Last Updated: October 31, 2014
By using the Text Your Wish website and by submitting content for use on the Text Your Wish website, you hereby agree to the following:
1. BINDING EFFECT
The Service provided by the Site is on an "AS IS" and "AS AVAILABLE" basis and Company reserves the right to modify, alter, change, suspend or discontinue the Service, in its sole discretion, at any time and without notice. YOU AGREE THAT COMPANY AND SITE ARE NOT AND WILL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
4. USE OF SOFTWARE
Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. Company or its licensors owns all trademarks and logos and you may not copy or use them in any manner. You hereby agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company hereby reserves the right to revoke these exceptions either generally or in specific cases.
5. USE OF SITE
You acknowledge and agree that the operation of the Site may occasionally encounter technical or other problems and/or on occasion may not necessarily continue uninterrupted or without technical or other errors. Company shall not be responsible to you or others for any interruptions, errors or problems or even for an outright discontinuance of the Site or Service. There are no assurances whatsoever that any of the User Content (as set out below), in part or in whole, will actually be used on the Site, or if used, will continue to be available for any particular time. You acknowledge that you are solely responsible for all content you submit and/or upload to the Site. You are solely responsible for maintaining any and all original materials as well as any and all back-up copies of all User Content, in part or in whole. Company makes no guarantee or representation that they will, nor shall they be held accountable to, store, host, and maintain any and all User Content.
6. USER CONTENT
By posting, uploading, displaying, performing, transmitting, or otherwise distributing any and all information or other content, including, but not limited to, your name/alias, username, pictures and images, videos, texts, artwork, songs, lyrics, storylines, crafts, blog posts, contest submission material(s), and writings (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, agents and representatives, subsidiaries, licensees, partners, and sponsors a license to use such User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, agents and representatives, subsidiaries, licensees, partners, and sponsors. Such license shall be subject to the following:
b. Term: The license granted to Company shall be perpetual and shall only be terminated by removal of all User Content uploaded and/or shared on the Site, as set out in paragraph 7 below.
c. Ownership: At all times, it is acknowledged and agreed that you shall retain all right, title and interest in and to your User Content, subject to any licenses, sales, grants, or guarantees. Additionally, you hereby acknowledge and agree that you do NOT have any right, title, or interest in any other materials with which your User Content may be combined into, incorporated in, or used in connection with, in part or in whole, including but not limited to any promotional or advertising campaigns.
d. Formatting: For clarity, Company and Company’s affiliates, licensees, assigns, subsidiaries, partners, and sponsors have the right, without notification, to resize, reformat, or adapt to fit various platforms the User Content uploaded.
e. Limitation: Company shall be required to obtain consent from you before making any commercial agreement with any other party to separately license, purchase, re-publish or re-sell or otherwise use for commercial purposes any User Content you submit to the Site. Company will contact you in writing should any commercial opportunities arise for you from exposure for your work on the Site.
f. Payment: Unless otherwise agreed upon by you and by Company, the license granted to Company under this agreement is royalty-free. You will not be compensated in any manner for any User Content used for non-commercial or promotional purposes.
7. TERMINATION/REMOVAL OF USER CONTENT
Any and all licenses granted to Company shall be granted in perpetuity and shall only be terminated by your deleting and removing all User Content uploaded and/or shared on the Site, and by your requesting such User Content be removed from the site (“Termination”). To complete Termination, User must contact Company and request in writing the specified User Content be taken down. Notwithstanding the foregoing, if any User Content has been used in any promotional or advertising campaigns by Company, upon notice of Termination, Company shall have thirty (30) days to continue using such User Content in the promotional or advertising campaign, and after said thirty (30) days, Company shall no longer be entitled to use such User Content. Additionally, if any User Content has been sold to, licensed to, purchased by, or granted to any third party, Termination shall not affect such third party’s right to use the User Content. You acknowledge and agree that while Company will work with User to remove such User Content as soon as possible, removal of any User Content on certain portions of the Site may be subject to any and all licenses, sublicenses, contracts, and agreements with third parties, as well as subject to any print or digital program or similar commercial efforts within the Company’s family of websites.
