| TERMS OF SERVICE |
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1. Acceptance. Welcome to F2Media, for Hosting and eBusiness.
F2Media's products and services (collectively, the "Services") are offered
by F2Media through web pages at the URL http://www.f2media.net/, and pages linked
thereto which display F2Media's branding bars or logos.
Note: 'Virtual Hosting' Customers, Resellers and General Users
of F2Media's Services are bound by these Terms of Service.
'Dedicated Server' and 'Colocation' Customers should refer to their formal written
agreements with F2Media, as applicable, since these Terms of Service are valid
addenda thereto, except where inconsistent with those written agreements. Note
also: if you do not sign and return the formal written agreements to us: (i) within
seven (7) days after receipt of the formal written agreement(s), or (ii) within
seven (7) days after commencing the use of our Services without having notified
us during that seven (7) days about issues on your server(s), whichever is later,
then by your use of our Services you shall be deemed to have accepted those formal
written agreement(s) despite having not signed and returned them to us. |
By accessing F2Media or using any of the Services, you agree, without limitation
or qualification, to be bound by these terms of use and such other additional
terms, conditions, rules and policies which are displayed or to which you may
be directed in connection with any particular Services, as may be modified by
F2Media from time to time (collectively the "terms of use"). F2Media
reserves the right to modify any of these terms of use without prior notice. Your
continued use of F2Media following these changes will constitute your acceptance
of them. If any material modifications to the Terms of Service, are unacceptable
to you, you may terminate your subscription as provided in Section 4.
Since these terms of use contain legal obligations, you should read them carefully,
and since they may be updated from time to time, you should check back periodically.
The most current version of the terms of use can be found at http://www.f2media.net/.
2. Privacy. For information on how user information is collected
and used by F2Media, please consult our Privacy Policy, which forms part of this
agreement.
3. Usage Policy. F2Media does not intend to systematically monitor
the content which is submitted to, stored on or distributed or disseminated by
you via the Services ("Customer Content"). Customer Content includes
the content of your customers and/or users of your website. Accordingly, under
these terms of use, you will be responsible for your customers' content and activities
on your website.
Notwithstanding anything to the contrary contained herein, F2Media may immediately
take corrective action, including removal of all or a portion of the Customer
Content, disconnection or discontinuance of any and all Services, or termination
of this agreement in the event of notice of possible violation of this agreement.
In the event F2Media takes corrective action, F2Media shall not be liable to refund
any fees paid in advance. You hereby agree that F2Media shall have no liability
to you or any of your customers due to any corrective action that may thereby
occur, including without limitation, the disconnection of Services.
You are required to keep your operating systems, security patches, software, and
firewalls fully updated and properly configured.
4. Term, Termination & Cancellation Policy. The initial term
of your agreement with F2Media shall be as set forth in your Order Form (the "Initial
Term"). The Initial Term shall begin upon commencement of the Services in
the Order Form. After the Initial Term, your agreement with F2Media shall automatically
renew for successive terms of equal length as the Initial Term, unless terminated
or cancelled by either party as provided in this section. The Initial Term and
all successive renewal periods shall be referred to, collectively, as the "Term".
This agreement may be terminated: (i) by either party by giving the other party
seventy two (72) hours prior notice (subject to an early cancellation fee as provided
below); and (ii) by F2Media at any time, without prior notice, if, in F2Media's
judgment, you are in violation of any term or condition herein, or in F2Media's
sole judgment, your use of the Services places or is likely to place unreasonable
demands upon F2Media or could disrupt F2Media's business operations.
If you cancel this agreement prior to the end of the Term: (i) you shall be obligated
to pay all fees and charges accrued prior to the effectiveness of such cancellation;
(ii) F2Media shall refund to you all pre-paid fees for basic hosting services
(shared, dedicated and/or managed) for the full months remaining after effectiveness
of cancellation (i.e., no partial month fees shall be refunded), less any setup
fees and any discount applied for prepayment; (iii) you shall be obligated to
pay one hundred percent (100%) of all charges for all Services for each month
remaining in the Term (other than basic hosting fees as provided in (ii) above);
and (iv) F2Media shall have the right to charge you an early cancellation fee
of $25.00.
