Quick Guide to Contents
I. MOBILE DEVICES
II. CHANGES TO THIS AGREEMENT
III. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
IV. ACCOUNTS, SECURITY
V. USER CODE OF CONDUCT
VII. DISCLAIMER OF WARRANTIES
IX. LIMITATIONS ON LIABILITY
XI. MODIFICATION/TERMINATION BY FHNY
XIII. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
XIV. INTERNATIONAL USE/U.S. EXPORT CONTROLS
XV. THIRD-PARTY MERCHANTS
XVI. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
XVIII. INTERACTIVE SERVICES AND USER MATERIALS
XIX. SUBSCRIPTION SERVICES
XXII. COPYRIGHT AND TRADEMARK NOTICE
This site or application is owned or managed by Famously Hot New Year, LLC ("FHNY") which operates or manages one or more websites or applications (each a "FHNY Site," and collectively the "FHNY Sites").
Certain products or services offered by this and/or other FHNY Sites (each a "FHNY Internet Service," and collectively "FHNY Internet Services"), and certain areas within this and/or other FHNY Sites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or FHNY Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or FHNY Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY FHNY SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY FHNY SITE MAY BE TERMINATED IMMEDIATELY IN FHNY'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
By using this FHNY Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this FHNY Site (collectively, "Device"); and (d) you will access and use this FHNY Site in accordance with this Agreement.
Some parts of this FHNY Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the FHNY Site content.
If permitted or available through the applicable FHNY Internet Service, to (a) upload content to this FHNY Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this FHNY Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which FHNY makes the FHNY Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the FHNY Internet Service, including, but not limited to, if this FHNY Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the FHNY Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with FHNY's or this FHNY Site's operations or the FHNY Internet Service. Any equipment or software causing interference will be immediately disconnected from the FHNY Internet Service and FHNY will have the right to immediately terminate this Agreement. If any upgrade in or to the FHNY Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current FHNY Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the FHNY Internet Service.
FHNY reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. FHNY will provide notice of such change on this FHNY Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this FHNY Site and/or FHNY Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this FHNY Site and/or the FHNY Internet Service to which the changes may apply.
FHNY has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement, by clicking here, and by using this FHNY Site you agree to the terms of the Privacy Statement.
If a particular FHNY Site or FHNY Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify FHNY immediately of any unauthorized use of your account. FHNY is not 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. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular FHNY Internet Service.
In accessing and using this FHNY Site and/or the FHNY Internet Services, you agree that you will not:
Except where otherwise provided, access to and use of this FHNY Site and the FHNY Internet Services offered through it are currently available without charge. FHNY reserves the right to charge a fee for access to or use of this FHNY Site, or any FHNY Internet Service available on this FHNY Site at any time in the future. Your access to or use of this FHNY Site before such time does not entitle you to use of this FHNY Site without charge in the future.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS FHNY SITE AND/OR FHNY INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS FHNY SITE OR FHNY INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. FHNY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS FHNY SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS FHNY SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FHNY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. FHNY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS FHNY SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS FHNY SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. FHNY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS FHNY SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
FHNY IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR FHNY INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FHNY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall FHNY, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this FHNY Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this FHNY Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this FHNY Site or any information, software, products, services, and related graphics obtained through this FHNY Site; (vi) any transactions entered into through this FHNY Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this FHNY Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this FHNY Site and FHNY Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if FHNY has been advised of the possibility of damages.
You agree to indemnify and hold harmless FHNY, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this FHNY Site and any related FHNY Internet Service and/or software. You agree to cooperate fully with FHNY in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
FHNY reserves the right, in its sole discretion, to modify, suspend, or terminate this FHNY Site and/or any portion thereof, including any FHNY Internet Service, and/or your account, password, or use of any FHNY Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a FHNY Internet Service removes your authorization to use the FHNY Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, FHNY shall not be liable to you or any third party for any termination of your access to a FHNY Internet Service.
Any software that is made available to access, use, view and/or download in connection with a FHNY Site or FHNY Internet Service ("Software"), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by FHNY and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. FHNY accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
Accessing materials on this FHNY Site by certain persons in certain countries may not be lawful, and FHNY makes no representation that materials on this FHNY Site are appropriate or available for use in locations outside the United States. If you choose to access this FHNY Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this FHNY Site. No software or any other materials associated with this FHNY Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a FHNY Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
This FHNY Site may enable you to order and receive products, information and services from businesses that are not owned or operated by FHNY. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. FHNY does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. FHNY will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the FHNY Internet Service.
FHNY may display advertisements for the goods and services of a third party on the FHNY Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. FHNY does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this FHNY Site.
