This Agreement details the legally binding terms for use of the Website and your Membership with FlitterWeb. FlitterWeb may modify this Agreement from time to time and you agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted to the FlitterWeb website. It is the responsibility of the Member to keep abreast of changes in this Agreement.
FlitterWeb reserves the right, in its sole discretion, to reject, or remove any posting by any Member, or to restrict, suspend, or terminate a Member's access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
Term. This Agreement shall remain in full force and effect while you use FlitterWeb. You may terminate your membership at any time, for any reason. FlitterWeb may terminate your membership at any time, for any reason. If FlitterWeb terminates your Membership, you shall not be entitled to the refund of any unused portion of subscription or sponsorship fees. Even after membership is terminated, this Agreement will remain in effect, including sections 4, 5, 7, 9, 10, 11, 12, & 13.
Non Commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FlitterWeb. Appropriate legal action, including but without limitation, civil, criminal, and injunctive redress will be taken by FlitterWeb for any illegal or unauthorized use of the Website.
Proprietary Rights in Content on FlitterWeb. FlitterWeb owns and retains all proprietary rights in the Website and the Service. Except for that information which is in the public domain or for which you have been given written permission (either by letter or electronic mail), you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted using the Service.
- Members must be 16 years of age or older and that they are eligible to enter into this Agreement
- Members take full responsibility for the content they publish on FlitterWeb
- Members warrant that use of FlitterWeb complies with all local laws and statutes
Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. FlitterWeb may display content on the Website that is copyrighted by a third party. Any suspected infringement of copyright should be reported to: Business@FlitterWeb.com
Member Disputes. You are solely responsible for your interactions with other FlitterWeb Members.
Disclaimers. FlitterWeb is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. FlitterWeb is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FlitterWeb assumes no responsibility 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, any user or Member communication. FlitterWeb is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall FlitterWeb be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. FlitterWeb reserves the right to change Esteem thresholds, privileges, privilege titles, and any other system, protocol, or setting on the Website without notice or compensation. The Website and the Service are provided "AS-IS" and FlitterWeb expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FlitterWeb cannot guarantee and does not promise any specific results from use of the Website and/or the Service. FlitterWeb does not guarantee the availability of the Service. No advice or information, whether oral or written, obtained by user from FlitterWeb or through or from the service shall create any warranty not expressly stated herein.
Limitation on Liability. IN NO EVENT SHALL FlitterWeb BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF FlitterWeb HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FlitterWeb's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO FlitterWeb FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, Los Angeles County.
Indemnity. You agree to indemnify and hold harmless FlitterWeb, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Other. This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and FlitterWeb regarding the use of the Website and/or the Service. The failure of FlitterWeb to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
- FlitterWeb may review and delete any content, links, photos or profiles (collectively, "Content") that in the sole judgment of FlitterWeb violate this Agreement or the general spirit of FlitterWeb.
- You are solely responsible for the Content that you publish on the Service or any material you send to other Members.
- By posting Content on any public area of FlitterWeb, you automatically grant as well as represent and warrant that you have the right to grant to FlitterWeb, an irrevocable, perpetual, non-exclusive, free of charge, worldwide license to use, copy, perform, display, and distribute such information and content to FlitterWeb and that FlitterWeb has the right to prepare derivative works of, or incorporate into other works, such information and content without liability or payment to you.
- By using the Service you agree not to transmit content that:
- contains pornography or any highly sexualized or fetishized material;
- promotes racism, hatred or physical harm of any kind against any group or individual;
- harasses or defames another person;
- contains or promotes "junk mail" or "spam";
- involves commercial activities and/or sales without FlitterWeb's prior written consent such as giveaways or pyramid schemes;
- contains or provides information about an illegal or unauthorized copy of copyrighted work;
- provides material that exploits people under the age of 18 in a sexual or violent manner; or
- provides instructional information about illegal activities;
- includes information from private or proprietary websites or other non-public sources.
- Even though all of this is strictly prohibited, FlitterWeb does not guarantee the removal of these items and Members may be exposed to such items. You further waive your right to any damages (from any party, including FlitterWeb) related to such exposure.