If F2Media cancels this agreement prior to the end of the Term, F2Media shall
not refund to you any fees paid in advance of such cancellation, and: (i) you
shall be obligated to pay all fees and charges accrued prior to the effectiveness
of such cancellation; (ii) you shall be obligated to pay one hundred percent (100%)
of all charges for all Services for each month remaining in the Term; and (iii)
F2Media shall have the right to charge you an early cancellation fee of $25.00.
Notwithstanding anything to the contrary herein, if for any reason you decide
to cancel your agreement with F2Media within the first thirty (30) days after
placing your initial order, F2Media will issue you a full refund upon request.
5. Billing & Payment. All fees for the Services shall be
in accordance with F2Media's fee schedule then in effect, the terms of which are
incorporated herein by reference, and shall be due at the times provided therein.
Fees for renewal periods after the Initial Term shall be due and owing immediately
upon the first day of such renewal period. F2Media may impose a debt service charge
equal to one and one-half percent (1.5%) of the overdue balance (or such lesser
amount as may be required by law) for each month or fraction thereof the overdue
amount remains unpaid. In addition, in the event that any amount due F2Media remains
unpaid twenty (20) days after such payment is due, F2Media, in its sole discretion,
may immediately terminate this agreement, and/or withhold or suspend Services.
There will be a $50.00 (or the equivalent amount in Canadian dollars) charge to
reinstate accounts that have been suspended or terminated. All taxes, fees and
governmental charges relating to the Services provided hereunder (other than income
taxes of F2Media) shall be paid by you.
You agree that F2Media may pre-charge fees for the Services to the credit card
supplied by you during registration. Returned checks will be assessed a $30.00
charge. Wire transfers will be assessed a $30.00 charge.
Except as may be specifically stated to the contrary in any written agreement
between you and F2Media, you shall be responsible to pay the amount of $0.85 for
each Gigabyte of data traffic you incur in excess of your applicable monthly usage
limit.
6. Special Provisions Applicable to Resellers. F2Media from time
to time may offer reseller programs which will permit you to resell certain of
F2Media's products and services, and be eligible for certain discounts, services
and other promotions. A customer that participates in a reseller program is referred
to herein as a "Reseller". To be eligible to participate in a reseller
program, the Reseller may be required to meet certain requirements as provided
in such reseller program. If you are a Reseller, the terms of use in this section
(in addition to any terms or conditions contained in the reseller program - and
the rest of these Terms of Service) are applicable to you.
When you resell the Services, the purchaser of those resold services becomes your
customer (a "Reseller Customer"). A Reseller Customer is not a Customer
of F2Media, and F2Media will not support any Reseller Customer. Reseller shall
take all necessary measures to preclude F2Media from being made a party to any
agreement with any Reseller Customer. As a Reseller, you are authorized to resell
the Services identified in the applicable reseller program on a non-exclusive
basis. F2Media reserves the right to market and sell its products and services
through its own employees, other resellers and other representatives and retailers
that may compete with you. The terms of use of such other relationships may differ
from the terms of this agreement and the reseller program, and may be better.
Reseller shall be responsible for billing, and collecting payments from, Reseller
Customers. Reseller shall not withhold payments to F2Media under this agreement
because of a failure of a Reseller Customer to make payments to Reseller. Reseller
may set the prices to be paid to it by Reseller Customers for any of the resold
Services. Reseller shall provide all support (including, without limitation, customer
support, first level support, second level support, and other technical support)
for Reseller Customers. Reseller shall pay all sales, use, transfer, privilege,
excise or other taxes and all duties, whether international, state, provincial,
or local, however designated, which are levied or imposed on F2Media and Reseller
under this agreement and any and all transactions between Reseller and Reseller
Customers. Reseller shall not resell the Services under F2Media's brand name.
Reseller shall be solely responsible for compliance with any regulations governing
the export of the Services (or any portion thereof). Nothing in this agreement
constitutes a license to Reseller to use or resell the Marks (as defined below).
