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Terms of
Use
AGREEMENT BETWEEN YOU AND THE FTC
Networks, LLC
(Last Updated: February 2009)
The FTC Web Site is made up of
various Web sites and Web pages
operated by the FTC Networks, LLC
(collectively, the "FTC Web Sites").
This Terms of Use and Notices
applies to the FTC Web Site and does
not apply to the content of third
parties.
The FTC Web Sites are offered to you
conditioned on your acceptance
without modification of the terms,
conditions, and notices contained
herein. Your use of the FTC Web
Sites constitutes your agreement to
all such terms, conditions, and
notices. Your use of a particular
FTC Web Site included within the FTC
Web Sites may also be subject to
additional terms outlined elsewhere
in this agreement (the "Additional
Terms").
Additionally, the FTC Web Sites or
various third party providers may
themselves contain additional terms,
codes of conduct or guidelines that
govern use of those sites, including
without limitation, particular
features or offers (for example,
sweepstakes or chat areas).
In the event that any of the terms,
conditions, and notices contained
herein conflict with the Additional
Terms or other terms and guidelines
contained within any particular FTC
Web Site, then these terms shall
control.
PRIVACY AND PROTECTION OF PERSONAL
INFORMATION
See the Privacy Statement for
disclosures relating to the
collection and use of your personal
information.
MEMBER ACCOUNT, PASSWORD, AND
SECURITY
If a particular FTC Web Site, or any
product or service offered on any
FTC Web Site (each a "FTC
Site/Service", and collectively "FTC
Sites/Services") requires you to
open an account, you must complete
the registration process by
providing us with current, complete
and accurate information as prompted
by the applicable registration form.
You then will choose a password and
a user name. You are entirely
responsible for maintaining the
confidentiality of your password and
account. Furthermore, you are
entirely responsible for any and all
activities that occur under your
account. You agree to notify FTC
Networks, LLC immediately of any
unauthorized use of your account or
any other breach of security. FTC
Networks, LLC will not be liable for
any loss that you may incur as a
result of someone else using your
password or account, either with or
without your knowledge. However, you
could be held liable for losses
incurred by FTC Networks, LLC or
another party due to someone else
using your account or password. You
may not use anyone else’s account at
any time, without the permission of
the account holder.
MODIFICATION OF THESE TERMS OF USE
FTC Networks, LLC reserves the right
to change the terms, conditions, and
notices under which the FTC
Sites/Services are offered,
including but not limited to the
charges associated with the use of
the FTC Sites/Services. You are
responsible for regularly reviewing
these terms and conditions and
additional terms posted on
particular websites. Your continued
use of the FTC Sites/Services
constitutes your agreement to all
such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE
LIMITATION
Unless otherwise specified, the FTC
Sites/Services are for your personal
and non-commercial use. You may not
modify, copy, distribute, transmit,
display, perform, reproduce,
publish, license, create derivative
works from, transfer, or sell any
information, software, products or
services obtained from the FTC
Sites/Services. Without the advance
express written permission of FTC,
you may not ‘meta-search’ the FTC
Sites/Services, send, or cause to be
sent, any automated queries of any
sort to the FTC Sites/Services, or
use the FTC Sites/Services in any
commercial manner. “Automated
queries” shall include but not be
limited to using any software that
sends queries to any FTC
Sites/Services to determine how a
web site “ranks” on any FTC
Sites/Services.
LINKS TO THIRD PARTY SITES
The FTC Sites/Services may contain
images of and links to third party
Web sites ("Linked Sites"). The
Linked Sites are not under the
control of FTC Networks, LLC is not
responsible for the contents of any
Linked Site, including without
limitation any link contained in a
Linked Site, or any changes or
updates to a Linked Site. FTC
Networks, LLC is not responsible for
webcasting or any other form of
transmission received from any
Linked Site nor is FTC Networks, LLC
responsible if the Linked Site is
not working appropriately. FTC
Networks, LLC is providing these
links to you only as a convenience,
and the inclusion of any link does
not imply endorsement by FTC
Networks, LLC of the site or any
association with its operators. You
are responsible for viewing and
abiding by the privacy statements
and terms of use posted at the
Linked Sites.
Any dealings with third parties
(including advertisers) included
within the FTC Sites/Services or
participation in promotions,
including the delivery of and the
payment for goods and services, and
any other terms, conditions,
warranties or representations
associated with such dealings or
promotions, are solely between you
and the advertiser or other third
party. FTC Networks, LLC shall not
be responsible or liable for any
part of any such dealings or
promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
FTC Sites/Services, you will not use
the FTC Sites/Services for any
purpose that is unlawful or
prohibited by these terms,
conditions, and notices. You may not
use the FTC Sites/Services in any
manner that could damage, disable,
overburden, or impair any FTC Site/Service(s)
(or the network(s) connected to any
FTC Site/Service(s)) or interfere
with any other party's use and
enjoyment of any FTC Site/Service(s).
You may not attempt to gain
unauthorized access to any FTC
Site/Service, other accounts,
computer systems or networks
connected to any FTC Site/Service,
through hacking, password mining or
any other means. You may not obtain
or attempt to obtain any materials
or information through any means not
intentionally made available through
the FTC Sites/Services.
USE OF SERVICES
The FTC Sites/Services may contain
e-mail services, bulletin board
services, chat areas, news groups,
forums, groups, personal web pages,
calendars, photo albums, file
cabinets and/or other message or
communication facilities designed to
enable you to communicate with
others (collectively, "Communication
Services"). You agree to use the
Communication Services only to post,
send and receive messages and
material that are proper and, when
applicable, related to the
particular Communication Service. By
way of example, and not as a
limitation, you agree that when
using a Communication Service, you
will not:
• Use the Communication Service in
connection with surveys, contests,
pyramid schemes, chain letters, junk
email, spamming or any duplicative
or unsolicited messages (commercial
or otherwise).
