OWNER OF THIS SITE AND RESPONSIBLE FOR ALL CONTENT:
P.O. box 86721
Los Angeles, California
These terms and conditions regarding your use of the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES constitute a legally binding agreement between you and Fern R. Mitchell (” FRM”, “we”, “us” or “our”).
We require each user to have a unique user name and password combination and to provide us with certain information in order to use the features and functions of the Site and we may, from time to time, also provide users with additional codes or passwords necessary to perform certain functions on the Site. First, please read our Privacy Statement, which describes how we collect and use your personal information. You will then choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you. You are solely responsible and liable for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party.
It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us.
You are solely responsible for maintaining the strict confidentiality of your user name and password and for any changes and updates you may incur. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. We have the right to disclose your User Information to third parties for the purpose of administering and maintaining services on the Site. We respect the privacy of the contents of users’ e-mail and messages; however, we reserve the right to monitor, edit or disclose any information about your use of the services on the Site and/or such contents, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this agreement, or to protect the interests of our members and others. The amount of storage space per user is limited. Some Messages may not be processed due to space constraints or outbound message limitations. We assume no responsibility for deletion of Messages or any failure to store, receive or deliver Messages in a timely manner or any other matter relating to Messages. If you elect to become a subscriber to the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES, you agree to your subscription terms. You may subscribe to FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES indefinately. If not terminated (opt-out), your FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES will automatically continue.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this agreement. We will post or display notices of changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
3. LICENSE TO FRM MEMBER SERVICES
FRM grants to you a limited, non-exclusive, non-transferable license to access and use the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES for personal non-commercial purposes only. If you subscribe to any of the FRM Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions may result in the immediate termination of your right to use the FRM Services. FRM reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE FRM MEMBER SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. The features and functions of the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES include chat rooms, message boards, electronic mail services, messaging services, shopping, registration and member profile pages, life stream television, video download, radio services and self presentation.
The extent to which these functions may be used will be dependent on your membership status.
4. TERM AND TERMINATION OF MEMBERSHIP
This Agreement will remain effective until terminated by you or terminated by us. If you wish to terminate your FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES, simply click “Cancel membership” on your user account. You have the right to terminate your FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES at any time. If you terminate your FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES at any time after the first day of the subscribed period or any subsequent period, you agree that you will pay all fees entirely for that according period.
You agree that you will not:
5.1 use the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES to reproduce copyrighted materials;
5.2 make the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES available over a network where it could be used by others;
5.3 provide your password to any other person;
5.4 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES or any portion of them;
5.5 circumvent any technology used by FRM or its licensors to protect content accessible via the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES;
5.6 use the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES in any way that violates the terms of this Agreement.
As between you and FRM, you acknowledge that FRM owns or has a license to all title and copyrights in and to the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES. All title and intellectual property rights in and to the licensed content in the FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
7.1 THE FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES AND ANY LICENSED CONTENT ARE LICENSED TO YOU “AS IS.” ANY USE OF THE FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FRM MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FRM DISCLAIMS ANY LIABILITY RELATING THERETO.
7.2 FRM MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE FRM SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, FRM MAY MODIFY, SUSPEND, OR DISCONTINUE THE FRM SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER FRM ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE FRM SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
7.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. FRM DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
7.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE FRM SERVICES. FRM WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
7.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE FRM SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT FRM ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
FRM respects your privacy and the use and protection of the personal information (including any personal information you provide as part of the User Information you give us). Please see our Privacy Statement for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site.
Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others. Postings do not reflect the views of FRM and FRM does not monitor, endorse, edit or screen any Postings, nor shall FRM be liable for any Posting that is in violation of this agreement. In no event shall FRM have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the services; and/or (d) use any technological, legal, operational or other means available to FRM to enforce the provisions of this agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on fernmitchell.com.
If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize FRM to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant FRM the right to use such Posting as described above; and (d) FRM has the right to delete, re-format and/or change your Posting in any manner that FRM may determine (although you will not be responsible for any changes made by FRM).
10. LIMITATION OF LIABILITY
10.1 IN NO EVENT WILL FRM BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF FRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FRM OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
10.2 FRM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE FRM SERVICES AT ISSUE.
YOU WILL INDEMNIFY AND HOLD FRM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE FRM FREE MEMBERSHIP SUBSCRIPTION SERVICES.
12. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, FRM or any of its subsidiaries, affiliates, agents, representatives, licensees or suppliers. FRM does not verify, endorse, or have any responsibility for any such third party sites, nor for any goods or services associated with or obtained in connection with any such site. If any third party site obtains or collects personally identifiable information from you, in no event shall FRM assume or have any responsibility or liability. Please read our Privacy Statement, which describes how FRM collects and uses your personal information.
13. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This agreement, together with our Privacy Statement and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and FRM and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the FRM MEMBERHIP SERVICES. This agreement cannot be changed or terminated orally. If any provision of this agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of Austria applicable to contracts made, executed and wholly performed in Vienna, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Justice Courts situated in Vienna, Austria and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenient or otherwise.
We are committed to protecting our users’ privacy. Keeping the information you share with us on the Site secure and ensuring your understanding of how we collect, use and maintain your information is important to us at FRM. We maintain physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your information. We continually assess new technology for protecting information and, when appropriate, we upgrade our information security systems.
Disclosure (General): Although your privacy is very important to us, in this legal and technical environment, we cannot fully ensure that your personally identifiable information will not be disclosed to third parties. Please see “Disclosure to Third Parties”, below, for more information.
Overview: This Privacy Statement is intended to explain our privacy practices and inform you as to:
the kinds of information we collect from users of the Site and how that information is collected;
how we use the information;
the circumstances under which we disclose information to third parties;
how you can access, update or delete any information collected about you by us; and
the mechanisms we have implemented to protect your personally identifiable information.
You can visit the Site and learn about our company and its Products, as well as certain goods and services available from our advertisers and suppliers.
Personally Identifiable Information: When we use the term “personally identifiable information” we mean information such as your full name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personally identifiable information also includes information about your transactions or relationship with us, if you have been a customer or you have provided this type of information to any of the FRM associates. For example, if you subscribe any of our Post, in addition to your name and contact information, we will also collect and maintain your other information, a number, and information about your computer’s internet address and web site which may have referred or directed you to the Site (e.g., the referring URL). We collect this and other information to unique document your input and to communicate with you about your submitted materials.
Although we may track the numbers of visitors to inform us on how best to update the Site and enhance the experience for all visitors, personally identifiable information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display relevant information.
We collect personally identifiable information about you when you visit the Site and input information, whether you are registering to use the Site, enrolling or signing up for features and functions, participating in Promotions or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including personally identifiable information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences.
Some features and functions of the Site require you to register or obtain our permission before you can use them – for security, identification and marketing reasons, among others – and as part of that process we may ask you to provide us with certain personally identifiable information. In addition, during the registration process we will also ask you to select (or we may provide) a user ID and password (we will allow you to change your password, as well as any personally identifiable information you have given us in order to keep this information current). Among other things, this information helps us securely identify you as a registered or permitted user of those features and functions.
Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.
The personally identifiable information you provide to us, as well as any information, personal or otherwise, that you create and which may be saved on or in association with the Site, is used to provide you with better service. It allows us to save you time and and better understand your interest. It also helps us help you learn more about your preferences and those services that may be of interest to you. For example, we track your information to assist us in confirming reports, maintaining quality control, administering and managing the Site. Whenever it may become necessary or appropriate, to contact you concerning your questions or otherwise, your transactions or any other activities associated with the Site. We may use your personally identifiable information to advise you of services, which may be available from FRM. If you are a registered user, you also acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site and its functions and features, in connection with your registration and use of the Site.
Cookies: We don’t make use of ‘cookie’ technology to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. This, includes:
keeping count of your return visits to the Site or partners’ sites;
accumulating and reporting aggregate, statistical information in connection with the Site;
determining which features users like best; and
saving your user ID, your password or other information so you don’t have to re-enter it each time you visit the Site.
Third Parties on our Site: Our Site may contain advertisements, references and links to other web sites and organizations. We don’t use third parties to display or serve advertising on the Site and our web-based newsletters. Often these third party advertising companies employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules may apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other web sites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours, and even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information and we encourage you to investigate and ask questions directly of them in this regard.
Disclosure to Third Parties: Except as described in this Privacy Statement, FRM uses good faith efforts not to provide third parties with access to your personally identifiable information. We will not, make your personally identifiable information available to others:
When we have your consent (you “opt in”) to do so, in which case their use of your information is subject to their own privacy policies;;
We do not sell or market your personally identifiable information to unaffiliated organizations.
Summary: Our privacy guidelines are designed to ensure that we:
You may “opt out” of receiving e-mails from us via the “Un/Subscribe” link on the FRM.com on the home page.
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