laws. Except for any technology or content licensed by Fame, which is owned by and provided by our third-party licensors, all Fame Materials contained in the Service, including without limitation the intellectual property rights therein and thereto, are the property of Fame or its affiliates. All trademarks, service marks, and trade names are proprietary to Fame or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Fame Materials or the intellectual property rights therein or thereto, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Fame Materials.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fame under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Fame does not waive any rights to use similar or related ideas previously known to Fame, or developed by its employees, or obtained from sources other than you.
- Individual Features and Services. Certain features of the Service (“Individual Services”) may have their own terms and conditions that you must agree to when you sign up for that particular product, function, or service (each an “Individual Service Agreement”). An Individual Service Agreement supplements these Terms and is hereby incorporated by reference. If any term of these Terms expressly conflicts with any term of an Individual Service Agreement, the conflicting term in the Individual Service Agreement will control. All other terms and conditions of each agreement will remain in full force and effect. Further, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
- DMCA Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Fame's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Fame to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Company: Fame Technologies, Inc.
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying Fame that your copyrighted material has been infringed. The preceding requirements are intended to comply with Fame's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
- Mobile Applications.
- Usage. We may make available the ability to access certain and features of functionality of the Service via Mobile Applications. To use the Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Fame does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Fame hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Fame account on one mobile device owned or leased solely by you, for your personal use. You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (c) make any copies of the Mobile Applications; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (e) delete the copyright and other proprietary rights notices on the Mobile Applications.
You acknowledge that Fame may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Fame or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Fame reserves all rights not expressly granted under these Terms. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
- Mobile Applications from Apple App Store. The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms is solely between you and Fame, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Fame as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Fame as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Fame, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Fame acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
- Eligibility; Termination. The Service is not available to persons under 18 years of age or to any Users previously suspended or removed from the Service by Fame. Fame may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Services (or any portion, aspect, or feature of the Services) for any reason or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
You agree that Fame, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Fame. In addition, Fame reserves the right to discontinue any aspect of the Service at any time, including the right to discontinue the display of any User Content. You agree that any termination of your access to the Service or any account you may have or portion thereof may be affected without prior notice, and you agree that Fame will not be liable to you or any third-party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Fame may have at law or in equity.
- Account Activity Responsibility
- User Accounts. In order to use certain aspects of the Service, you will have to register for the Service and create an account (“User Account”). When creating your account for the Service, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify Fame. You may be liable for the losses incurred by Fame or others due to any unauthorized use of your User Account.
- System Access. You may choose to allow Fame to automatically retrieve certain data, information, and materials relevant to Fame’s provision of the Service (“User Data”) from your system(s) or third-party systems or services on your behalf. You hereby represent and warrant that you have the permission, authority, and rights to allow Fame to so automatically access such system(s) and services and you hereby grant Fame permission to access such system(s) and services and retrieve User Data therefrom by indicating the same within your User Account. Fame disclaims any and all liability associated with accessing and retrieving data, information, and materials from such system(s) and services on your behalf. [In order to connect the Service with any third-party service, you hereby designate Fame as your agent and attorney-in-fact in connection with such service and further authorize is to: (a) store your User Data relating to such service; (b) access such service using User Data you provide us; (c) use any materials you provide us in order to provide you the Service; (d) gather and export from such service any User Data reasonably necessary for us to provide the Service to you; and (e) otherwise take any action in connection with such service as is reasonably necessary for us to provide the Service to you. You agree that those third-parties are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you.] If at any time you do not have the right and authority to allow Fame automatic access to such system(s), then you hereby agree to immediately disable such functionality within your User Account.
- Account Information. You acknowledge and agree that Fame may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Fame, its users, or the public.