• Defame, abuse, harass, stalk,
threaten or otherwise violate the
legal rights (such as rights of
privacy and publicity) of others.
• Publish, post, upload, distribute
or disseminate any inappropriate,
profane, defamatory, obscene,
indecent or unlawful topic, name,
material or information.
• Publish, post, upload, distribute
or disseminate any topic, name,
material or information that incites
discrimination, hate or violence
towards one person or a group
because of their belonging to a
race, a religion or a nation, or
that insults the victims of crimes
against humanity by contesting the
existence of those crimes.
• Upload, or otherwise make
available, files that contain
images, photographs, software or
other material protected by
intellectual property laws,
including, by way of example, and
not as limitation, copyright or
trademark laws (or by rights of
privacy or publicity) unless you own
or control the rights thereto or
have received all necessary consents
to do the same.
• Use any material or information,
including images or photographs,
which is made available through the
FTC Sites/Services in any manner
that infringes any copyright,
trademark, patent, trade secret, or
other proprietary right of any
party.
• Upload files that contain viruses,
Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any
other similar software or programs
that may damage the operation of
another's computer or property of
another.
• Use of meta tag searches on the
web sites.
• Advertise or offer to sell or buy
any goods or services for any
business purpose, unless such
Communication Service specifically
allows such messages.
• Download any file posted by
another user of a Communication
Service that you know, or reasonably
should know, cannot be legally
distributed in such manner.
• Falsify or delete any author
attributions, legal or other proper
notices or proprietary designations
or labels of the origin or source of
software or other material contained
in a file that is uploaded.
• Restrict or inhibit any other user
from using and enjoying the
Communication Services.
• Violate any code of conduct or
other guidelines which may be
applicable for any particular
Communication Service.
• Harvest or otherwise collect
information about others, including
e-mail addresses.
• Violate any applicable laws or
regulations.
• Create a false identity for the
purpose of misleading others.
• Use, download or otherwise copy,
or provide (whether or not for a
fee) to a person or entity any
directory of users of an FTC Site/Service(s)
or other user or usage information
or any portion thereof.
FTC Networks, LLC has no obligation
to monitor the Communication
Services. However, FTC Networks, LLC
reserves the right to review
materials posted to a Communication
Service and to remove any materials
in its sole discretion. FTC
Networks, LLC reserves the right to
terminate your access to any or all
of the Communication Services at any
time, without notice, for any reason
whatsoever.
FTC Networks, LLC reserves the right
at all times to disclose any
information as FTC Networks, LLC
deems necessary to satisfy any
applicable law, regulation, legal
process or governmental request, or
to edit, refuse to post or to remove
any information or materials, in
whole or in part, in FTC Networks,
LLC's sole discretion.
Always use caution when giving out
any personally identifiable
information about yourself or your
children in any Communication
Service. FTC Networks, LLC does not
control or endorse the content,
messages or information found in any
Communication Service and,
therefore, FTC Networks, LLC
specifically disclaims any liability
with regard to the Communication
Services and any actions resulting
from your participation in any
Communication Service. Room
Operators, hosts and Webmasters are
not authorized FTC Networks, LLC
spokespersons, and their views do
not necessarily reflect those of FTC
Networks, LLC.
Materials uploaded to a
Communication Service may be subject
to posted limitations on usage,
reproduction and/or dissemination,
you are responsible for adhering to
such limitations if you download the
materials.
MATERIALS PROVIDED TO FTC Networks,
LLC OR POSTED AT ANY FTC WEB SITE
FTC Networks, LLC does not claim
ownership of the materials you
provide to FTC Networks, LLC
(including feedback and suggestions)
or post, upload, input or submit to
any FTC Site/Service or its
associated services for review by
the general public, or by the
members of any public or private
group, (each a "Submission" and
collectively "Submissions").
However, by posting, uploading,
inputting, providing or submitting
("Posting") your Submission you are
granting FTC Networks, LLC, its
affiliated entities and necessary
sub licensees permission to use your
Submission in connection with the
operation of their Internet
businesses (including, without
limitation, all FTC Sites/Services),
including, without limitation, the
license rights to: copy, distribute,
transmit, publicly display, publicly
perform, reproduce, edit, translate
and reformat your Submission; to
publish your name in connection with
your Submission; and the right to
sublicense such rights to any
supplier of a FTC Site/Service.
No compensation will be paid with
respect to the use of your
Submission, as provided herein. FTC
Networks, LLC is under no obligation
to post or use any Submission you
may provide and FTC Networks, LLC
may remove any Submission at any
time in its sole discretion.
By Posting a Submission you warrant
and represent that you own or
otherwise control all of the rights
to your Submission as described in
these Terms of Use including,
without limitation, all the rights
necessary for you to provide, post,
upload, input or submit the
Submissions.
SOFTWARE AND CONTENT AVAILABLE
THROUGH THE FTC SITES/SERVICES
All content and software (if any)
that is made available to view
and/or download in connection with
the FTC Sites/Services, excluding
content and/or software that may be
made available by end-users through
a Communication Service,
("Software") is owned by and is the
copyrighted work of FTC Networks,
LLC and/or its suppliers and is
protected by copyright laws and
international treaty provisions.
Your use of the Software is governed
by the terms of the end user license
agreement, if any, which accompanies
or is included with the Software
("License Agreement"). You may not
install or use any Software that is
accompanied by or includes a License
Agreement unless you first agree to
the License Agreement terms.
