This Site is operated by Fugly Media LLC. You may contact us at: info@fugly.com.
Fugly Media, LLC. (hereafter "Lorenzo") provides visitors to its Web site with access to content via the World Wide Web and offers the opportunity for users to submit text, pictures, video and other content for posting on the Fugly.com Web site (the "Site") under certain terms and conditions.
ACCEPTANCE OF THESE TERMS
AND CONDITIONS THROUGH USE
By using this site, you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Terms of Use"). We reserve
the right, at our discretion, to update or revise these Terms of Use. Please
check the Terms of Use periodically for changes. Your use of this site following
the posting of any changes to the Terms of Use will be deemed your acceptance
of such change(s).
AGREEMENT TO USER CONDUCT
RULES
You agree to abide by Lorenzo's User Conduct Rules, including but not
limited to, agreeing not to use this site for any unlawful purpose:
By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter "Content") that:
1. is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy or publicity rights, tortuous, or otherwise violates Lorenzo's rules or policies;
2. infringes on any patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party;
3. constitutes unauthorized or unsolicited advertising, chain letters, any other
form of unauthorized solicitation, or any form of lottery or gambling;
4. contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning of
any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
5. contains information, material, or pictures of any person who is not both
older than eighteen (18) years old and over the age of majority in such person's
state, providence, or country of residence.
You also agree that you will not harvest or collect information about the users
or members of this Site or use such information for the purpose of transmitting
or facilitating transmission of unsolicited bulk electronic e-mail or communications.
You further agree that you will not knowingly solicit or collect personal information
from a child 12 years old or younger. Lorenzo generally does not pre-screen,
monitor, or edit the content posted by users of communications services, chat
rooms, message boards, or other interactive services that may be available on
or through this site. However, Lorenzo and its agents have the right
at their sole discretion to remove any content that, in Lorenzo's judgment,
does not comply with the User Conduct Rules or is otherwise harmful, objectionable,
or inaccurate. Lorenzo is not responsible for any failure or delay in
removing such content.
LINKS AND THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other
sites on the Internet. These sites may contain information or material that
some people may find inappropriate or offensive. These other sites are not under
Lorenzo's control, and you acknowledge that Lorenzo is not responsible
for the accuracy, copyright compliance, legality, decency, or any other aspect
of the content of such sites. The inclusion of such a link does not imply endorsement
of the site by Lorenzo or any association with its operators.
PROPRIETARY RIGHTS AND RESTRICTIONS
You acknowledge and agree that all content and materials available on this site
are protected by copyrights, trademarks, service marks, patents, trade secrets,
or other proprietary rights and by other laws and that their use is restricted
by the terms of this Agreement. Lorenzo, the Lorenzo product
and service names are trademarks and/or service marks of Lorenzo (the
"Lorenzo Marks") and are owned exclusively by Lorenzo.
You will not display or use the Lorenzo Marks, in any manner, without
Lorenzo's prior permission. Except as expressly authorized by Lorenzo,
you agree not to sell, resell, exploit for any commercial purposes, license,
rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative works from any
portion of such materials or content. Notwithstanding the above, you may print
or download one copy of the materials or content on this site on any single
computer for your personal, non-commercial use, provided you keep intact all
copyright and other proprietary notices. Systematic retrieval of data or other
content from this site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from Lorenzo
is prohibited. In addition, use of the content or materials for any purpose
not expressly permitted in these Terms of Use is prohibited.
USER'S GRANT OF LIMITED
LICENSE
By posting or submitting content to this site, you:
1. Grant Lorenzo
and its affiliates and licensees the world-wide, royalty free, irrevocable,
non-exclusive, and fully sublicensable right and license to use, reproduce,
display, perform, adapt, modify, alter, distribute, have distributed, and promote
the content in any form, anywhere and for any purpose; and
2. warrant and represent that you own or otherwise control all of the rights
to the content and that public posting and use of your content by Lorenzo
will not infringe or violate the rights of any third party.
PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site
in a way that constitutes copyright infringement, you may notify Lorenzo.
Visit: http://www.fugly.com/copyright/ for instructions.
PROCEDURE FOR REPORTING
VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
If you believe that your privacy rights or publicity rights have been violated
by information or material that is accessible on this site, you may notify Lorenzo.
Visit http://www.fugly.com/contact/ for instructions.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. Lorenzo, ITS SUBSIDIARIES, AND ITS LICENSORS
DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS
SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL
VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE
SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE
TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD
OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Lorenzo, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Lorenzo HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Lorenzo'S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
INDEMNIFICATION
You agree to indemnify and hold Lorenzo, and its parent, subsidiaries
and affiliates and their respective officers, directors, agents, co-branders
and other partners, contractors, and employees, harmless from and against any
and all claims, expenses, and demands, including attorneys' fees, made by any
third party due to, arising out of, or asserted in connection with your use
or misuse of this Site, including claims relating to content you submit, post
to or transmit through this site, and your connection to and use of this Site.
Lorenzo reserves the right to have control of any defense and control
of any matter otherwise subject to indemnification by you. You agree to cooperate
with Lorenzo in asserting any available defenses.