7. F2Media as Reseller or Licensor. F2Media is acting only as
a reseller or licensor of the hardware, software and equipment used in connection
with the products and/or Services that were or are manufactured or provided by
a third party ("Non-F2Media Product"). F2Media shall not be responsible
for any changes in the Services that cause the Non-F2Media Product to become obsolete,
require modification or alteration, or otherwise affect the performance of the
Services. Any malfunction or manufacturer's defects of Non-F2Media Product either
sold, licensed or provided by F2Media to you or purchased directly by you used
in connection with the Services will not be deemed a breach of F2Media's obligations
under this agreement. Any rights or remedies you may have regarding the ownership,
licensing, performance or compliance of Non-F2Media Product are limited to those
rights extended to you by the manufacturer of such Non-F2Media Product. You are
entitled to use any Non-F2Media Product supplied by F2Media only in connection
with your permitted use of the Services. You shall use your best efforts to protect
and keep confidential all intellectual property provided by F2Media to you through
any Non-F2Media Product and shall make no attempt to copy, alter, reverse engineer,
or tamper with such intellectual property or to use it other than in connection
with the Services. You shall not resell, transfer, export or re-export any Non-F2Media
Product, or any technical data derived therefrom, in violation of any applicable
United States, Canadian or foreign law
8. IP Address Ownership. If F2Media assigns you an Internet Protocol
address for your use, the right to use that Internet Protocol address shall belong
only to F2Media, and you shall have no right to use that Internet Protocol address
except as permitted by F2Media in its sole discretion in connection with the Services,
during the term of this Agreement. F2Media shall maintain and control ownership
of all Internet Protocol numbers and addresses that may be assigned to you by
F2Media, and F2Media reserves the right to change or remove any and all such Internet
Protocol numbers and addresses, in its sole and absolute discretion.
9. Caching. You expressly: (i) grant to F2Media a license to
cache the entirety of the Customer Content and your web site(s), including content
supplied by third parties, hosted by F2Media under this agreement; and (ii) agree
that such caching is not an infringement of any of your intellectual property
rights or any third party's intellectual property rights.
10. CPU Usage. You agree that you shall not use excessive amounts
of CPU processing on any of F2Media's servers. Any violation of this policy may
result in corrective action by F2Media, including assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of this
agreement, which actions may be taken in F2Media's sole and absolute discretion.
If F2Media takes any corrective action under this section, you shall not be entitled
to a refund of any fees paid in advance prior to such action.
11. Bandwidth & Disk Usage. You agree that bandwidth and
disk usage shall not exceed the number of megabytes per month for the Services
ordered by you on the Order Form (the "Agreed Usage"). F2Media will
monitor your bandwidth and disk usage. F2Media shall have the right to take corrective
action if your bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this agreement, which actions may be
taken in F2Media's sole and absolute discretion. If F2Media takes any corrective
action under this section, you shall not be entitled to a refund of any fees paid
in advance prior to such action.
12. Property Rights. F2Media owns all right, title and interest
in and to the Services' and F2Media's trade names, trademarks, service marks,
inventions, copyrights, trade secrets, patents, know-how and other intellectual
property rights relating to the design, function, marketing, promotion, sale and
provision of the Services and the related hardware, software and systems ("Marks").
Nothing in this Agreement constitutes permission to you to use, license or resell
the Marks.
13. Your Conduct. In consideration of the availability, and your
use, of the Services, you agree, while visiting or using F2Media not to knowingly
or unknowingly:
a. post, transmit, or otherwise distribute any information constituting
or encouraging conduct that would constitute a criminal offense or give rise to
civil liability including without limitation a material misrepresentation or breach
of contract, or otherwise use F2Media or any of the Services in a manner which
is contrary to law;
b. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights
of others, including without limitation, rights relating to privacy and publicity;
c. post, transmit, or otherwise distribute any inappropriate, profane, defamatory,
infringing, confidential, or unlawful material or information;
d. post, transmit, or otherwise distribute any information or software which contains
, replicates, or distributes the data of, a virus, bot, trojan horse, worm or
other harmful or disruptive component; nor allow your machine to be operated as
a so-called "zombie" server;
e. upload, post, publish, transmit, reproduce, or otherwise distribute in any
way, information, software or other material obtained through F2Media or the Service,
or any derivative work thereof, which is protected by copyright, or any other
intellectual property right, without obtaining permission of the copyright owner
or rightholder;
f. impersonate or falsely represent your identity or association with any person,
including a F2Media Person or another F2Media customer; and
g. use, reproduce, sell, re-sell or otherwise exploit F2Media, or any of the Services,
for any commercial purposes not authorized by these terms of use. |
F2Media's Spamming Policy: F2Media has 'zero tolerance' for UBE/UCE (unsolicited
bulk email/unsolicited commercial email). F2Media defines UBE/UCE as unsolicited
broadcast or commercial email that is sent to addresses that do not affirmatively
and verifiably request such material from that specific sender. F2Media's spamming
policy is as follows:
h. F2Media customers, and customers of F2Media customers or
any user of bandwidth and/or services on F2Media's network (herein described as
'users') are prohibited from sending UBE/UCE. Users may be asked to produce records
that verify that explicit affirmative permission was obtained from a recipient
before a mailing was sent. F2Media may consider the lack of such proof of explicit
affirmative permission to be a questionable mailing of UBE/UCE at its sole discretion;
i. F2Media customers are prohibited from maintaining open mail relays on their
servers. Ignorance of the presence or operation of an open mail relay is not and
will not be considered an acceptable excuse for its (the open mail relay) operation.