For any Software not accompanied by
a license agreement, FTC Networks,
LLC hereby grants to you, the user,
a revocable personal,
non-transferable license to use the
Software for viewing and otherwise
using the particular FTC
Site/Service in accordance with
these Terms of Use, and for no other
purpose provided that you keep
intact all copyright and other
proprietary notices. Any
reproduction or redistribution of
the content and/or Software is
expressly prohibited by law, and may
result in severe civil and criminal
penalties. Violators will be
prosecuted to the maximum extent
possible. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION
OF THE CONTENT OR SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. You
acknowledge that the Software, and
any accompanying documentation
and/or technical information, is
subject to applicable export control
laws and regulations of the USA. You
agree not to export or re-export the
Software, directly or indirectly, to
any countries that are subject to
USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE FTC
SITES/SERVICES MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE FTC SITES/SERVICES AND
TO THE INFORMATION THEREIN. FTC
Networks, LLC AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE FTC
SITES/SERVICES AT ANY TIME. ADVICE
RECEIVED VIA THE FTC SITES/SERVICES
SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
FTC Networks, LLC AND/OR ITS
RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF
VIRUSES OR OTHER HARMFUL COMPONENTS
AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED WITHIN
THE FTC SITES/SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND.
FTC Networks, LLC AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT FTC
Networks, LLC SHALL NOT BE
RESPONSIBLE FOR UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL
OR DATA SENT OR RECEIVED OR NOT SENT
OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH AN FTC
SITE/SERVICE. YOU SPECIFICALLY AGREE
THAT FTC Networks, LLC IS NOT
RESPONSIBLE OR LIABLE FOR ANY
THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR
CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY
RIGHTS. YOU SPECIFICALLY AGREE THAT
FTC Networks, LLC IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING AND/OR
INCLUDED IN AN FTC SITE/SERVICE BY
ANY THIRD PARTY.
IN NO EVENT SHALL FTC Networks, LLC
AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE FTC
SITES/SERVICES, WITH THE DELAY OR
INABILITY TO USE THE FTC
SITES/SERVICES OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE FTC
SITES/SERVICES, OR OTHERWISE ARISING
OUT OF THE USE OF THE FTC
SITES/SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF FTC
Networks, LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY
PORTION OF THE FTC SITES/SERVICES,
OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE FTC
SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that FTC Networks, LLC may
establish limits concerning use of
any FTC Service offered on an FTC
Web Site, including without
limitation the maximum number of
days that e-mail messages will be
retained by any FTC Service, the
maximum number of e-mail messages
that may be sent from or received by
an account on any FTC Service, the
maximum size of an e-mail message
that may be sent from or received by
an account on any FTC Service, the
maximum disk space that will be
allotted on FTC Networks, LLC's
servers on your behalf either
cumulatively or for any particular
service, such as for storing digital
photographs, and the maximum number
of times and duration you may access
any FTC Service in a given period of
time.
You agree that FTC Networks, LLC has
no responsibility or liability for
the deletion, corruption or failure
to store any messages or other
content maintained or transmitted by
any FTC Service. You acknowledge
that the features, parameters (for
example, the amount of storage
available to users) or existence of
any FTC service may change at any
time. You acknowledge that FTC
Networks, LLC reserves the right to
sign out, terminate or delete your
accounts for any particular Web site
or service within FTC that are
"inactive" for an extended period of
time. "Inactive" means that you have
not signed in to a particular
service for an extended period of
time, as determined by FTC Networks,
LLC, in its sole discretion. The
amount of time that FTC Networks,
LLC currently considers as an
"extended" period of time is
determined based on the particular
FTC Web site or FTC Service within
FTC to which it pertains, and may be
viewed in the FAQ, or other user
information relating to the
particular service.
FTC Networks, LLC MAKES NO WARRANTY
THAT ANY FTC SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR
ERROR-Free.
TERMINATION/ACCESS RESTRICTION
FTC Networks, LLC reserves the
right, in its sole discretion, to
terminate your access to any or all
FTC Sites/Services and the related
services or any portion thereof at
any time, without notice. FTC
Networks, LLC may also terminate or
suspend your access to FTC Site/Service(s)
for inactivity, as set forth, above,
in "Storage Space and Other
Limitations." FTC Networks, LLC
shall have no obligation to maintain
any content or to forward any unread
or unsent messages to you or any
third party.
NO SPAM; DAMAGES
FTC Networks, LLC may immediately
terminate any account which it
determines, in its sole discretion,
is transmitting or is otherwise
connected with any 'spam' or other
unsolicited bulk email. In addition,
because damages are often difficult
to quantify, if actual damages
cannot be reasonably calculated then
you agree to pay FTC Networks, LLC
liquidated damages of five dollars
(US$5.00) for each piece of 'spam'
or unsolicited bulk email
transmitted from or otherwise
connected with your account.
Otherwise you agree to pay FTC
Networks, LLC's actual damages, to
the extent such actual damages can
be reasonably calculated. You agree
that FTC Networks, LLC may charge
such damages to your selected
Payment Method, as set forth in the
FTC Networks, LLC Billing section,
below.
