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FoFoFiggily.com Terms of Use

(Effective Date: July 15, 2010)

1. Acceptance of Terms of Service

FoFoFiggily.com (sometimes referred to herein as, the “Website” or “FoFoFiggily.com”) is owned and operated by F3, LLC (“F3”). FoFoFiggily.com is provided free of charge to you (unless otherwise indicated) by F3; however you will need to register as a FoFoFiggily.com member if you wish to participate in certain features made available through FoFoFiggily.com, most notably, Fo Fo Figgily’s virtual world. If you register to become a FoFoFiggily.com member, these Terms of Service will govern your use of the FoFoFiggily.com website, and all content, services, products, and features provided in connection with FoFoFiggily.com. BY USING THE SITE AND ITS FEATURES, AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE SUBMIT OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. F3 shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter FoFoFiggily.com.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITE.

F3 may modify the Terms of Service from time to time in its sole discretion. The Terms of Service will be available through links placed throughout FoFoFiggily.com.   Please check the Terms of Service from time to time before accessing FoFoFiggily.com features to determine whether a change has been made to these Terms of Service. You can tell when we last updated the Terms of Service by checking the “Effective Date” of the most recent version of the Terms of Service. This will allow you to determine whether the terms of service has been revised since your previous visit to the FoFoFiggily.com site. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to cancel your FoFoFiggily.com membership immediately by: (i) notifying F3 that you are canceling your membership (to cancel your membership, email support fofofiggily@gmail.com and (ii) discontinuing your use of FoFoFiggily.com. Your continued use of FoFoFiggily.com following any changes to these Terms of Service will signify your acceptance of any such changes.

From time to time F3 may supplement these Terms of Service with additional terms pertaining to specific content, services, products and features (“Additional Terms”), which Additional Terms may be placed on FoFoFiggily.com to be viewed in connection with the specific content, services, products or features and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of FoFoFiggily.com, including but not limited to any content, services, products, or features made available on or through FoFoFiggily.com is hereby expressly prohibited.

2. Registration Information/Privacy Policy

When you sign up to become a FoFoFiggily.com member, you will be required to provide the following information: your first name, last name, e-mail address, zip code, country, birth date, nickname and password.

Any information provided by you or gathered by F3 or third parties during any visit to FoFoFiggily.com will be subject to the terms of FoFoFiggily.com’ Privacy Policy, which are incorporated herein by reference. Click here if you wish to read FoFoFiggily.com’ Privacy Policy. F3 reserves the right to offer services and products (from either F3 or third parties) to you based on any preferences that you identify from time to time, and in accordance with the terms of the FoFoFiggily.com Privacy Policy,.

F3 reserves the right to remove you from FoFoFiggily.com or to suspend or terminate your access to any specific content, services, products or features if F3 learns that you have provided false or misleading registration information.

3. Access by Minors

FoFoFiggily.com is intended for visitors of all ages. Please read our Message to Parents for further information concerning FoFoFiggily.com. In compliance with the Children’s Online Privacy Protection Act (COPPA), any visitor under the age of 13 who wishes to register with the site and provide any personal information must first have their parent or guardian send written consent for their participation.

4. Parental Control Protections

Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at America Links Up http://www.netparents.org.

5. Suspension/Termination

F3 reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service, and/or (ii) your FoFoFiggily.com membership and/or any other content, services, products and/or features provided to you by F3.

6. Modifications of FoFoFiggily.com

F3 may modify or discontinue FoFoFiggily.com, or any portion thereof or any content, services, products or features related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

7. FoFoFiggily.com Message Boards

FoFoFiggily.com does not monitor any information members create within their password protected environments including chats, journals or posting of pictures.

Do not post or use FoFoFiggily.com to distribute, send or link to any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Comply with all applicable local, state, federal or international laws or regulations in your use of FoFoFiggily.com, and any content, features, products and/or services made available through FoFoFiggily.com.

8. Community Rules

There are rules that you must follow when you visit FoFoFiggily.com. Please take time to read and understand these rules.  While we seek to monitor FoFoFiggily.com, we cannot discover everything that occurs on the website. Please help us by reporting to us any inappropriate conduct by other FoFoFiggily.com’ members.

