Published: June 22, 2020
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE FAT FREE’S WEBSITE.
- Permitted Use of Fat Free’s Website
You must be over thirteen (13) years old in order to access the Website and/or access any content provided by Fat Free through use of the Website (collectively, “Services”), provide any personal information, or otherwise submit personal information through the Services or Website, including, but not limited to, your name or email address.
Fat Free will make available to you certain Services. The functionality or form of these Services may change without prior notice to you. Fat Free retains the right to expand or create limits on and related to use of the Services in its sole discretion at any time with or without notice. Fat Free may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability, pursuant to the terms of this Agreement. Fat Free may change, suspend, or discontinue any or all of the Services at any time, including the availability of any feature, database, or Content. For purpose of this Agreement, “Content” shall mean photos, postings, comments, messages, video, audio, images, illustrations, written posts, links, information, logos, tools, data, text, scripts, executable files, graphics, interactive features (collectively, “Content”) to the extent the same is available on the Website from time-to-time.
- Prohibited Use of Fat Free’s Services
Fat Free wants to ensure that certain behaviors do not jeopardize our users, threaten our infrastructure or damage our community. As such, Fat Free prohibits the following activities with respect to the use of its Services and Website:
- You may not impersonate anyone or create fake subscription name and email address;
- You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Services;
- You may not sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the information or content provided by Fat Free through the Website or Service, or any portion thereof, in any manner whatsoever;
- You may not “frame” or “mirror” any part of the Website without our prior written authorization; and
- You may not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index or “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures.
You do not need to register with Fat Free’s Website in order to navigate and explore the Website. As a condition to using certain Services or receive certain updates, however, you may be required to enter your name and email address. User acknowledges and agrees that all information provided to Fat Free will be accurate, current and complete. Fat Free reserves the right to terminate this Agreement and User’s use of the Website and Services at any time in its sole discretion.
- Fat Free’s Rights
Subject to your compliance with this Agreement, Fat Free grants User a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and make use of the Website and Services in accordance with the terms of this Agreement. Fat Free does not endorse or make any warranties or representations with respect to the accuracy, fitness, completeness or timeliness of any Content posted on the Website.
- Third-Party Links
- Copyright and Trademark
Fat Free respects third party intellectual property rights. As such, Fat Free developed a Copyright and Trademark Infringement Policy where third parties who believe their copyright or trademark rights have been violated can submit complaints to Fat Free. The Copyright and Trademark Infringement Policy is available at Copyright and Trademark Infringement Policy.
The Website is owned and operated by Fat Free and its licensors, and the Services (and any intellectual property and other rights relating thereto) are and will remain the exclusive property of Fat Free and its licensors. The Website and the Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, duplicate, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, disassemble, or otherwise exploit for any commercial purpose any part of the Website or any Service without Fat Free’s prior written permission. Use of the Website or any Services for any other purpose beyond the terms of this Agreement is strictly prohibited. USER ACKNOWLEDGES AND AGREES THAT USER DOES NOT ACQUIRE ANY OWNERSHIP RIGHTS BY USING THE WEBSITE OR ANY SERVICES.
Nothing contained in this Agreement, the Website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property of Fat Free or its licensors without the express written permission of Fat Free or Fat Free’s licensors (respectively).
- Term & Termination
This Agreement is effective from the Effective Date and shall remain effective until terminated in accordance with its terms. Fat Free may immediately terminate this Agreement, and/or your access to and use of the Website and Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice or liability. This Agreement will also terminate automatically if User fails to comply with any term or provision of this Agreement.
Fat Free reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, the Services, or any part or portion thereof, with or without notice to User. User agrees that Fat Free shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Website or any Services, or any part of portion thereof. Upon termination of your access to or ability to use a Service your right to use or access such Service will immediately cease. Sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 13 shall survive the termination of this Agreement.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT, THE INFORMATION AND THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE OR THE SERVICE, OR YOUR USE OF THE WEBSITE OR THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES, CONTENT AND INFORMATION AND YOUR RELIANCE THEREON.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAT FREE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT FAT FREE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. USER’S SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, USER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS AGAINST FAT FREE AND ITS RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, AFFILLIATES, CONSULTANTS, SUCCESSORS AND ASSIGNS THAT MAY ARISE FROM USER’S ACCESS OR USE OF THIS WEBSITE OR THE SERVICES.
User agrees to fully indemnify, defend, and hold Fat Free, its licensors, agents, successors, assigns, members, managers, directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) User’s breach of this Agreement; (b) User activities in connection with the Website or other websites to which the Website is linked; and/or (c) User’s negligence or willful misconduct.
- Jurisdictions and Governing Law
User agrees that for any dispute User has with Fat Free, it will contact Fat Free first and attempt to resolve the dispute with us informally. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FAT FREE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law provisions. The parties hereby irrevocably submit and consent to the jurisdiction of all federal and state courts in New York and hereby irrevocably agree that the sole venue for all disputes under this Agreement shall lie exclusively in New York County, New York.