GENERAL
Claims for enforcement, breach or
violation of duties or rights under
this agreement shall be adjudicated
under the laws of the State of
California, without reference to
conflict of laws principles. All
other claims, including without
limitation claims under or for
violation of state consumer
protection laws, unfair competition
laws, and in tort, shall be
adjudicated under the law of your
state of residence. You hereby
irrevocably consent to the exclusive
jurisdiction and venue of courts in
Los Angeles County, California,
U.S.A. in all disputes arising out
of or relating to the use of the FTC
Sites/Services. You agree that no
joint venture, partnership,
employment, or agency relationship
exists between you and FTC Networks,
LLC as a result of this agreement or
use of the FTC Sites/Services. You
agree to indemnify and hold FTC
Networks, LLC, its parents,
subsidiaries, affiliates, officers
and employees, harmless from any
claim, demand, or damage, including
reasonable attorneys' fees, asserted
by any third party due to or arising
out of your use of or conduct on the
FTC Sites/Services. FTC Networks,
LLC reserves the right to disclose
any personal information about you
or your use of the FTC
Sites/Services, including its
contents, without your prior
permission if FTC Networks, LLC has
a good faith belief that such action
is necessary to: (1) conform to
legal requirements or comply with
legal process; (2) protect and
defend the rights or property of FTC
Networks, LLC or its affiliated
companies; (3) enforce the terms or
use; or (4) act to protect the
interests of its members or others.
FTC Networks, LLC's performance of
this agreement is subject to
existing laws and legal process, and
nothing contained in this agreement
is in derogation of FTC Networks,
LLC's right to comply with
governmental, court and law
enforcement requests or requirements
relating to your use of the FTC
Sites/Services or information
provided to or gathered by FTC
Networks, LLC with respect to such
use. If any part of this agreement
is determined to be invalid or
unenforceable pursuant to applicable
law including, but not limited to,
the warranty disclaimers and
liability limitations set forth
above, then the invalid or
unenforceable provision will be
deemed superseded by a valid,
enforceable provision that most
closely matches the intent of the
original provision and the remainder
of the agreement shall continue in
effect. Unless otherwise specified
herein, this agreement constitutes
the entire agreement between the
user and FTC Networks, LLC with
respect to the FTC Sites/Services
and it supersedes all prior or
contemporaneous communications and
proposals, whether electronic, oral
or written, between the user and FTC
Networks, LLC with respect to the
FTC Sites/Services. A printed
version of this agreement and of any
notice given in electronic form
shall be admissible in judicial or
administrative proceedings based
upon or relating to this agreement
to the same extent and subject to
the same conditions as other
business documents and records
originally generated and maintained
in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the FTC Web Sites
are:
TRADEMARKS. FTC Networks, LLC, FTC
Networks, LLC Web Sites and other
FTC Networks, LLC products and
services referenced herein may also
be either trademarks or registered
trademarks of FTC Networks, LLC in
the United States and/or other
countries. The names of actual
companies and products mentioned
herein may be the trademarks of
their respective owners.
The example companies,
organizations, products, domain
names, e-mail addresses, logos,
people, places and events depicted
herein are fictitious. No
association with any real company,
organization, product, domain name,
e-mail address, logo, person, places
or events is intended or should be
inferred.
Any rights not expressly granted
herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2),
notifications of claimed copyright
infringement should be sent to
Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE.
FOR INFORMATION REGARDING THE FTC
Networks, LLC PRIVACY STATEMENT
CLICK HERE.
ADDITIONAL TERMS:
Subscription-Based Content
Some contents and/or services on FTC
may be offered to you conditioned on
your purchase of a subscription. If
you elect to purchase
subscription-based content/services
and transmit to FTC Networks, LLC a
subscription purchase request, you
warrant that all information that
you submit is true and accurate
(including without limitation your
credit card number and expiration
date), and you agree to pay all
subscription fees you incur plus all
applicable taxes. You may cancel
your subscription to any fee-based
content and/or services by
contacting FTC Billing. If you have
purchased an automatically renewing
subscription, you will not be
charged the monthly subscription fee
thereafter (but there are no refunds
of subscription fees previously
paid). No cancellation of access to
free content and/or services or to
non-renewing subscriptions is
required. Your subscription is
personal to you and the members of
your household, and you may not
transfer or make available your
account name and password to others,
including without limitation your
co-workers. Any distribution by you
of your account name and password
may result in cancellation of your
subscription without refund and in
additional charges based on
unauthorized use.
To Unsubscribe from the Newsletter
Go to http://ftcchat.com/newsletter/
(coming soon) and sign in, or
register if you haven't yet. At the
end of the pages listing your
personal information, you will be
presented with a check-box list of
options. Click the checked box
beside the newsletter to clear it;
this will unsubscribe you from the
newsletter.
FTC EXTRA STORAGE SERVICE
FTC Extra Storage Service ("Extra
Storage Service"), is a FTC service
offering extra storage space for
your Personal e-mail account and for
your associated FTC Groups. In order
to sign-up for the Extra Storage
Service, you must have an existing
FTC Personal account. Your Account
will be charged, and you agree to
pay, the amount as specified in the
Extra Storage Service description.
The Extra Storage Service is
provided on a year-to-year basis
commencing on the date that you
accept this Agreement.
The amount you pay for the Extra
Storage Service is not refundable
even if you choose to cancel the
Extra Storage Service prior to the
one year anniversary of the
subscription. If you do not notify
FTC of your cancellation prior to
the expiration of the then current
term of the Extra Storage Service,
your credit card will be
automatically charged for another
year of the Extra Storage Service.
This offer cannot be resold to any
other person or third party as it is
specific to the user who directly
purchases it.
FTC Networks, LLC may immediately
terminate your Personal account, at
any time, without notice, if FTC in
its sole discretion concludes that
you have provided false information
in connection with your Billing
Service Account, are engaged in
fraudulent or illegal activities,
are engaged in activities that may
damage the rights of FTC Networks,
LLC or others, or are otherwise in
violation of this Agreement. If your
Billing Service Account is
terminated for any such reasons
stated above, the charge for this
FTC Extra Storage Service is not
refundable.
