This Site is operated by Fugly Media LLC. You may contact us at: firstname.lastname@example.org.
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
AGREEMENT TO USER CONDUCT
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
USER'S GRANT OF LIMITED
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.
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.
CHOICE OF LAW AND FORUM
SEVERABILITY AND INTEGRATION
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.