Terms of Use & Privacy Policy
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TERMS OF USE
Last Updated: October 31, 2014
These terms of use (“Terms of Use,” or “Agreement”) apply to all users of the Text Your Wish website, including, but not limited to, users who are also contributors of video content, audio content, photographs, images, texts, and/or written materials or services for the Find Me I’m Yours Interactive, LP family of websites, series and content. Text Your Wish website accepts the submission of various content, including user generated videos, images, captions, texts, personal anecdotes, songs, lyrics, essays, comments, and other communications submitted by users. Subject to the terms and conditions below, Company has the right, but not the obligation, to host, post, share, transmit, broadcast, license, and/or publish such submissions of content.
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
This is a binding agreement between you the website user (“User,” or “you”) and Find Me I’m Yours Interactive, LP, as through its Text Your Wish website (collectively, (“Company,” “us,” “our,” or “we”). By using the Text Your Wish website located at www.textyourwish.com (“Site”) or any services provided in connection with the Site (collectively and individually, the “Service”), you agree to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion. Company will either post a notice on this Site or send an email message to registered users of the Company’s family of sites, which includes this Site, any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT OR HAVE THE EXPRESS CONSENT OF YOUR PARENT OR LEGAL GUARDIAN TO ENTER INTO THIS AGREEMENT.
2. AVAILABILITY
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.
3. PRIVACY POLICY
Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found on company’s website (see below, "PRIVACY POLICY.") Company’s Privacy Policy is expressly incorporated into this Agreement by this reference. In order to interactively use (i.e. upload and add content to) the Site and/or Service, you are required to register and create an account. You must complete the registration process by providing all of the complete and accurate information requested on the registration form. You will also be asked to provide and/or create a user name and password. You are solely and entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use or suspected unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
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:
a. Scope: You hereby grant Company and its affiliates, licensees, assigns, subsidiaries, partners, and sponsors a non-exclusive, irrevocable, royalty-free license, throughout the universe, during the Term (as set out below), to use the materials you submit and/or post to the Site or Service, for non-commercial and promotional purposes only. You hereby agree and acknowledge that you grant Company the right to stream, transmit, publish, reproduce, host, post, distribute, exploit, display, encode, electronically transmit, license, sublicense, and perform any and all User Content, in whole or in part, in any and all media now known or hereafter devised, including but not limited to, on Company affiliated websites, broadcast media, cable or set-top boxes delivery systems, apps, electronic billboards, web series, blogs, vlogs, on personal devices, in print and electronic form and in or on any related outlets for any advertising and promotion related thereto. User Content is subject to approval prior to being made “live” on the Site. Company reserves the right to deny approval to any user content, without explanation, for any reason Company deems appropriate or for no reason at all. Company does not deem a specific time frame to publish user content, and does not guarantee or represent that any uploaded and published content shall be visible and “live” on the Site in any specified time frame. For the purposes of clarity, you hereby acknowledge and confirm that you have the written consent, release, and/or permission of each and every identifiable individual person included in any such User Content to use the name or likeness of each and every such identifiable individual person or animal to enable inclusion and use of User Content in the manner contemplated by the Site and these Terms of Use. You acknowledge and agree that included in the aforementioned license and grant of rights, you also grant Company the right to use your name(s) (personal and/or professional), image (including photographs and still images), voice, likeness, and any biographical data and materials in connection with the distribution, exploitation, exhibition, promotion, advertising, marketing, and display of any User Content. For clarity, you do not retain any right of approval over use and display of any such uploaded or submitted User Content.
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 shall not make the following types of Content available: You agree to not upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, racist, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. It is your responsibility, not Company’s, to know, understand and abide by this code of conduct. By accessing and using Site, you also agree that you will not publish, post, upload, transmit, distribute or disseminate content that is abusive, vulgar, harassing, sexually explicit, sexually provocative, pornographic, defamatory, derogatory, libelous or slanderous, obscene, infringing, invasive of another's right of privacy or publicity (including distributing personal information if he or she has not made such information public on the host site (if applicable), prejudicial (including, but not limited to, racist, homophobic, bigoted, or sexist), or otherwise offensive or objectionable; make any threats or threatening remarks including, but not limited to, threats directed at minors, threats against another individual or their family, threats of violence and bodily harm, threats of financial loss and/or blackmailing, and other such remarks as deemed threatening solely at our discretion and in our opinion; and promote, encourage, or otherwise advocate the use of illegal drugs and substances. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
11. CONDUCT
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:
Maxine Lapiduss
Find Me I’m Yours Interactive, LP
11271 Ventura Blvd., #324
Studio City, CA 91604
(818) 509-7792
Maxine at FMIYInteractive dot com
13. ALLEGED VIOLATIONS
Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
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
Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, articles, images, videos, series, or websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
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.
