Fusfoo

IMPORTANT – READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE ACCESSING OR USING THIS FUSFOO MEDIA LLC WEBSITE LOCATED AT WWW.FUSFOO.COM (THE “WEBSITE”). THESE TERMS EXPLAIN THE CONTRACTUAL RELATIONSHIP BETWEEN YOU AND FUSFOO MEDIA LLC (“FUSFOO MEDIA” OR “COMPANY”).  THESE TERMS, WHICH INCLUDE OUR PRIVACY POLICY, GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PROMPTLY CEASE ACCESSING OR OTHERWISE USING THE WEBSITE.

Fusfoo Media may change these Terms at any time. You are responsible for checking these Terms from time to time. Your continued use of the Website signifies your acceptance of the then in effect Terms.

1. AUTHORITY

By accessing or otherwise using the Website, you certify that you are at least thirteen (13) years of age, and that, if you are acting on the behalf of any other party, you are authorized to act on behalf of such party. If you are under the age of eighteen (18) or age of majority in your state of residence, then you should review and discuss these Terms with your parent or legal guardian. Your continued access and/or otherwise use of the Website is deemed to be consent by your parent or legal guardian to you accessing or using the Website and agreement to be bound by these Terms.

2. INTELLECTUAL PROPERTY

The Website is owned by Fusfoo Media and operated by Fusfoo Media and its licensors.  All materials on or incorporated in the Website, including without limitation, all software, source code, data, text, graphics, photographs and sounds are protected by copyright, patent, trade secret or other intellectual property laws under U.S. and international laws and treaties. The compilation and arrangement of all content, data and other information found within the Website as well as, the meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Fusfoo Media and its licensors and protected under U.S. and international intellectual property laws and treaties. The trademarks, trade names, characters, logos or other images on the Website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Fusfoo Media or its licensors.

3. LICENSE

Subject to the terms and conditions set forth herein and any third party restrictions, Fusfoo Media  grants you a revocable, non-transferable, non-exclusive and non-sub-licensable limited right and license to view, use and access the Website on a computer, tablet device or mobile phone that you own or control to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by Fusfoo Media for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website; provided all Fusfoo Media or third-party copyright and proprietary notices contained on the original materials, as applicable, or any copies thereof remain intact.

4. PROHIBITED CONDUCT

You agree not to:

(i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Website, or any part thereof, in a manner other than as provided by Fusfoo Media;

(ii) copy, distribute, display, transmit or reproduce the Website, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise;

(iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Website, or any part thereof, including, but not limited to, using any part of Fusfoo Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise;

(iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder;

(v) use the Website in any manner that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Fusfoo Media, its affiliates, its licensors or any other third party;

(vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(vii) use the Website to harm minors in any way;

(viii) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using the Website;

(ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;

(x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(xiii) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks used to connect to the Website; or

(xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.

Without limiting the foregoing, you shall not:

(a) violate or attempt to violate the security of Fusfoo Technology;

(b) access data or materials not intended for you;

(c) log into a server or account which you are not authorized to access;

(d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or

(e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “mailbombing” or “crashing” Fusfoo Technology.

Violations of system or network security may result in civil or criminal liability. Fusfoo Media reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

By posting information or other materials on the Website or by making such information available for downloading by you, Fusfoo Media does not waive any proprietary right in and to the Website (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you, except for the limited license expressly granted herein.

5. YOUR USE OF THE WEBSITE

Your right to make use of the Website and any materials or content appearing on it (collectively, the “Content”) is subject to your compliance with these Terms. Modification or use of any Content on the Website for any purpose not permitted by these Terms may be a violation of Fusfoo Media’s or its licensor’s copyrights and /or trademarks and is prohibited.

You may access and display Content from the Website for non-commercial, personal, entertainment use on a single device only. The Content may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Fusfoo Media. Any authorization to copy any Content granted by Fusfoo Media in any part of the Website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use through a single device only, and is subject to your keeping intact all copyright and other proprietary notices.

Fusfoo Media does not endorse any Content Materials or any opinion, recommendation, or advice expressed on the Website, whether posted on an individual school’s channel or on the national portion of the Website, and Fusfoo Media expressly disclaims any and all liability.

 If you provide feedback to us regarding the Website or Content (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

6. COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others, and require that people who use the Website do the same.  It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.  For more information, please see our DMCA Policy.

7. INFRINGEMENT OF OTHER INTELLECTUAL PROPERTY RIGHTS

Fusfoo Media does not permit the infringement of intellectual property or other third-party rights on its Website, and Fusfoo Media has the right to remove any Content if notified that such Content infringes on another’s intellectual property or other rights. Fusfoo Media reserves the right to remove Content without prior notice.