8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of Company as well as other users. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree to not upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “IP Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any IP Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any IP Content does not violate any laws or third party rights rests solely with you. You hereby agree to not collect, store, or harvest any personally identifiable information, including but not limited to account names or user profile images, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You also agree to not solicit, for commercial purposes, any other users of the Site with respect to their User Content.
9. COMPANY INTELLECTUAL PROPERTY
The content on the Site and Company’s affiliated websites and series, including, without limitation, the text, software, scripts, graphics, photos, videos, sounds, songs, music, posts, essays, tips and tools, articles, and interactive features ("Company Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Company subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content and/or Marks hosted and displayed on Site are provided AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights not expressly granted in and to the Websites and the Company Content therein. For the purposes of clarity, you hereby acknowledge, affirm, and agree that without prior written consent and agreement: you have no authorized right in any way to use, submit, host, display, or exhibit, in any media now known or hereafter devised, including on any third party website, any Company Content and/or Marks; by using the Site and/or Service you are not a licensee or affiliate of Company and thus not entitled to use, exhibit, display, broadcast, transmit, or submit any Company Content and/or Marks, nor falsely claim you are an affiliate or have a business relationship with Company; and that violation of the above shall be considered an unauthorized use of Company Content and/or Marks. You shall be solely liable and responsible for any such unauthorized use of any Company Content and Marks, and shall be fully persecuted to the fullest extent of the law for any such unauthorized use.
10. INAPPROPRIATE CONTENT
You agree not to interfere with or otherwise disrupt, or attempt to interfere with or otherwise disrupt, the running of the Site, the Service, or any of the Site’s servers and/or networks used in connection with the Service. You agree to obey any and all requirements, procedures, policies, rules or regulations of the Site and any and all other networks used in connection with the Service. You agree that you shall not provide any information to Company that is false or misleading, that hides or attempts to hide your identity, or that you do not have the right and/or authority to disclose.
12. COPYRIGHT INFRINGEMENT
Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent, at the following address:
Find Me I’m Yours Interactive, LP
11271 Ventura Blvd., #324
Studio City, CA 91604
Maxine at FMIYInteractive dot com
13. ALLEGED VIOLATIONS
14. THIRD PARTY SERVICES
Third parties other than Company may operate stores, provide services, or sell product lines, which are linked to and/or displayed in connection with the Site. If applicable, Company may provide links to the sites of affiliated companies and certain other businesses. Company is not responsible for examining or evaluating the products, services, or third party companies, and does not warrant or guarantee the offerings of any of these businesses or individuals or the content of their websites. Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. For clarity, Company does not, unless expressly stated otherwise, endorse any advice or opinion of third parties, and the opinion and beliefs of third parties are not necessarily that of Company.
15. USER WARRANTIES
As a user of the Site, you hereby represent and warrant the following:
i. You have the full right, power, authority, and capacity to enter into the Agreement. You have obtained all necessary third party consents and permissions, if any, to upload and share any User Content.
ii. Any and all information provided by you to Company is correct, complete, and true.
iii. Any User Content uploaded does not currently contain, nor will it contain in the future, at any time, any detrimental virus, bug, glitch, malware, spyware, or software that may negatively effect and/or interfere with the Site, or any Company or third party systems, data, or networks.
iv. Any and all User Content does not currently nor will in the future, at any time, violate any law, statute, ordinance, or regulation, whether state or federal.
16. NO COMPANY WARRANTIES
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
17. LIMITED LIABILITY
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. COMPANY DOES NOT NOW AND SHALL NOT IN THE FUTURE HAVE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF YOUR INTELLECTUAL PROPERTY RIGHTS, IF ANY, WITH RESPECT TO ANY SUBMISSION OF USER CONTENT. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
18. THIRD PARTY SITES
19. PROHIBITED USES
Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
21. COPYRIGHT AND TRADEMARKS
All contents of this or any of the Find Me I’m Yours storyverse of Sites or Services are: Copyright © 2014 Schmillionares Un-LTD, LP, 11271 Ventura Blvd., #324, Studio City, CA 91604. All rights reserved. The copyright and trademarks for Text Your Wish are owned by Schmillionares Un-LTD, LP. 2014. All rights reserved.