20. INDEMNITY
You hereby agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, partners, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
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
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. In the event of any dispute arising out of or in connection with this agreement or out of use of the Site or Service, such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, USA in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under United States federal law or the laws of the State of California, USA, or any other state or country to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this agreement, all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of this agreement, and shall be final and binding. Each party shall bear its own costs of arbitration and attorneys’ fees. Each party expressly waives any right to a jury trial. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this agreement or any other agreement between the parties, you hereby acknowledge and agree that your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this paragraph, and in no event will shall you be entitled to seek rescission, or injunctive or other equitable relief whatsoever. For any dispute arising out of or in connection with this agreement, or out of use of the Site or Service that is not subject to arbitration, shall be submitted to the United States federal courts and the California state courts located in Los Angeles, California, USA. You hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and thus hereby irrevocably waive all rights to claim, punitive, incidental or consequential damages.
23. SEVERABILITY AND WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
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.
26. MODIFICATIONS
Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
27. ENTIRE AGREEMENT
This agreement constitutes the entire agreement and your complete understanding of the terms of use for use of the Site. All prior or contemporaneous promises, understandings and agreements, oral or written, are merged into and included in this written agreement. If a conflict of terms should arise, the terms of this Terms of Use shall take priority and shall control.
28. ACKNOWLEDGEMENT
BY USING THE SERVICE OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
PRIVACY POLICY
Last Updated: October 31, 2014
Find Me I’m Yours Interactive, LP (“Company,” “us,” “our,” or “we”) respects the privacy of our visitors to the Text Your Wish website, located at www.TextYourWish.com (“Site”). This privacy policy (“Privacy Policy” or “Policy”) is an agreement between the Company and you, the user of the Site (“User” or “you”). This agreement tells you when this Policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this policy, and the steps we take to ensure that your personal information is protected.
Company provides all of our content and related services for your personal, non-commercial use only, which is subject to your adherence and compliance with both this Privacy Policy and Company Terms of Use Agreement. Please read this Policy carefully before using the Site. Your use of the Site shall constitute your acceptance to be bound by this Policy without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Policy, you must immediately discontinue use of the Site. This Policy sets forth Company’s policies with respect to its operation of the Site. Certain products or services offered on or by our Site may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. Before using those areas or Company’s Services, you must agree to the Additional Terms, and the Additional Terms and this Privacy Policy shall have equal force and effect. In the event of a material and substantial inconsistency between the Additional Terms and this Policy, the Additional Terms shall control.
YOU MAY NOT USE THIS WEBSITE OR CONTENT FOR ANY UNLAWFUL PURPOSE OR FOR ANY PURPOSE PROHIBITED BY THIS PRIVACY POLICY AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO OUR WEBSITE MAY BE TERMINATED IMMEDIATELY WITHOUT NOTICE, AT COMPANY’S SOLE DISCRETION, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS POLICY AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON DETERMINED APPLICABLE OR JUST BY COMPANY, FOR NO REASON.
Company is the owner of thirty-three (33) websites in the Find Me I’m Yours Interactive, LP, Universe, in connection with the interactive e-book, Find Me I’m Yours. Company retains all ownership rights to the content, including but not limited to any and all trademarks and copyrights, as well as any information collected on our Site. Company hereby reserves the right to change, modify, add, remove or alter any and all sections or provisions of this Privacy Policy at any time. Any change to this Privacy Policy shall be posted here, and we encourage you to check back from time to time to review.
1. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE
All activities in which you may engage in while on the Site are voluntary. You are not required to provide any personal information to us, unless you choose to access features on this Site that require such information. If you do not agree with the terms of this policy or other Terms of Use on this Site, then you must immediately exit from and discontinue using the Site. If you do not agree with the terms of our Privacy Policy and our Terms of Use, please do not provide us with any personal information, and immediately leave this Site. The Terms of Use of this Site are expressly incorporated herein by reference and made a part of this Policy.
2. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY
This privacy policy is effective as of October 31, 2014, and will remain in effect in perpetuity, except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the Site or we otherwise notify you of the changes. We reserve the right to change this Privacy Policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting to the Site. You should check this Policy periodically as its terms may change from time to time. Your continued use of the Site after we post any such modifications will constitute your acknowledgment of the modified Policy, as well as your agreement to abide and be bound by the modified Policy. We will also revise the “last updated” date found at the beginning of this Privacy Policy when we post changes to it.
3. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY
This Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online Privacy Policy only applies to information collected through this Site. This Privacy Policy shall only apply to any information we may collect from you on this Site, and does not apply to any information we may collect from you in any place other than on this Site.
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.
5.2. Cookies. We may also use cookies to gather information about your visits to the Site and enhance your experience. A cookie is a small string of information that the Site you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Site and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your user name and password. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Mozilla, Firefox, Internet Explorer, etc.). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the Site you visit and you may lose access to some of its features. We use cookies only to gather information as indicated in this Policy. In addition, the Site may also set a “session cookie,” which helps us administer the Site. The session cookie expires when you exit out of your browser and will not retain any information after expiration. Additionally, we may also use an ad network provider to help present advertisements on this site. This ad network provider may use cookies, web beacons, or similar technologies on the hard drive of your computer to provide advertisements tailored to interests you have shown through your browsing history, and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, and shall not be governed or controlled by this Policy.
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
THIS SITE IS NOT DESIGNED TO BE A CHILDREN’S SITE, OR A SITE DIRECTED TOWARD CHILDREN. COMPANY INTENDS ONLY PERSONS WHO ARE 13 YEARS OR OLDER TO USE THIS WEBSITE. PERSONAL REGISTRATION INFORMATION SUBMITTED BY A PERSON UNDER THE AGE OF 13 WILL NOT BE ACCEPTED. ANY GENERAL INFORMATION PROVIDED BY A PERSON UNDER THE AGE OF 13 AND GATHERED (FOR EXAMPLE, THROUGH THE USE OF COOKIES) DURING HIS OR HER VISIT MAY BE USED AS INDICATED IN THIS POLICY (SEE SECTION 5). Company is committed to protecting the privacy of children. We encourage parents and guardians of children to regularly check and monitor their children’s use of email and other activities online. Some of the content hosted on the Site may involve certain topics that may not be appropriate for children. Company requires anyone under the age of under the age of 18 to obtain their parent or legal guardian’s permission before registering for the site. You agree not to aid anyone in avoiding or circumventing of these Terms of Use.
9. THIRD PARTY ACCESS TO YOUR INFORMATION
Other than to the companies belonging to Company, or any company that is a partner, associate, subsidiary, or affiliate of Company, and except as set forth and described in this policy, we do not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “service partners”). Our service partners may use your personal information to operate our sites and to deliver their services. For example, your data may be transferred to website hosting partners and other parties who assist us in designing and operating the website, executing services (such as for prize fulfillment), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control. For your convenience and to improve the usage of the website we may insert links to third parties on this site. This Privacy Policy does not apply to such third party websites. These links take you outside our service and off Company’s sites and are beyond Company’s control. This includes links from partners that may use Company’s logo(s) as part of a co-branding agreement. The sites those links can take you to have their own separate Privacy Policies and although we seek to protect the integrity of our site, Company is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk.
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
This Privacy Policy, as well as any applicable Additional Terms, shall be bound and governed by laws of the State of California. You hereby agree that the State of California shall have personal jurisdiction over any cause of action arising out of this Privacy Policy, and that any cause of action brought to enforce this Privacy Policy, or in connection with any matters related to this Privacy Policy shall be brought forth and heard only in State or Federal courts located in Los Angeles, California. You also hereby agree to file any cause of action within one (1) year after such cause of action arises. You acknowledge and agree that any cause of action filed after the one (1) year period from the date the cause of action arises shall be barred from being brought forward.
If any section or provision of this Privacy Policy, or the application thereof, is held invalid or is deemed unenforceable, such section provision shall be deemed unenforceable and removed from the Privacy Policy. Additionally, said unenforceable section or provision shall be deemed to be replaced valid, enforceable provision that mirrors, as closely as possible, the original section or provision. Notwithstanding the foregoing, the other sections and provisions of this Policy will remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Privacy Policy is the entire agreement between you and Company with respect to the use of this Site, and may not be modified, except in writing, signed by an authorized representative of Company.
13. QUESTIONS OR COMMENTS
If you have any questions or comments relating to our websites or the privacy policy, send an email to CustomerService at FMIYInteractive dot com or write to “Attn: Privacy Compliance Officer, Find Me I’m Yours Interactive, LP, 11271 Ventura Blvd., #324, Studio City, CA 91604.”