Multiple infractions of this policy will result in a discontinuation of service;
j. F2Media customers will be notified in the event that they may be hosting sites
listed as violators of the above policy. Again, failure to rectify such situations
may be cause for termination;
k. F2Media customers are prohibited from providing hosting services for websites
that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting
website(s), providing DNS services as well as website redirect services;
l. Valid complaints received by F2Media may lead to immediate termination or suspension
of the Services. F2Media may block traffic without prior notice to and from the
IP address involved in the UBE/UCE complaint until the problem is resolved and
preventative measures have been implemented to prevent the violation from recurring;
and
m. F2Media reserves the right to suspend and/or cancel permanently any and all
services provided to the user without a notification. If your are in violation
of any term or condition of the Usage Policy or your use of the Services disrupts
or, in F2Media's judgment, could disrupt, F2Media's business operations, F2Media
reserves the right to charge a liquidated damages fee of $500, in addition to
and without limitation of any other rights or remedies it may have. |
To report an incidence of abuse, please report it to info@f2media.net.
14. Web Based Communications. To the extent F2Media may offer
webmail or other web based email or communication services (collectively "Webmail"),
these are provided on an "AS IS" basis without representations, warranties
or conditions of any kind, and you acknowledge and agree that F2Media shall have
no responsibility for, or liability in respect of, any aspect of the Webmail services,
including without limitation for any lost or damaged data or any acts or omissions
of F2Media.
The components and any aspects of the Webmail services, including email, information
and other data you store on the Webmail service, may be deleted by F2Media at
any time for any reason or for no reason at all, in F2Media's sole discretion,
with or without notice to you. F2Media shall have no obligation to maintain any
content in your Webmail account or to forward any unread or unsent messages to
you or any third party.
You agree to comply with all applicable laws and the terms of use in using a Webmail
service and are solely responsible for all acts or omissions that occur under
your account or password. In addition to other prohibited conduct described herein,
you may not use the Webmail service to post, transmit or otherwise facilitate
the creation or distribution of chain letters, junk e-mail, spam or any duplicative
or unsolicited messages, surveys, contests or schemes. Further you may not forge
headers or otherwise manipulate any identifiers serving to disguise the origin
of any content transmitted using the Webmail service.
15. Service Modifications. You acknowledge and agree that F2Media
reserves the right at any time to modify or discontinue any of the Services with
or without notice to you, and that F2Media will not be responsible or liable,
directly or indirectly, to you or any other person in any way for any loss or
damage of any kind incurred as a result of, or in connection with, any such modifications
or discontinuance.
16. Your Warranties. You shall be solely responsible for the
development, operation and maintenance of your web site, online store and e-commerce
activities, for all products and services offered by you or appearing online and
for all contents and materials appearing online or on your products, including,
without limitation: (i) the accuracy and appropriateness of the Customer Content
and content and material appearing in its store or on its products; (ii) ensuring
that the Customer Content and content and materials appearing in its store or
on its products do not violate or infringe upon the rights of any person; and
(iii) ensuring that the Customer Content and the content and materials appearing
in its store or on its products are not defamatory or otherwise illegal. You shall
be solely responsible for accepting, processing and filling customer orders and
for handling customer inquiries or complaints. You shall be solely responsible
for the payment or satisfaction of any and all taxes associated with your web
site and online store.