- Data Subject Access Rights - GDPR. If you would like to access, review, update, rectify, and/or delete any Personal Data we hold about you, or exercise any other data subject right available to you under the EU General Data Protection Regulation (GDPR), you can send your First Name, Last Name, Email Address, and a specified request for Data Subject Acces, Deletion, Update/Modification, Complaint Filing, or Marketing to firstname.lastname@example.org. Once we receive your request via email, our Privacy Team will examine it and respond to you as soon as possible. Please note that we may still use any aggregated and de-identified Personal Data that does not identify any individual, and may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our contractual agreements.
- Payment Terms; Charges and Taxes
- Payment Terms. You are responsible for paying any applicable fees as set forth on our Pricing and Payment Terms [link] and applicable taxes associated with the Service in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made electronically by the methods specified within the Service. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number, or expiration date) and to notify Fame if your selected payment method is cancelled (e.g., for loss or theft). All fees and charges are earned upon receipt by us and are nonrefundable (and there are no credits) except (a) as expressly set forth herein, and/or (b) as required by applicable law.
- Responsibility for Your User Account. You are responsible for all charges incurred under your account made by you or anyone who uses your User Account (including your co-workers, colleagues, team-members, etc.). If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your User Account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use, or value-added taxes. To the extent Fame is obligated to collect such taxes, the applicable tax will be added to your billing account.
- Authorization to Use Your Chosen Payment Method. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Service; provided, however, that such notice will not affect charges submitted before Fame could reasonably act. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you ordered the applicable service or on the Pricing and Payment Terms. You agree that charges may be accumulated as incurred and may be submitted as one or more aggregate charges during or at the end of the applicable billing cycle.
- Changes to Charges and Fees. Fame reserves the right to change the amount of, or basis for determining, any fees or charges for the Service we provide, and to institute new fees, charges, or terms effective upon prior notice to our Users. You will receive notice of any fee change at least five (5) days before the scheduled date of the transaction and failure to cancel your account as set forth herein will constitute acceptance of such fee change. Any changes to fees will apply only on a prospective basis. If you do not agree to any such changes to fees, charges, or terms, your sole remedy is to cancel your subscription. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part. If you have a balance due on any Service account, you agree that Fame can charge these unpaid fees to any payment method that you have previously provided.
- Automatic Renewals. If you are a Client, your subscription to the Service will be automatically renewed and your credit card account (or other payment method account) will be charged as follows without further authorization from you: (a) every month for monthly subscriptions; (b) upon every one (1) year anniversary for annual subscriptions; (c) such other periodic rate you have selected from among the options offered on the Service. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all related recurring charges to your applicable payment method without further authorization from you and without further notice unless required by law. You acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if there has been a change in the applicable fees.
For annual subscriptions, you will have thirty (30) days after the date that any renewal fee is posted to your account to give notice that you want to cancel your subscription, and the subscription will be cancelled upon receipt of such notification and a credit will be posted to your account equal to the latest renewal fee charged. For monthly accounts or other accounts with a periodic subscription cycle of less than one year, there are no refunds for cancellations for periodic charges. For monthly subscriptions, you must cancel your subscription within the Service at least five (5) business days prior to the first day of the next calendar month to avoid being charged the renewal fee for such month. For all other subscriptions, you must cancel your subscription within the Service at least five (5) business days prior to the first day of the next subscription period to avoid being charged the renewal fee for such subscription period.
- Purchase Process; Payment Processing; Refunds, Returns, and Chargebacks.
- Purchase Process. When you, a Customer, purchase goods or services via a Client Property, you will provide Fame with all relevant User Data to facilitate the purchase the goods or services from the applicable Merchant, as your agent and on your behalf. Further, you hereby provide us all relevant legal authority to enter into any relevant terms and conditions applicable to goods and services purchased from such Merchant as your agent and on your behalf, and you hereby agree to be bound and abide by all such terms and conditions. You may be charged a convenience fee (not a surcharge) for Fame’s facilitation of such purchases, which convenience fee will be displayed to you at the time of purchase. You hereby acknowledge that while Fame facilitates the purchase of goods and services from Merchants, Fame is not itself a Merchant of such goods and services. You will be the ultimate purchaser of such goods or services and you are fully responsible to Merchant for any amounts due for such goods or services.