The FTC Extra Storage Service and
its benefits are offered at the
discretion of FTC Networks, LLC has
the right to modify or discontinue,
temporarily or permanently, the
Extra Storage Service, in whole or
in part, for any reason, at its sole
discretion, with or without notice
to you. You agree that FTC Networks,
LLC will not be liable to you or any
third party for any modification or
discontinuance of the FTC Extra
Storage Service.
If you choose to cancel the FTC
Extra Storage Service, then on the
expiration date of the one year
anniversary of your acceptance of
this Agreement, your Personal
account will revert to the storage
size of a regular Personal account.
New e-mails will not be delivered to
you until your Personal account has
been reduced to the storage size of
a regular Personal account mailbox.
You will receive notification from
Personal when you are nearing your
then applicable limit giving you the
opportunity to delete some messages.
If you do not use your account on a
regular basis, your e-mail will be
stored for the year of your
subscription, then if you do not
continue your subscription, and your
account is not used on a regular
basis, the contents of your account
may be deleted.
If you choose to cancel the FTC
Extra Storage Service, then on the
expiration date of the one year
anniversary of your acceptance of
this Agreement, your FTC Groups
storage quota will revert to the
default storage quota for FTC
Groups. If you have exceeded your
quota and you attempt to upload
additional files, you will be
prompted to first delete files to
reduce your quota below the limit.
If you choose to cancel your account
(or if your account is canceled
because you have not paid the annual
charge), you will be required to
delete your files to ensure you are
now within the default storage quota
for FTC Groups. If after 30 days of
cancellation, you have not yet
deleted your own files, FTC will
delete any files that take your
storage over the default limit,
starting with the oldest files
first. Any files that are deleted
are not retrievable by FTC Networks,
LLC at any time. Any of your files
associated with FTC Groups that are
deleted due to inactivity will
automatically reduce your quota. The
FTC Extra Storage Service does not
prevent any FTC Groups from being
deactivated due to inactivity.
FTC COUNSELING
FTC Counseling is provided to you in
association with third party mental
health services. Accordingly, FTC
Counseling is also subject to the
Terms and Conditions put forth by
such third party health services
providers.
Crime Statistics
Any crime statistics provided by
Online Data Services have been
collected from federal, state, and
local law enforcement agencies. The
accuracy of the statistics as
obtained from these agencies is
assumed to be correct, but is not
guaranteed. The ratings in the form
of school grades published by Online
Data Services are the result of a
comparison of the crime activity in
a particular vicinity to the overall
crime activity in its surrounding
area. No inferences should be drawn
regarding the likelihood of a crime
occurring or not occurring at a
particular location based on the
statistics or grade published by
Online Data Services. An above
average grade does not imply that a
particular location is not subject
to crime.
FTC Personal
This Terms of Use applies to the FTC
Personal web site and services. When
you use the Personal web site and
services you agree to abide by these
Terms and any additional terms,
conditions and notices appearing on
the Personal web site.
FTC MOBILE
Your wireless carrier may charge
service fees for alerts, text
messaging (including
receiving/sending instant messages
and e-mail), web browsing and other
services that require the use of
airtime and wireless data services.
FTC Mobile provides services and
information on selected wireless
carriers for your convenience only
and we recommend that you check with
your wireless carrier to verify the
fees that may apply to your wireless
device plan. FTC Networks, LLC does
not endorse or recommend the
services of any wireless carrier.
The wireless carrier is solely
responsible for the services it
provides to you.
E-mail and instant message alerts
that you receive on your device may
be delayed during transmission over
the Internet, or by other causes.
The accuracy and timeliness of any
FTC Mobile service is not guaranteed
or warranted by FTC Networks, LLC or
its suppliers. Please be sure to
refer to the appropriate alert terms
for a specific FTC Web Site included
in the Additional Terms if you have
questions about specific alerts.
Specific Restrictions on Use of
Associated Press Material
Associated Press text, photo,
graphic, audio and/or video material
shall not be published, broadcast,
rewritten for broadcast or
publication or redistributed
directly or indirectly in any
medium. Neither these AP materials
nor any portion thereof may be
stored in a computer except for
personal and non-commercial use. AP
will not be held liable in any way
to you or to any third party or to
any other person who may receive
information in the FTC Web sites or
to any other person whatsoever, for
any delays, inaccuracies, errors or
omissions therefrom or in the
transmission or delivery of all or
any part thereof or for any damages
arising from any of the foregoing or
occasioned thereby.
FTC SHOPPING (eShop)
FTC Shopping provides the merchants'
links to you at http://ShopFTC.com
and various links throughout FTC;
however, each individual merchant
participating at FTC Shopping is
responsible for setting and
explaining their individual
shipping, return, security and other
policies applicable to shopping in
their stores and purchasing their
products. FTC does not guarantee,
warrant or endorse any product or
service sold by a merchant in FTC
Shopping, nor do we have any
liability or responsibility for the
quality or performance of any
product or service sold to you by
any merchant. The purchase of any
product or service from a merchant
at FTC Shopping is a transaction
solely between you and that
merchant, and any question or
dispute you may have regarding any
such product or service should be
addressed directly to the
responsible merchant. FTC has no
responsibility or liability for any
merchant or your relationship with
such merchant.
You are responsible for paying the
entire amount due on your purchase,
including any applicable taxes,
shipping and other charges assessed
by the merchant. With respect to
applicable taxes, the merchant will
advise you subsequently of the exact
amount of tax due on your purchase.