You shall be responsible for the security and confidentiality of any customer
information (including, without limitation, customer credit card numbers) that
you may receive as a result of your web site or online store.
You represent and warrant to F2Media that you own or have the right to use the
Customer Content and material contained therein, including all text, graphics,
sound, music, video, programming, scripts and applets, and that the use, reproduction,
distribution and transmission of the Customer Content and any information and
materials contained therein does not, and will not: (i) infringe or misappropriate
any copyright, patent, trademark, trade secret or any other proprietary right
of a third party; (ii) violate any criminal laws; or (iii) constitute false advertising,
unfair competition, defamation, an invasion of privacy, violate a right of publicity
or violate any other law or regulation. You grant F2Media the right to reproduce,
copy, use and distribute all and any portion of the Customer Content to the extent
needed to provide and operate the Services.
17. Disclaimer of Warranty. You agree to use all Services and
any information obtained through or from F2Media, at your own risk. You acknowledge
and agree that F2Media exercises no control over, and accepts no responsibility
for, the content of the information passing through F2Media's host computers,
network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER
THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF F2Media,
ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY
INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "F2Media
PERSON") MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT F2Media PROVIDES. NO F2Media
PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR
FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF
ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE
SERVICES. F2Media IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE
CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY
OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY F2Media. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY ANY F2Media PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY
ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any
termination of this agreement.
18. Indemnification. You agree to indemnify, defend and hold
harmless F2Media and its parent, subsidiary and affiliated companies, and each
of their respective officers, directors, employees, shareholders and agents (each
an "indemnified party" and, collectively, "indemnified parties")
from and against any and all claims, damages, losses, liabilities, suits, actions,
demands, proceedings (whether legal or administrative), and expenses (including,
but not limited to, reasonable attorney's fees) threatened, asserted, or filed
by a third party against any of the indemnified parties arising out of or relating
to: (i) your use of the Services; (ii) any violation by you of the terms of use;
(iii) any breach of any representation, warranty or covenant of yours contained
in this agreement; or (iv) any acts or omissions of yours. The terms of this section
shall survive any termination of this agreement.
19. Limitation of Liability. You agree that no F2Media Person,
under any circumstances, shall be held responsible or liable for situations where
the Services are accessed by third parties through illegal or illicit means, including
situations where such data is accessed through the exploitation of security gaps,
weaknesses or flaws (whether known or unknown to F2Media at the time) which may
exist in the Services or F2Media's equipment used to provide the Services.
Under no circumstances, including negligence, shall any F2Media Person be liable
for any direct, indirect, incidental, special, consequential or punitive damages,
or loss of profits, revenue, data or use by you, any of your customers, any Reseller
Customer or any other third party, whether in an action in contract or tort or
strict liability or other legal theory, even if F2Media has been advised of the
possibility of such damages. No F2Media Person shall be liable to you, any of
your customers, any Reseller Customer or any other third party, for any loss or
damages that result or are alleged to have resulted from the use of or inability
to use the Services, termination of the Services, alleged inadequacy of customer
support, or that results from mistakes, omissions, interruptions, deletion of
files, loss of data, errors, viruses, bots, worms, defects, delays in operations,
denial of service attack, or transmission or any failure of performance, whether
or not limited to acts of God, communications failure, theft, destruction or unauthorized
access to your records, programs, equipment or services.
Notwithstanding anything to the contrary in this agreement, F2Media's maximum
liability under this agreement for all damages, losses, costs and causes of actions
from any and all claims (whether in contract, tort, including negligence, quasi-contract,
statutory or otherwise) shall not exceed the actual dollar amount paid by you
for the Services which gave rise to such damages, losses and causes of actions.
You understand, acknowledges and agrees that if F2Media takes any corrective action
under this agreement because of an action of you or one of your customers or a
Reseller Customer, that corrective action may adversely affect other customers
of yours or other Reseller Customers, and you agree that F2Media shall have no
liability to you, any of your customers or any Reseller Customer due to such corrective
action by F2Media.