INTERNATIONAL USE
Lorenzo makes no representation that materials on this Site are appropriate
or available for use in any particular locations, and accessing them from territories
where their contents are illegal is prohibited. Those who choose to access this
Site from any location do so on their own initiative, at their own risk, and
are responsible for compliance with local laws. If you use this Site in a jurisdiction
that prohibits or restricts such use, your use will be subject to, without limitation,
any other provision of the Terms of Use, and Lorenzo shall not have
any liability with respect to such use.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of Maryland, excluding its conflicts of law rules. You expressly
agree that the exclusive jurisdiction for any claim or action arising out of
or relating to these Terms of Use or your use of this Site shall lie only in
the state courts of Maryland and you further agree to and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating any such
claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement
between you and Lorenzo with respect to this site and supersedes all
prior or contemporaneous communications and proposals (whether oral, written,
or electronic) between you and Lorenzo with respect to this Site. If
any part of these Terms of Use is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
TERMINATION
Lorenzo reserves the right, in its sole discretion, to terminate your
access to all or part of this Site, with or without notice, for any reason,
including, without limitation, if Lorenzo believes that you have violated
or acted inconsistently with the letter or spirit of these Terms of Use. This
includes Lorenzo's right to terminate a user's ability to post materials
to the Site. You acknowledge that Lorenzo shall not be liable to you
or any third party for any termination of your access to this Site.
Fugly Media LLC ("Fugly Media") has the right to edit and/or alter any submission (the "Submission(s)") made by You. Fugly Media reserves the right not to use the Submission(s) at all and/or to use as much or as little of the Submission(s) as it chooses, subject to these Terms. Fugly Media also reserves the right to use, remove, and/or re-use Your Submission(s) without prior notice as well as the right to store Your Submission(s) – whether then in use or not in use – without any obligation to You to back up Your Submission(s).
By submitting Your videos/photos, for good and valuable consideration, the sufficiency and receipt of which You hereby acknowledge, You hereby grant to Fugly Media a non-exclusive, perpetual, worldwide, fully paid and royalty-free, transferable, and sub-licensable, license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit in any manner the materials You submit, or any portion thereof, in or in connection with any of Fugly Media and any of its affiliates' websites, programming, platforms and/or applications, and in connection with the promotion, marketing and advertisement of any of the foregoing (the manner, mode and extent of which are subject to change without notice to You), in any manner and in any medium or forum, whether now known or hereafter devised, throughout the world and the universe. You represent and warrant to Fugly Media that You have the full legal right, power and authority to grant to Fugly Media the license provided for herein, that You own or control the complete Submission(s). This license shall be governed by the laws of the State of Maryland.
You agree that Your Submission(s), and the exercise of the rights granted herein, pursuant to these Terms, does not and will not violate any applicable U.S. or state laws or regulations, or cause a breach of any agreement(s) with any third parties; and that none of the Submissions will infringe any copyright, invade any right of privacy, right of publicity, contain any libelous or slanderous material, or infringe or violate any intellectual property right or other right (including common law rights) of any other person or entity.
By submitting Your Submission(s), You agree to defend, protect, indemnify and hold harmless Fugly Media and its parents, subsidiaries, related entities, partners, and each of its and their current and former officers, directors, partners, employees, agents, servants, heirs, administrators, executors, licensees, predecessors, successors, affiliates, subsidiaries, parents, representatives and assigns, jointly and severally, from and against any and all rights, claims, debts, demands, acts, agreements, liabilities, obligations, damages (including, without limitation, consequential and/or punitive damages), costs, fees (including, without limitation, those of attorneys), expenses, actions, and/or causes of action of every nature, character and description, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, in law or equity in connection therewith which arise out of and/or relate to Your Submission(s) and/or Fugly Media or any of its affiliated entities' use and/or loss of Your Submission(s).
You acknowledge that the internet may be subject to breaches of security and that Your Submission(s) may not be secure. You further acknowledge that Your Submission(s) will be non-confidential, and that by submitting Your Submission(s) and/or by the use of Your Submission(s) You are not creating a confidential, fiduciary or other type of special relationship and that Your decision to submit Your Submission(s) does not place Fugly Holdings or any of its affiliated persons or entities in a position different from that held by members of the general public, including with regarding to Your Submission(s).
You agree that Fugly Media and/or its affiliated entities display content owned or licensed by such entity (the "Fugly Media Content"). You agree that the Fugly Media Content is protected by U.S., international and/or common law copyright, Trademark and other laws, and that Fugly Media and/or its affiliated entities own and retain all rights in and to the Fugly Media Content. The Fugly Media Content may not be copied, imitated or used, in whole or in part, whether altered or unaltered, by You without the prior written permission of Fugly Media.
By agreeing to these Terms, You warrant and represent that You have full and complete authority to agree to these Terms for Your Submission(s), and that You are acting within the scope of that authority.
Any provision of these Terms which is invalid, illegal, or unenforceable in any jurisdiction shall, solely as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provisions of these terms invalid, illegal or unenforceable in any other jurisdiction.
Nothing in these Terms shall be construed as a waiver or relinquishment of any right, remedy, or defense possessed by Fugly Media or any of its affiliated entities, all of which are expressly reserved.