F3 reserves the right to terminate your membership and/or remove you from FoFoFiggily.com and the FoFoFiggily.com community as described in Section 18 below if it becomes aware and determines, in its sole discretion, that you are violating any of the following FoFoFiggily.com’ community rules. In addition to the community rules, the following rules apply wherever you are located on FoFoFiggily.com:

FoFoFiggily.com is intended for your personal use only. Commercial uses of FoFoFiggily.com are strictly prohibited unless prior written consent from F3 has been granted. You agree that you will not use FoFoFiggily.com for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

Do not impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of F3.

We do not allow pornographic, racist, hateful or otherwise inappropriate usernames. We reserve the right to determine what is considered an inappropriate username.

Do not post or use FoFoFiggily.com to distribute, send or link to any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

Comply with all applicable local, state, federal or international laws or regulations in your use of FoFoFiggily.com, and any content, features, products and/or services made available through FoFoFiggily.com.

8. Rights in Content

You acknowledge that: (i) F3 permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”), (ii) these Rights are valid and protected in all media and technologies existing now or later developed, and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may access, display, view, store and reproduce content made available on FoFoFiggily.com strictly for your personal use. You may not submit material to FoFoFiggily.com reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any F3 or third party Rights except as set forth above. The burden of determining that any information, software, images or any other content on the FoFoFiggily.com is not protected by Rights rests with you. You acknowledge that F3 may acquire Rights to use any posted materials as described below, and that you will not acquire any Rights simply by downloading F3 or third party content made available on FoFoFiggily.com.

By submitting content to FoFoFiggily.com, including but not limited to any text, images, artwork and other creative works submitted by you, and information provided in connection with your use of shout out boards, requests for advice, games, quizzes, contests and other features or services, you grant F3 a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content, with the right to sublicense the above rights through multiple tiers of sublicensees. If you are not the creator of such content, you also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any registered FoFoFiggily.com member to access, display, view, store and reproduce such content for personal use.

9. Rules for Sweepstakes, Contests and Games.

Any sweepstakes, contests or games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity.

10. Third-Party Services

As described in the shopping areas, you may order services or merchandise through FoFoFiggily.com from third parties not affiliated with FoFoFiggily.com (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. F3 makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider F3, and F3 be construed, as a party to such transactions, whether or not F3 may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

F3 may include special routing icons which may be located within the FoFoFiggily.com community, the activation of which will allow you to access and learn more about F3 and other services provided by F3 whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

11. Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify F3 of any unauthorized use of your password.

12. Notification of Possible Copyright Infringement

In the event you believe that material or content published on FoFoFiggily.com may infringe on your copyright or that of another, please follow the procedures outlined in our Copyright Notice.

13. Disclaimer of Warranties

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF FOFOFIGGILY.COM, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, FEATURES, AND TOOLS USED AND/OR PRODUCTS OR SERVICES PURCHASED THROUGH FOFOFIGGILY.COM, IS AT YOUR SOLE RISK. FOFOFIGGILY.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. F3 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.

F3 MAKES NO WARRANTY THAT FOFOFIGGILY.COM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO OR USE OF FOFOFIGGILY.COM, INCLUDING BUT NOT LIMITED TO, YOUR TRANSMISSION OF MESSAGES THROUGH MESSAGING TOOLS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT THE SERVERS ON WHICH FOFOFIGGILY.COM. IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES F3 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FOFOFIGGILY.COM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, F3 WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF FOFOFIGGILY.COM.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF FOFOFIGGILY.COM IS 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 MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT F3 DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED BY F3 OR OTHER FOFOFIGGILY.COM MEMBERS IN CONNECTION WITH FOFOFIGGILY.COM. F3 IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER F3, FOFOFIGGILY.COM NOR FOFOFIGGILY.COM’S MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE FOFOFIGGILY.COM COMMUNITY, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. F3 ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

F3 SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON FOFOFIGGILY.COM, ITS CONTENT, SERVICES, PRODUCTS OR FEATURES. YOUR PARTICIPATION IN THE FOFOFIGGILY.COM COMMUNITY IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM F3 OR THROUGH FOFOFIGGILY.COM, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

F3 MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, PRODUCTS, FEATURES, EVENTS, CONTENT OR TOOLS USED OR PRODUCTS OR SERVICES PURCHASED OR OBTAINED, THROUGH FOFOFIGGILY.COM OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH FOFOFIGGILY.COM.

