Terms

Welcome to feedmegames.com (“FMG”). FMG is a social network for tabletop gamers. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties, shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”).

By using FMG you agree to be bound by these Terms and Conditions. Because the Terms and Conditions contain legal obligations, please read them carefully.

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.

  • Acceptance

  • Conditions and Restrictions on Use

  • Registration & Privacy

  • User Conduct

  • License to User Content

  • Third Party Merchandise Sales

  • Profiles

  • Disclaimer of Warranties

  • Limitation of Liability

  • Disclaimer Regarding Third Party Content

  • Storage

  • Advertisers and Content Linked to the FMG Network

  • No License; Intellectual Property of FMG and Others

  • Linking to FMG; Use of Logo

  • Indemnity and Release

  • Limitation of Actions

  • Copyright, Trademark and Patent Notices

  • Intellectual Property Infringement Claims

  • Arbitration, Governing Law and Forum for Disputes

  • Changes in Terms and Conditions and Changes in Products and Services

  • Merger

  • Non-Waiver and Separability

  • Relationship of Parties

  • No Resale, Assignment or Sub-Licensing

  • Successors and Assigns

  • Termination; Survival

  • Communications with Users

  • Submission of Ideas

  • Export Controls

  • Violations and Terms and Conditions

1. ACCEPTANCE

By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to FMG or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE

Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that FMG may terminate your access to the FMG or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by FMG Any such termination shall be at FMG’s sole discretion and may occur without prior notice, or any notice. FMG further reserves the right to terminate any user’s access to FMG or to any of the Products and Services for any conduct that FMG, at its sole discretion, believes is or may be directly or indirectly harmful to other users, to FMG or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, provincial, federal or foreign laws or regulations. FMG further reserves the right to terminate any user’s access to FMG or to any of the Products and Services for any reason or for no reason at all, in FMG’s sole discretion, without prior notice, or any notice.

You must be 13 years or older to use the FMG website and associated services.

3. REGISTRATION AND PRIVACY

Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current and complete (apart from optional items) as required by various FMG registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FMG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FMG has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

You acknowledge receipt of FMG’s Privacy Policy, and to be bound by its content.

4. USER CONDUCT

You acknowledge and agree that all information, code, data, text, software, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not FMG, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. FMG does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use FMG at your sole risk. Under no circumstances will FMG be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, FMG does not screen user or third party Content posted on FMG, although FMG reserves the right to do so. FMG does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. FMG reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by FMG.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

You also agree to act within the boundaries as explained in the Spirit Of FMG, an informal guide to the behaviour we expect from members.

Prohibited Conduct

You agree that, while using FMG’s Products and Services, you will not:

  • Personally attack, make fun of, troll, flame, bully, stalk or otherwise harass another member.

  • Make criminal accusations against another member in a public forum.

  • Make or promote any type of racism or hate towards anyone in specific or a group of people.

  • Upload pictures or videos of that are sexual, offensive, or illegal.

  • Take anything any other person has uploaded, posted, or emailed to you, on FMG and re-post such content anywhere outside of FMG without the expressed written permission of the person who uploaded, posted or emailed you.

  • Upload, post, email, otherwise transmit, private conversations between two people in any public forum on FMG without the expressed written consent of the people who are involved in said private conversation.

  • Post, directly or indirectly, any personally identifying information about another member without their consent. Personally identifying information can include, but is not limited to, a person's full name, first name, last name, email address, profession, phone number, address and place of work.

  • Use FMG to do any academic or corporate research without the expressed written consent of FMG

  • Use FMG for any fraudulent purposes.

  • Collect or store personally identifying information about any other user(s) for commercial purposes without the expressed consent of the user(s) or for any unlawful purposes.

  • Impersonate any person or entity, including, but not limited to, an FMG or FMG Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.

  • Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as “inside information”, or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement).

  • We do not want accusations on FMG.  If you have accusations to make, go to the Police or discuss them elsewhere.  This is not the platform for accusations and witch hunts. If you have a problem with someone, ignore them, block them, warn people in private.  DO NOT publish accusations of any nature. We cannot take sides or mediate, or pass judgement. We will not ban someone because you say they are XY or Z.  We will only ban someone for their conduct on FMG, or activity that is so serious, and proven legally, that association with that individual could damage the reputation of the site. So just like you couldn't stand in the street and slander, or publish a piece libeling someone, if you have accusations to make, do it the right way please.

  • Upload, post, email, or otherwise transmit, or post links to any Content that facilitates computer hacking.

  • Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

    • Making available copyrighted software or other Content that has had the copyright protection removed.

    • Making available serial numbers for software that can be used to illegally validate or register software.

    • Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.

    • Making available any software files for which the user does not own the copyright or have the legal right to make available.

  • Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, including but not limited to promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.

  • Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or FMG.

  • Use automated means, including additional computers, software and scripts, to enhance play in FMG promotions.

  • Use automated means, including spiders, robots, crawlers, or the like to download data from any FMG network database.

  • Use automated means, including bots, to create accounts on FMG.

  • Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, link, display or in any way exploit any Content from any FMG database, including, without limitation, by incorporating data from any FMG database into any e-mail or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.

  • Sell, distribute, or make any commercial or unlawful use of data obtained from any FMG database or make any other use of data from any FMG database in a manner which could be expected to offend the person for whom the data is relevant.

  • Create and maintain a FMG profile that stores or hosts content for remote loading by other web pages. (For example, you cannot create a FMG profile, post pictures to the FMG profile, and have other web pages call the FMG profile to retrieve those pictures.)

  • Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.

  • Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.

  • Disobey any FMG employee or representative or interfere with any action by any FMG employee or representative to redress any violation of these Terms and Conditions.

  • Create a new account in order to access the Products and Services after your account or access has been terminated by FMG

  • Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.

  • Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of FMG or the party from whom such software may be licensed.

  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sub-license any software deployed in connection with the Products and Services.

  • Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to FMG community or the spirit of these Terms and Conditions.

  • Advertise, offer for sale, or sell any of the following items:

    • Any firearms, explosives, or weapons.

    • Any items that are hateful or racially, ethnically or otherwise objectionable, that contain child pornography, or are harmful to minors.

    • Any controlled substances or pharmaceuticals.

    • Any counterfeit or stolen items.

    • Any goods or services that do not, in fact, exist.

    • Any registered or unregistered securities.

    • Any items that violate or infringe the rights of other parties.

    • Any items that you do not have the legal right to sell.

    • Any items where paying FMG any of the required transactional or listing fees would cause FMG to violate any law.

You acknowledge and agree that FMG and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation, FMG and its designees shall have the right (but not the obligation), at their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by FMG FMG may also terminate access to, or membership in, FMG, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of FMG, including without limitation, information posted on message boards.

You expressly acknowledge and agree that FMG may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FMG, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by FMG Inc with regard to its users may be disclosed in accordance with FMG’s privacy policy.

5. LIMITED LICENSE TO CONTENT POSTED ON FMG

FMG claims no ownership interest in any of the Content (including, without limitation, pictures, videos and writing) posted by you on FMG, and the copyright to all such Content shall remain with its original owner. By posting Content on FMG, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on FMG.

In order to make it possible for FMG to provide the Products and Services, you hereby grant FMG Inc a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display and distribute any Content posted by you on or through FMG, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate 30 days after you remove your Profile from FMG.

6. PAYMENT & REFUNDS

To request a refund for any payment made to FMG, you must do so through the FMG ticket helpdesk within 7 days of the transaction. You cannot get a refund for credit used (for example used advertising credit), and Supporting member refunds will be calculated for the days remaining of that payment period. FMG does not refund any interest or transaction fees that might of been charged to you by your financial institution.

INTERNAL &. THIRD PARTY MERCHANDISE SALES

FMG may contain links to third party websites where Users can purchase goods or services from third party merchants (“Merchants”), both through advertising, and posts by members. By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.

By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that FMG, FMG are not parties to the transaction.

Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the User’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

FMG has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through FMG. FMG cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can FMG Inc confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on FMG will act in accordance with those statements. FMG will not get involved in any dispute between Users of the Service and Merchants who post links on FMG. The ability to include links is provided only as a convenience, and the inclusion of any link by an Artist or User does not imply affiliation, endorsement, or adoption by FMG of the linked site or any information contained therein.

7. PROFILES

Users are invited to post content to their profile (“Profile”) subject to the following limitations: (a) FMG may limit the amount of bandwidth dedicated to any account; and (b) FMG reserves the right to display advertising on Profile pages. Please consult the FMG privacy policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, including, without limitation, Section 4 (User Conduct), and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. FMG Inc reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old.

By registering on FMG, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the FMG will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.

Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers and street addresses. Please read Section 4 above, User Conduct, for additional terms and conditions regarding your use of FMG.

The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which FMG assumes no responsibility or liability.

FMG reserves the right, at its sole discretion, to reject, refuse to post or remove any Content posted by you, and to restrict, suspend, or terminate your access to all or any part of the FMG Inc Network, including FMG, at any time, for any or no reason, with or without prior notice, and without liability.

8. DISCLAIMER OF WARRANTIES

THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FMG DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, FMG DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. FMG SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FMG DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. FMG DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. FMG DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. FMG MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY FMG

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL FMG OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF FMG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, FMG. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT FMG.