FTC has no responsibility whatsoever
for any miscalculation or omission
by a merchant of applicable taxes on
any sale.
You represent and warrant that you
are at least 18 years of age and
that you possess the legal right to
use FTC Shopping in accordance with
the stated terms and usage policies.
You hereby agree to supervise usage
by, and be responsible for the
actions of, any minors who use your
computer and/or registration account
to access FTC Shopping.
FTC PHOTOS
In addition to the warranty and
representation set forth in these
Terms of Use, by Posting a
Submission that contain images,
photographs, pictures or that are
otherwise graphical in whole or in
part ("Pictures"), you warrant and
represent that (a) you are the
copyright owner of such Picture, or
that the copyright owner of such
Picture has granted you permission
to use such Picture or any content
and/or images contained in such
Picture consistent with the manner
and purpose of your use and as
otherwise permitted by these Terms
of Use and the FTC Site/Services,
(b) you have the rights necessary to
grant the licenses and sublicenses
described in these Terms of Use, and
(c) that each person depicted in
such Picture, if any, has provided
consent to the use of the Picture as
set forth in these Terms of Use,
including, by way of example, and
not as a limitation, the
distribution, public display and
reproduction of such Picture. By
Posting a Picture, you are granting
(a) to all members of your private
group (for each such Picture
available to members of such private
group), (b) to the general public
(for each such Picture available
anywhere on the FTC Web Site, other
than a private group), and/or (c) to
any person with whom you share
Pictures through e-mail using the
FTC Site/Services, permission to use
your Picture in connection with the
use, as permitted by these Terms of
Use, of any FTC Site/Service,
(including, by way of example, and
not as a limitation, downloading,
printing and making prints and gift
items which include such Picture),
and including, without limitation, a
non-exclusive, world-wide,
royalty-free license to: copy,
distribute, transmit, publicly
display, publicly perform,
reproduce, edit, translate and
reformat your Picture without having
your name attached to such Picture,
and the right to sublicense such
rights to any supplier of such FTC
Site/Service. The licenses granted
in the preceding sentences for a
Picture will terminate at the time
you completely remove such Picture
from the FTC Web Site, provided
that, such termination shall not
affect any licenses granted in
connection with such Picture prior
to the time you completely remove
such Picture. No compensation will
be paid with respect to the use of
your Picture."
FTC Networks, LLC BILLING
Charges on your Billing Account
FTC Networks, LLC bills you through
an online account (your "Billing
Account") for services and items
obtained under this Agreement (the
"Products"). You agree to pay FTC
Networks, LLC all charges at the
prices then in effect for any
Products ordered by you or other
persons (including your agents)
using your Billing Account, and you
authorize FTC Networks, LLC to
charge your chosen payment method
(your "Payment Method") for such
Products. You agree to make payment
using that selected Payment Method.
Charges on your Billing Account will
be summarized for you online (your
"Online Statement"). You will have
one Online Statement per Billing
Account. FTC Networks, LLC reserves
the right to correct any errors or
mistakes that it makes even if it
has already requested or received
payment.
YOU MUST PROVIDE CURRENT, COMPLETE
AND ACCURATE INFORMATION FOR YOUR
BILLING ACCOUNT IN ORDER TO RECEIVE
THE PRODUCTS ORDERED. YOU MUST
PROMPTLY UPDATE ALL INFORMATION TO
KEEP YOUR BILLING ACCOUNT CURRENT,
COMPLETE AND ACCURATE (SUCH AS A
CHANGE IN BILLING ADDRESS, CREDIT
CARD NUMBER, OR CREDIT CARD
EXPIRATION DATE), AND YOU MUST
PROMPTLY NOTIFY FTC Networks, LLC IF
YOUR PAYMENT METHOD IS CANCELED
(E.G., FOR LOSS OR THEFT) OR IF YOU
BECOME AWARE OF A POTENTIAL BREACH
OF SECURITY, SUCH AS THE
UNAUTHORIZED DISCLOSURE OR USE OF
YOUR USER NAME OR PASSWORD. CHANGES
TO SUCH INFORMATION CAN BE MADE AT
HTTP://FTCCHAT.NET IF YOU FAIL TO
PROVIDE FTC Networks, LLC ANY OF THE
FOREGOING INFORMATION, YOU AGREE
THAT FTC Networks, LLC MAY CONTINUE
CHARGING YOU FOR ANY PRODUCT
PROVIDED UNDER YOUR BILLING ACCOUNT
UNLESS YOU HAVE TERMINATED YOUR
SUBSCRIPTION FOR SUCH PRODUCT
(CONFIRMED IN WRITING UPON REQUEST).
Currency exchange settlements will
be based on your Payment Method and
may be determined by agreements
between you and the financial
institution, credit card issuer or
other provider of your chosen
Payment Method (the "Payment Method
Provider"). If FTC Networks, LLC
does not receive payment from your
Payment Method Provider, you agree
to pay all amounts due on your
Billing Account upon demand.
Prices for all Products exclude all
applicable taxes and
telecommunication charges, unless
expressly stated otherwise. To the
extent permissible by law, you agree
to be responsible for any applicable
taxes and telecommunication charges,
whether or not such amounts are
itemized on your Online Statement or
charged to your Billing Account or
Payment Method.
If the amount to be charged to your
Billing Account varies from the
amount you preauthorized, you have
the right to receive, and FTC
Networks, LLC shall so provide,
notice of the amount to be charged
and the date of the charge at least
10 days before the scheduled date of
the transaction. Any agreement you
have with the Payment Method
Provider will govern your use of
your Payment Method. You agree that
FTC Networks, LLC may accumulate
charges incurred and submit them as
one or more aggregate charges during
or at the end of each billing cycle.