IF F3 AND/OR THIRD PARTIES SEND E-MAIL MESSAGES TO YOU CONTAINING ADVERTISEMENTS AND PROMOTIONS, ETC., F3 MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT OF ANY SUCH E-MAIL MESSAGES OR ANY GOODS OR SERVICES WHICH MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT NEITHER F3 NOR SUCH THIRD PARTY SHALL HAVE ANY LIABILITY WITH RESPECT THERETO. BY PERMITTING ADVERTISING ON FOFOFIGGILY.COM, F3 MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENTS, AND F3 SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO SUCH ADVERTISEMENTS.

F3 IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE FOFOFIGGILY.COM. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH F3 MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST F3 WITH RESPECT TO SUCH SITES.

14. Limitation of Liability

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, F3 SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE FOFOFIGGILY.COM COMMUNITY OR THE FOFOFIGGILY.COM WEBSITE, OR RESULTING FROM ANY PRODUCTS, SERVICES, FEATURES, EVENTS, AND/OR CONTENT USED, PURCHASED OR OBTAINED, OR MESSAGES SENT OR RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH FOFOFIGGILY.COM, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF F3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SUCH LIMITATIONS DO NOT APPLY TO YOU, IN NO EVENT WILL F3?S LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF SERVICE EXCEED THE AMOUNT YOU HAVE PAID F3 TO ACCESS THE FOFOFIGGILY.COM SITE OR TO USE SPECIFIC CONTENT, PRODUCTS, SERVICES OR FEATURES MADE AVAILABLE BY F3 ON FOFOFIGGILY.COM.

15. Storage of Email Messages

F3 assumes no responsibility for the deletion of or failure to store email messages.

16. Indemnification

You agree to indemnify and hold each of F3, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claims, demands, damages, losses, costs including reasonable attorneys’ fees, or other expenses due to or arising directly or indirectly out of your use of FoFoFiggily.com, the violation of these Terms of Service by you, or the infringement or violation by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.

17. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions. By registering for or accessing FoFoFiggily.com, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the County of Los Angeles in the State of California.

18. Remedies for Breach of These Terms by You

In the event that F3 determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for FoFoFiggily.com, F3 reserves the right to (i) warn you via email (to any email address you have provided to F3) that you have violated these Terms of Service; (ii) delete any or all content provided by you to FoFoFiggily.com; (iii) discontinue your registration(s) with FoFoFiggily.com and/or any other F3 community; (iv) discontinue your subscription to any product, feature, event, content, tool or service purchased through FoFoFiggily.com; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which F3 deems to be appropriate.

If your registration(s) with or ability to access the FoFoFiggily.com, the FoFoFiggily.com any other F3 website and/or any other service, product, content, feature, event or tool provided to you by F3 is discontinued by F3 due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for FoFoFiggily.com, then you agree that you shall not attempt to re-register with or access any website controlled, owned or operated by F3 and/or any other service, product, content, feature, event or tool provided by F3, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those services, products, content, features, events and/or tools to which your access has been terminated. In the event that you violate the immediately preceding sentence, F3 reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.

19. Notice for California Users.

Under California Civil Code Section 1789.3, California users of FoFoFiggily.com are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210

20. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

F3 may assign its rights and obligations under these Terms of Service and upon such assignment F3 may be relieved of any further obligation hereunder.

These Terms of Service and any Additional Terms posted on FoFoFiggily.com by F3 constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of F3, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.

F3 reserves the right to terminate free access to FoFoFiggily.com or any other website controlled, owned or operated by F3, including any or all content, services, products, features, events, courses or tools, with or without notice to you. F3 reserves the right (at F3?s sole discretion) to provide you with notice of such change by prominently posting a notice on FoFoFiggily.com and/or sending written notice to you at any e-mail and/or post office address you have provided to F3. Once free access is terminated, F3 may charge each subscriber any applicable fee, surcharge and/or membership fee for access to FoFoFiggily.com and/or any for-pay services, products, content, features, events or tools made available through FoFoFiggily.com.


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