22. GOVERNING LAW
23. SEVERABILITY AND WAIVER
24. NO LICENSE
Nothing contained on this Site should be understood as granting you a license to use any of the intellectual property, copyrights, trademarks, service marks, or logos owned by Company or by any third party.
25. CALIFORNIA USE ONLY
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access to are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
27. ENTIRE AGREEMENT
Last Updated: October 31, 2014
3. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY
4. PERSONAL INFORMATION WE MAY COLLECT
We may ask you for certain information referred to on this Site as “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, email address, telephone number, etc. You may be required to provide personal information to access or use certain parts of our Site or features of the Site. If you do not provide the requested personal information, you may not be able to access or use the features of the Site where such information is requested.
5. GENERAL INFORMATION WE MAY COLLECT
There may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include your Internet Protocol (“IP”) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. Such general information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access the Site, whether or not you provide us with any personal information.
5.1. Click Stream Data. When you visit our Site we may also collect “click stream data” (server address, domain name). This information can be combined with information you have provided to us, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our Site, to determine which features of our Site are most or least effective or useful to you.
6. GENERAL INFORMATION ABOUT YOU
We will primarily use the personal information you provide and any general information we receive from you to provide products and services to you, including, but not limited to, the following:
A. To administer a content promotion survey and provide you with the relevant products or services (for example, to deliver a prize you may have won in a contest);
B. To send you information or materials via email about products, offers, and news we think might interest you. This information may relate to products, offers, updates, and news regarding Company or its licensees or selected commercial partners. We send you this only if you have opted in to receive emails from Company. If you no longer wish to receive any emails from us, or if you want to modify your personal data or want your personal data to be deleted from our database, see Section 11;
C. To analyze visits to the Site and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve our content, products, and services and deliver to you the type of content, features and promotions that you are most interested in.
7. PROTECTION OF PERSONAL AND GENERAL INFORMATION
In order to protect both the personal information and the general information that we receive from you through our Site, we have implemented various security measures. Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While Company strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using our Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this Site and that any personal information, general information, or other data or information received from you through the Site is provided to us at your own risk, which you expressly assume. For the purposes of clarity, you agree that you assume the risk of publishing and providing any and all information on our Site, including, but not limited to, on a profile, forum, message board, chat room, public apology, text, personal blog, comments, or group posting area.
8. SITE NOT INTENDED FOR CHILDREN/PERSONS UNDER 13
9. THIRD PARTY ACCESS TO YOUR INFORMATION
Company will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this policy.
10. DELETING OR MODIFYING PERSONAL INFORMATION
At any time, you may cancel your registration to the Site or opt out of receiving any emails from Company. Additionally, you can choose to have all your personal information deleted from our database. To update or otherwise modify your personal information on the Site, log in and edit the details of your user account. If you want to have your registration and user profile fully deleted from the Site, please send us a request, in writing (either via email to CustomerService at FMIYInteractive dot com or other written communication), and we will respond to your request accordingly. You may unsubscribe from email mailing list at any time by clicking on “Unsubscribe” and following any additional directions to complete this action. If you need assistance with deleting or modifying your personal information, please send us an email to CustomerService at FMIYInteractive dot com. We encourage you promptly to update your personal information when it changes.
11. WEBSITE USERS FROM OUTSIDE THE UNITED STATES
This Site is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. We make no representation that this Site is governed by or operated in accordance with the laws of other nations. By using the Site and submitting any personal information, visitors from outside of the United States acknowledge that our Site is subject to the laws of the United States, consent to the transfer of personal data to the United States, and waive any and all claims that may arise under their own national laws.
12. OTHER INFORMATION
13. QUESTIONS OR COMMENTS