8. DISCLAIMER OF WARRANTIES

YOU ACCESS AND USE THE WEBSITE AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FUSFOO MEDIA  AND ITS  PARENTS, SUBSIDIARIES, AFFILLIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS (COLLECTIVELY, THE “FUSFOO PARTIES”) DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, FUSFOO MEDIA  AND THE FUSFOO PARTIES  DO NOT REPRESENT OR WARRANT THAT (A) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THE DEFECTS IN THE WEBSITE WILL BE CORRECTED, (C) THE WEBSITE OR THE SERVERS THAT OPERATE THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THE CONTENT, DATA, RESULTS AND INFORMATION WITHIN THE WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, RELIABLE OR OTHERWISE; OR (E) THE WEBSITE WILL MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL FUSFOO MEDIA OR THE FUSFOO PARTIES BE LIABLE TO ANY PARTY  FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE, THE CONTENT  OR ANY OTHER  MATERIAL OR  INFORMATION ON THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FUSFOO OR THE FUSFOO PARTIES  IS TO DISCONTINUE YOUR USE OF THE SERVICES AND THE WEBSITE   IN NO EVENT WILL FUSFOO’S OR THE FUSFOO PARTIES AGGREGATE LIABILITY WITH RESPECT TO THE USE OF THE WEBSITE EXCEED THE AMOUNT OF $25.00 U.S. DOLLARS. THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FUSFOO MEDIA. LINKS AND/OR ADVERTISEMENTS MAY BE PROVIDED ON THE WEBSITE TO OTHER WEBSITES OR ENTITIES. FUSFOO MEDIA ASSUMES NO RESPONSIBILITY OF ANY KIND FOR THE CONTENT, AVAILABILITY OF OR PRODUCTS OF THESE OTHER WEBSITES OR ENTITIES OR THE USE THEREOF. BY PROVIDING LINKS TO OTHER WEBSITES, IT IS UNDERSTOOD THAT FUSFOO MEDIA DOES NOT ENDORSE SUCH WEBSITES, THEIR CONTENT OR ANY RELATED PRODUCTS OR SERVICES.  FUSFOO MEDIA IS NOT LIABLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. TO THE MAXIMUM EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE, RESULTING FROM ANY USE OF THE WEBSITE, THE INFORMATION PROVIDED ON THE WEBSITE, ANY CONTENT POSTED ON THE WEBSITE, ANY CONTENT TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fusfoo Media, the Fusfoo Parties, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, liabilities, claims, damages and costs, including reasonable attorneys’ fees, resulting from: (a) any violation of these Terms; (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account; (c) your use of the Website; and (d) any Content submitted by you or on your behalf, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive the termination or expiration of these Terms and your use of the Website.

11.  ACCESS TO WEBSITE

There is no charge to access and browse the Website.  However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. You shall be responsible for obtaining access to the Website and for all equipment necessary to access the Website and you acknowledge that obtaining the foregoing may involve such third-party fees.  The software for the Website may be upgraded from time to time to add support for new functions and services which may have an effect on the type of equipment and operating systems that will be compatible with the Website.

12. SECURITY

Fusfoo Media uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to Fusfoo Media and information stored on servers controlled by Fusfoo Media. Notwithstanding these efforts, Fusfoo Media cannot guarantee the confidentiality or security of such electronic communications or storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

13. TERMINATION/SUSPENSION

You agree that Fusfoo Media, at its sole discretion, may terminate or suspend your access to and use of the Website, or any part thereof, at any time and for no reason, or any reason whatsoever, including, without limitation, if Fusfoo Media believes that you have violated or acted inconsistently with these Terms.  Fusfoo Media reserves the right at any time to modify or discontinue, temporarily or permanently the Website, or any part thereof, without notice. You agree that Fusfoo Media and the Fusfoo Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or your access or of your use thereof.  Any provision of these Terms that by its nature survives shall survive termination, expiration or cancellation of these Terms including, but not limited to, the limitation of liability and indemnification provisions.

14. APPLICABILITY OF CONTENT

The Website is intended for residents of the United States and is operated in the State of New York, United States of America. Fusfoo Media and the Fusfoo Parties make no representation that the Website or Content is applicable or appropriate for use in jurisdictions other than the United States of America. If you access the Website from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your use of the Website you may not view or use the Website.

15. DOWNLOADING OF CONTENT

Fusfoo Media or one of its licensors may provide the ability to download a copy of certain Content for a posted price which shall be subject to these Terms and any additional terms and conditions that may be provided in connection with such transaction.  Any purchase of Content from a specific school’s channel may be subject to any additional terms and conditions that may be posted on such school’s channel.   

16. UPLOADING OF CONTENT

Content may be uploaded to the Website only by an authorized school supervisor (“Designated Supervisor”) or by Fusfoo Media.  Any attempt to upload Content on the Website or on a specific school’s channel by a party other than a Designated Supervisor, or Fusfoo Media, as applicable, shall be deemed unauthorized Content and a violation of these Terms.  Fusfoo Media and the applicable school shall have the right to seek all legal, equitable and disciplinary remedies available for a violation of this provision.

Fusfoo Media reserves the right not to use any Content or use as much or as little of any Content as it chooses, subject to these Terms. Fusfoo Media also reserves the right to use, remove, edit, modify, reproduce, publish, create derivative woks from, and/or re-use Content without prior notice, as well as the right to, store Content – whether then in use or not in use – without any obligation to back up or otherwise maintain such Content.

17.  ASSIGNMENT

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

18. PRIVACY POLICY/SALE OF COMPANY

Fusfoo Media’s privacy policy may be found at privacy policy.  In the event that  Fusfoo Media is transferred, assigned, merged with or sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume the Fusfoo Media’s obligations as to these Terms and the Privacy Policy.

19. GOVERNING LAW

These Terms shall be governed by and construed under the laws of the State of New York applicable to agreements made and fully performed therein.  You consent to the exclusive jurisdiction and venue of the federal and state courts located in the County and State of New York for any action arising out of or relating to these Terms. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.

20. GENERAL

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 Fusfoo Media or any of the Fusfoo Parties, all of which are expressly reserved.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fusfoo Media.

If you have any questions regarding these Terms or the Website, please contact us at Fusfoo Media LLC, 520 8th Avenue, 20th Floor, New York, NY 10018 or email at: info@fusfoo.com.