This limitation of liability reflects an informed, voluntary allocation between
the parties of the risks (known and unknown) that may exist in connection with
this agreement. The terms of this section shall survive any termination of this
agreement.
20. Force Majeure. F2Media shall not be liable for failure or
delay in performing it obligations hereunder if such failure or delay is due to
circumstances beyond its reasonable control, including, without limitation, acts
of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike
or other labor disturbance, interruption of or delay in transportation, unavailability
of, interruption or delay in telecommunications or third party services (including
DNS propagation), failure of third party software or hardware or inability to
obtain raw materials, supplies or power used in or equipment needed for provision
of the Services.
21. Governing Law & Arbitration. This agreement shall be
governed by and construed in accordance with California law and controlling U.S.
federal law applicable therein without regard to the conflict of law provisions
thereof. Any controversy, claim or dispute arising out of or relating to these
terms of use, your use of F2Media or Services, or the relationship which results
from these terms of use, including without limitation, the performance, breach,
enforcement, existence or validity of the matters provided for in these terms
of use which cannot be amicably resolved, even if only one of the parties declares
that there is a difference (collectively, a "Claim"), will be referred
to and finally settled (to the exclusion of the courts) by private and confidential
binding arbitration before a single arbitrator held in Los Angeles, California
in English and governed by California law pursuant to the Arbitrations Act (California).
The arbitrator shall be a person who is legally trained and who has experience
in the information technology field in USA and is independent of either party.
Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim, controversy or dispute of any other party.
You agree to waive any right you may have to commence or participate in any class
action against F2Media related to any Claim and, where applicable, you also agree
to opt out of any class proceedings against F2Media. Notwithstanding the foregoing,
F2Media reserves the right to pursue the protection of intellectual property rights
and confidential information through injunctive or other equitable relief through
the courts, and F2Media reserves the right to join you as a party in court proceedings
that F2Media may have to bring against persons who are not a party to this agreement
whether your liability is on a joint or several basis with them.
22. Assignment. You shall not have the right to assign this agreement
without the prior written consent of F2Media. This agreement shall be binding
upon and inure to the benefit of you and F2Media and all successors, administrators,
executors and permitted assigns.
23. Entire Agreement, Severability. This agreement, together
with the Order Form and any other documents or agreements specifically identified
in this agreement, represents the entire agreement between the parties, and supercedes
all previous representations, understandings or agreements. If any provision of
this agreement shall be held to be invalid, unenforceable, or void, the remainder
of this agreement shall remain in full force and effect.
You hereby represent that if you are an individual, you are over 18 years of age,
or if you are a corporation, limited partnership or other legal entity, that you
are duly organized, validly existing and in good standing under the laws of the
jurisdiction of your organization and the individual acting on your behalf is
duly authorized to accept, execute and deliver this agreement.
24.Trademarks. All products, brands and company names and logos
used on F2Media are the trademarks or registered trademarks of their respective
owners. Any use of any of the marks appearing on F2Media without the express written
consent of F2Media or the owner of the mark, as appropriate, is strictly prohibited.
25. Submission of Ideas and/or Suggestions. UNDER NO CIRCUMSTANCES
SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO F2Media
BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION.
BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO F2Media, YOU
ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION
OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO F2Media THAT THE
IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT
NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL
AND THAT F2Media IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE
RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY F2Media, WITHOUT
OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
26. Miscellaneous. This is the entire agreement between F2Media
and you pertaining to your use of the Services and supercedes any prior agreements
between you and F2Media with regard to this subject matter. F2Media's failure
to insist upon or enforce strict performance of any right or provision of this
agreement shall not constitute or be construed as a waiver of any right or provision.
If any of the provisions (or parts thereof) contained herein are determined to
be void, invalid or otherwise unenforceable by a court of competent jurisdiction,
such determination shall not affect the remaining provisions (or parts thereof)
contained herein. All amounts expressed herein are in U.S. dollars, however, F2Media
reserves the right to convert them to Canadian dollar equivalents at prevailing
exchange rates. The parties have required that this agreement and all documents
relating thereto be drawn up in English. Les parties ont demande que cette convention
ainsi que tous les documents que s'y rattachent soient rediges en anglais.
By submitting the service order you agree to and confirm that you have read our
Terms of Service. |
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