- Refunds, Returns, and Chargebacks. Because Fame is not itself the Merchant of any goods or services via the Client Properties, the Fame Shopping Site, or otherwise via the Service, in order to return any items or receive any refunds from any Merchant, you must follow the applicable Merchant’s refund and return policies, which are made available by the Merchant, typically via the Merchant’s website. In the event that you submit a chargeback based on any purchase you make via the Service, you will promptly notify Fame in writing thereof.
- Third-Party Sites. The Service may call the servers of other websites or services solely at the direction of and as a convenience to Users (“Third Party Sites”). Fame makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk.
- Disclaimers; No Warranties
The Service and any third-party or User Content, software, services, or applications made available in conjunction with or through the Service is provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Fame, its suppliers, licensors, and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Fame, its suppliers, licensors, and partners do not warrant that the functions contained in the Service will be uninterrupted or error-free, that the Service will meet your requirements, that defects will be corrected, or that the Service or the server that makes it available is free of viruses or other harmful components.
Fame, its suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the Service in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you download or otherwise obtain third party or User Content, material, or data through the use of the Service at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such third party or User provided information, material, or data. Fame will not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store or maintain any third-party or User Content.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
- Limitation of Liability
Under no circumstances, including, but not limited to, negligence, will Fame or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Service, or any other interactions with Fame, even if Fame or a Fame authorized representative has been advised of the possibility of such damages.
In no event will Fame’s or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensor’s, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Service, including without limitation your interactions with other users, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to your claim or one hundred dollars, whichever is greater.
You acknowledge and agree that Fame has offered its products and services, set its prices, and entered into these terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and Fame.
Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Fame’s liability will be limited to the fullest extent permitted by applicable law.
- Indemnification. You agree to defend, indemnify and hold harmless Fame and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service, including any data or work transmitted or received by you, and any purchases made by you through the Service or by Customers through your Client Property (as applicable), from Merchants; (b) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your User Content, User Data, or any other data that are submitted via your User Account; (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code; and (g) any and all activity that occurs on or in connection with any Client Property that is not the result of Fame’s gross negligence or willful misconduct. Fame will have the right to control the defense, settlement, adjustment or compromise of any such claims, actions or proceedings by using counsel selected by Fame. Fame will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of the same.
- Location of the Service. The Service is controlled and operated from our facilities in the United States. Fame makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.
- Governing Law; Arbitration; and Class Action/Jury Trial Waiver
- Governing Law. You agree that: (a) the Service shall be deemed solely based in California; and (b) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings if the arbitration provision below is found to be unenforceable.
- Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Fame. For any dispute with Fame, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Fame has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Fame agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Fame from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property or other proprietary rights.
- Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these Terms, you and Fame are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- Notice and Modifications. Fame may provide you with notices, including those regarding changes to Fame’s terms and conditions, by email, regular mail, or postings on the Service. Notice will be deemed given twenty-four hours after email is sent, unless Fame is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Service is deemed given five (5) days following the initial posting. Fame reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Fame is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Fame may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
- Waiver. The failure of Fame to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Fame.
- Severability. If any provision of these Terms, an Individual Service Agreement, or any Guideline is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions; except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
- Assignment. These Terms, Individual Service Agreements, and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fame without restriction. Any non-permitted assignment will be void and of no effect.
- Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration, including, but not limited to, Sections 3 and 8 through 18.
- Headings. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. This, including the agreements incorporated by reference, constitutes the entire agreement between you and Fame relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change made by Fame as set forth in these Terms.
- Claims. Unless otherwise prohibited by applicable law, you and Fame agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Disclosures. The Service is offered by Fame Technologies, Inc., located in San Francisco, California, and can be reached via email at firstname.lastname@example.org. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.