FTC Networks, LLC MAY SUBMIT
PERIODIC CHARGES (E.G., MONTHLY)
WITHOUT FURTHER AUTHORIZATION FROM
YOU, UNTIL YOU PROVIDE PRIOR NOTICE
(CONFIRMED IN WRITING UPON REQUEST)
THAT YOU HAVE TERMINATED THIS
AUTHORIZATION OR WISH TO CHANGE YOUR
PAYMENT METHOD. SUCH NOTICE WILL NOT
AFFECT CHARGES SUBMITTED BEFORE FTC
Networks, LLC REASONABLY COULD ACT.
TO TERMINATE YOUR AUTHORIZATION OR
CHANGE YOUR PAYMENT METHOD, GO TO
http://FTCChat.com/members/ .
Your non-termination or continued
use of the Products on your Billing
Account reaffirms that FTC Networks,
LLC is authorized to charge your
Payment Method. FTC Networks, LLC
may submit those charges for payment
and you will be responsible for such
charges. Those submissions will not
waive FTC Networks, LLC's right to
seek payment directly from you. Your
charges may be payable in advance,
in arrears, per usage, or as
otherwise described when you
initially ordered the applicable
Product.
Refund Policies
Subject to any withdrawal right you
may have under applicable law,
charges are non-refundable unless
the price plan terms expressly say
otherwise. Except as otherwise
required by law, the costs of any
returns if permitted will be at your
expense.
FTC Networks, LLC will use
commercially reasonable efforts to
correct any technical failures
relating to an Online Statement
within a reasonable time; however,
your inability to view an Online
Statement does not extend, or
relieve you of, your obligation to
pay any amounts owing to FTC
Networks, LLC. Unless you notify FTC
Networks, LLC of any error within
120 days after it first appears in
any Online Statement, such statement
will be deemed accepted by you for
all purposes, including resolution
of inquiries made by your Payment
Method Provider. TO THE EXTENT
ALLOWED BY LAW, YOU RELEASE FTC
Networks, LLC FROM ANY AND ALL
LIABILITY AND CLAIMS OF LOSS
RESULTING FROM ANY ERROR THAT IS NOT
REPORTED TO FTC Networks, LLC WITHIN
120 DAYS AFTER THE ERROR FIRST
APPEARS ON YOUR ONLINE STATEMENT.
Due Date: Late Charge; Collection
Costs
The amount due to FTC Networks, LLC
for your Billing Account must be
paid in full by your Payment Method
Provider on the date such payment is
requested by FTC Networks, LLC, not
later than 30 days after the billing
date; you are not entitled to carry
forward a balance. You agree to pay
late charges that may be assessed by
FTC Networks, LLC on amounts due but
not timely paid. The late charge
will be 1% per month (or 12% per
annum) on the total amount due but
not paid; but if such rate is in
excess of any allowable rate under
applicable laws, then you will
instead be charged the maximum rate
that is permitted by law. FTC
Networks, LLC reserves the right to
refer your Billing Account to a
third party for collection in the
event of default. You agree to pay
all costs incurred in the
enforcement of this Agreement and in
collection of any delinquent amounts
due, including reasonable attorneys'
fees and costs.
Default
If FTC Networks, LLC does not
receive payment for any charge to
your Billing Account, you will be in
default and FTC Networks, LLC may
suspend or cancel your Billing
Account and your access to any or
all FTC Networks, LLC Products. If
your Payment Method Provider seeks
return of payments previously made
to FTC Networks, LLC, but FTC
Networks, LLC in good faith believes
that you are liable for the charge
and applicable law allows the
Payment Method Provider to seek
payment from you, you will also be
in default and FTC Networks, LLC may
cancel your Billing Account and your
access to any or all Products.
CANCELLATION OR SUSPENSION FOR
DEFAULT MAY BE MADE WITHOUT PRIOR
NOTICE TO YOU AND UPON SUCH
CANCELLATION OR SUSPENSION, FTC
Networks, LLC MAY STOP DELIVERY OF
ANY PRODUCT, AND ANY INFORMATION YOU
HAVE STORED ON A FTC Networks, LLC
SERVICE MAY NOT BE RETRIEVED AT A
LATER DATE.
Termination, Cancellation or
Suspension
FTC Networks, LLC may, in its
discretion, terminate, cancel, or
suspend an accepted order if FTC
Networks, LLC is notified that your
Payment Method has expired or has
been canceled, or if FTC Networks,
LLC has reason to believe that any
Billing Account information provided
to FTC Networks, LLC is untrue,
inaccurate, not current or
incomplete. Termination,
cancellation or suspension, whether
by you or FTC Networks, LLC, will
not alter your obligation to pay all
charges made to your Billing Account
before such termination,
cancellation or suspension
(including charges made after
termination by you but before FTC
Networks, LLC could reasonably act
on your termination notice ). You
will not be entitled to any refunds
upon termination, cancellation or
suspension unless the applicable
agreement expressly so provides.
General
You represent and warrant that: (1)
you are at least 18 years of age or
the age required or allowed under
applicable law for making a legal
and binding contract; (2) all
information that you submit is true
and accurate (including without
limitation information relating to
your Payment Method); and (3) you
are an individual (or in the case of
an entity, an agent of the entity)
authorized to use the designated
Payment Method. You agree to pay for
all charges (including charges by
other persons) and to comply with
your responsibilities and
obligations as stated in this
Agreement. If you are an agent of an
entity user, you represent and
warrant that you are duly authorized
to legally bind the entity to all
terms and conditions of this
Agreement and that you have made the
entity aware of them. You agree not
to assign, transfer or sublicense
any rights in your Billing Account.