UNDER NO CIRCUMSTANCES SHALL FMG OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

10. DISCLAIMER REGARDING THIRD PARTY CONTENT

FMG offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, FMG has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on FMG or provided to FMG by third parties, FMG may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through FMG from such sources is developed by people over whom FMG exercises no control. Similarly, content hosted by FMG which is posted by third parties, and, with the exception of certain random screening functions, FMG cannot and does not screen such web pages before they are made accessible to other users of FMG. Accordingly, neither FMG nor its licensors assume any responsibility for the content of any site linked to the FMG web site or in any web page hosted for a third party within FMG web site. In instances where FMG does review the sites that are displayed in directories, indices, and/or references, or where FMG makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by FMG, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

11. STORAGE

Many features of FMG store information on behalf of users. Examples include, but are not limited to chat, Profiles and postings. FMG reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive.

We may also delete old data should storage space become an issue and costs exceed our income to manage storage space and data transfer use, in which case a rolling deletion of the oldest months images may be undertaken.

12. ADVERTISERS AND CONTENT LINKED TO THE FMG NETWORK

FMG and the FMG Companies may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave FMG to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. FMG have no control over such sites and resources. You acknowledge and agree that FMG are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FMG 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FMG Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FMG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

13. NO LICENSE; INTELLECTUAL PROPERTY OF FMG AND OTHERS

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of FMG's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate FMG and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of FMG and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by FMG in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by FMG, any of FMG’s affiliates, or any of FMG’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through FMG for any purpose other than the purpose for which such Content is made available to users by FMG You agree not to defame or disparage FMG, the trademarks or service marks of FMG, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or FMG.

In order to maintain the privacy and security of your user profile, you hereby grant FMG a limited, non-exclusive, worldwide, royalty-free license to any and all copyrightable content posted by you on or through FMG. You also grant and assign FMG the right and authority to enforce your DMCA and any and all intellectual property rights against alleged infringers at your request. This provision does not constitute in any way a partnership, joint venture or any other fiduciary relationship between you and FMG Further, FMG does not warrant or guarantee that it can or will enforce your intellectual property rights against alleged infringers. FMG reserves the right through this limited license to enforce your rights at your request, however, it remains the sole and primary responsibility of each member, the Content creator and owner, to police and enforce your rights against alleged infringers.

14. INDEMNITY AND RELEASE

By using the FMG web site you agree to indemnify FMG, and their officers, employees, volunteers and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the FMG web site, your use of the Products and Services, or your submission of ideas and/or related materials to FMG or from any person's use of any account or password you maintain with FMG, regardless of whether such use is authorized by you. By using FMG, using the Products and Services, or submitting any ideas and/or related materials to FMG, you are hereby agreeing to release FMG and its parents, subsidiaries, affiliates, officers, employees, volunteers, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to FMG YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.

15. LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of FMG or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

16. COPYRIGHT, TRADEMARK, AND PATENT NOTICES

All other marks that appear throughout the Products and Services belong to FMG or the respective owners of such marks, and are protected by UK, Canadian, U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of FMG or the owner of the mark, as appropriate, is strictly prohibited. FMG may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave FMG to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. FMG have no control over such sites and resources. You acknowledge and agree that FMG are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FMG 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FMG Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FMG shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

17. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

FMG respects the intellectual property of others. It is FMG's policy to respond expeditiously to claims of copyright and other intellectual property infringement. FMG will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, FMG may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. FMG will terminate access for users who are repeat infringers.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing FMG with Counter-Notification: If you feel that your material does not constitute infringement, you may provide FMG with a counter notification by written communication through our helpdesk. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of legal counsel.

18. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the United Kingdom, applicable to contracts entered into and wholly to be performed within said province. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the UK. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the UK.

19. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES

FMG reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. FMG reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

20. RELATIONSHIP OF PARTIES

You acknowledge and agree that you and FMG are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

21. COMMUNICATIONS WITH USERS

You consent to receive communications from FMG concerning your use of the Products and Services ("Communications"). The Communications may be those that FMG is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that FMG sends to you for other reasons. You consent to receive Communications electronically. FMG may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on FMG. You may change the email address to which FMG sends Communications by visiting your account information page.

In order to receive Required Communications, you must provide FMG, upon registration with FMG, a valid email address to which FMG may send electronic mail.

22. CONTACT INFORMATION

We operate a single route of contact, through our ticket helpdesk. To open a support request, or to communicate with the FMG in a trackable manner, please visit the support link contained in the footer of the website.

 

Last updated: 2 September 2019