You may be invited or asked to attend FHNY-sponsored events or events held by other members and users of this FHNY Site which are not in any way associated with FHNY at various locations throughout the United States (collectively, "Events"). Your participation in any Events is at your own risk and you agree to release and hold FHNY, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by FHNY in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by FHNY and we may use you or your minor children or wards' name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.
This FHNY Site may offer certain FHNY Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, "FHNY Interactive Services"). Additional Terms may cover FHNY Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available FHNY Internet Services may change from time to time in FHNY's sole discretion. You may participate in the FHNY Interactive Service by completing the registration form where one is provided.
FHNY does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a FHNY Site by you or other users (collectively, "User Materials"). FHNY is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, FHNY reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. FHNY is not responsible or liable for damages of any kind arising from any User Materials even when FHNY is advised of the possibility of such damages, or from FHNY's alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials delivered to this FHNY Site using your account. Any violation of these provisions can subject your FHNY account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by FHNY will not infringe or violate the rights of any third party in any manner.
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material in connection with this FHNY Site and/or a FHNY Interactive Service, whether solicited or unsolicited, you are granting FHNY and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. FHNY also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.
The information and opinions expressed in User Materials appearing on this FHNY Site are not necessarily those of FHNY or its content providers, advertisers, sponsors, affiliated or related entities, and FHNY makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. FHNY does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and FHNY has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this FHNY Site is "public," and in addition to the license granted to FHNY, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Material on this FHNY Site which violates these Terms, please contact us at email@example.com. Please provide as much detail as possible, including a copy of the underlying material, the location where FHNY may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, FHNY will only remove User Materials if FHNY believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled "Copyright Infringement."
Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this FHNY Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this FHNY Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that FHNY, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
Referral Programs and "Forward to a Friend" Opportunities
The FHNY Site may offer referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, U.S.-based email addresses, mobile telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the FHNY Internet Service. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi), and be able to register for the FHNY Internet Service, or otherwise use the FHNY Internet Service. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the FHNY Internet Service. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this FHNY Site, any FHNY Internet Service, or any third party for any reason. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the FHNY Internet Service, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the FHNY Internet Service. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges in connection with messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to discontinue the FHNY Internet Service to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the FHNY Internet Service to communicate to a Referred Person (or any third party), you agree not to use such FHNY Internet Service to harm the Referred Person or any other third party, and/or use such FHNY Internet Service in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
For any voting/rating features that are available on this FHNY Site, you must follow instructions on this FHNY Site to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. FHNY assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual it finds to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
This FHNY Site may offer certain FHNY Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "FHNY Subscription Services"). By registering for a FHNY Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms.
Any sweepstakes, contests, games and/or promotional offers accessible on this FHNY Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this FHNY Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this FHNY Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this FHNY Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of South Carolina, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this FHNY Site and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in Richland County, South Carolina. You agree to submit to the personal jurisdiction of the courts of the State of South Carolina for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall 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. Unless expressly provided otherwise, this Agreement is the entire agreement between you and FHNY with respect to the use of this FHNY Site and shall not be modified except in writing, signed by an authorized representative of FHNY.
If you have any questions concerning this Agreement, you may send them by email to firstname.lastname@example.org. You must send any official correspondence via postal mail to:
Famously Hot New Year, LLC
P.O. Box 12162
Columbia, SC 29211
Use of Intellectual Property
The FHNY Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, FHNY logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by FHNY or by other parties that have provided rights thereto to FHNY.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this FHNY Site, in whole or in part, without the express written permission of FHNY.
Other trademarks, service marks, product names and company names or logos appearing on this FHNY Site that are not owned by FHNY may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this FHNY Site, or frame this FHNY Site, or any web page or material herein, nor may any entity include a link to any aspect of this FHNY Site in an email for commercial purposes, without the express written permission of FHNY. Further, unless otherwise expressly permitted, you agree not to link to FHNY's Intellectual Property so as to cause you or anyone else to access FHNY's Intellectual Property other than through this FHNY Site.
You may inquire about obtaining permission by writing:
c/o Legal Department
Famously Hot New Year, LLC
P.O. Box 12162
Columbia, SC 29211
By Facsimile: (800) 866-249-0126
Email: Contact Us
FHNY respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this FHNY Site, you are granting permission to have this material posted on this FHNY Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. FHNY reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights FHNY may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
c/o Legal Department
Famously Hot New Year, LLC
P.O. Box 12162
Columbia, SC 29211
By Facsimile: (800) 866-249-0126
By Email: Contact Us
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing 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 FHNY to locate the material.
(iv) Information reasonably sufficient to permit FHNY to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
This Agreement was last modified on September 26, 2012.