FTC Networks, LLC may: (1) generate
print copies of its electronic
records and introduce them in
evidence as original documents; and
(2) prove your agreement or consent
in any manner, including without
limitation, by showing that a
procedure existed by which you must
have provided consent or engaged in
conduct to obtain the applicable
Products.
STANDARD ADVERTISING TERMS AND
CONDITIONS
Your use of the FTC Network
constitutes acceptance of the FTC
Network Standard Advertising Terms
and Conditions.
CONSUMER DISCLOSURES AND CONSENTS
FOR ELECTRONIC INFORMATION
Disclosure to Receive All
Information in Electronic Form
ALL INFORMATION THAT FTC Networks,
LLC IS REQUIRED BY LAW TO SEND TO
YOU REGARDING THE SUBSCRIPTIONS,
SERVICES AND OTHER ITEMS PROVIDED TO
YOU UNDER THIS AGREEMENT, INCLUDING
ANY BILLING AND PAYMENT INFORMATION
(COLLECTIVELY REFERRED TO AS
"REQUIRED INFORMATION"), AND ANY
OTHER INFORMATION PROVIDED TO YOU
FROM FTC Networks, LLC, WILL BE
PROVIDED TO YOU IN ELECTRONIC FORM
ONLY. FTC Networks, LLC WILL PROVIDE
ALL REQUIRED INFORMATION TO YOU IN
ELECTRONIC FORM EITHER: (1) VIA
E-MAIL AT THE E-MAIL ADDRESS YOU
SPECIFY DURING YOUR SIGN-UP FOR
SUBSCRIPTIONS, SERVICES OR OTHER
ITEMS UNDER THIS AGREEMENT; (2) BY
ACCESS TO A FTC Networks, LLC WEB
SITE THAT WILL BE DESIGNATED IN AN
E-MAIL NOTICE SENT TO YOU AT THE
TIME THE INFORMATION IS AVAILABLE;
OR, (3) TO THE EXTENT PERMISSIBLE BY
LAW, BY ACCESS TO A FTC Networks,
LLC WEB SITE THAT WILL BE GENERALLY
DESIGNATED IN ADVANCE FOR SUCH
PURPOSE.
Requesting Paper Copies
You may request a paper copy of any
Required Information previously
provided to you in electronic form
by FTC Networks, LLC for a period of
one hundred and twenty (120)
calendar days from the date that FTC
Networks, LLC first provided the
Required Information to you;
however, FTC Networks, LLC may
charge a reasonable fee for
providing such paper copies.
Hardware and Software Requirements
In order to receive Required
Information electronically from FTC
Networks, LLC, you must have an
e-mail address and submit it to FTC
Networks, LLC upon sign-up for any
subscription, service or other item
provided under this Agreement. Your
computer also must have either
Internet Explorer 5.x (or above) or
Netscape Navigator 6.x (or above)
and an e-mail software program
capable of sending and receiving
e-mail from FTC Networks, LLC via
the Internet. Finally, your computer
must be capable of receiving,
accessing, displaying, and either
printing or storing, Required
Information received in electronic
form from FTC Networks, LLC via a
plain text-formatted e-mail or by
access to a FTC Networks, LLC web
site using one of the browsers
specified above.
Changes to Hardware and Software
Requirements
In the event that there are any
changes to the hardware and software
requirements listed above that are
likely to have a significant impact
on your ability to receive, access,
display, store, and print Required
Information that FTC Networks, LLC
sends to you in electronic form, FTC
Networks, LLC will notify you of
these changes. In such case, you
will be required to reconfirm your
agreement to receive, and your
ability to access, such Required
Information in electronic form in
order to avoid any disruption in the
subscriptions, services or other
items provided to you under this
Agreement. You may, however, always
choose to withdraw your consent to
receive Required Information in
electronic form according to the
instructions set forth without the
imposition of any fees, but FTC
Networks, LLC may terminate your
Billing Account and any
subscriptions, services or other
items provided to you if you do so.
Consent to Receive All Information
in Electronic Form
YOU AGREE THAT BY ACCEPTING THE
TERMS IN THIS AGREEMENT, YOU CONSENT
TO RECEIVE REQUIRED INFORMATION, AND
ANY OTHER INFORMATION PROVIDED TO
YOU FROM FTC Networks, LLC, SOLELY
BY ELECTRONIC COMMUNICATION. YOU
ALSO CONFIRM THAT YOUR COMPUTER
SATISFIES THE HARDWARE AND SOFTWARE
REQUIREMENTS STATED ABOVE FOR
RECEIVING, ACCESSING, DISPLAYING,
PRINTING, AND STORING COPIES OF SUCH
REQUIRED INFORMATION, AND YOU
CONFIRM THAT YOU HAVE PROVIDED FTC
Networks, LLC A CURRENT E-MAIL
ADDRESS FOR RECEIVING REQUIRED
INFORMATION.
YOU MAY WITHDRAW YOUR CONSENT OR
UPDATE YOUR E-MAIL ADDRESS BY
VIEWING THE WEBSITE AT HTTP://FTCCHAT.NET
AND FOLLOWING THE INSTRUCTIONS
WITHIN. HOWEVER, IF YOU CHOOSE TO
WITHDRAW THIS CONSENT, FTC Networks,
LLC MAY TERMINATE YOUR BILLING
ACCOUNT AND ANY SUBSCRIPTIONS,
SERVICES OR OTHER ITEMS PROVIDED TO
YOU UNDER THIS AGREEMENT. |
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