|Binding contract between you and FMA.com
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE FMA.com WEBSITE (hereinafter "Site"). This Site is fully controlled and operated by FMA.com (hereinafter "FMA.com"). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of FMA.com (the "Agreement").
If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, we may occasionally notify you by email about changes to the Site or provide notices of changes by displaying notices or links to notices to you generally on the Site. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
OWNERSHIP OF INTELLECTUAL PROPERTY: All software, design, text, photographs, images, illustrations, audio, video, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, trademarks, service marks, trade names, trade dress, look and feel, patentable material and other Intellectual Property (hereinafter "Int. Prop.") are the property of FMA.com and or its subsidiaries, affiliates or assigns, licensers or other owners. Said Int. Prop. are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. FMA.com hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Int. Prop. to any third party, including, without limitation, the display or distribution of the Material, without the express prior written consent of FMA.com. Additionally, you agree not to disassemble, de-compile, reverse engineer or otherwise modify the Int. Prop. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable international, federal and state laws. You agree that your use of the site and services are subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of any transmissions through the Services for which you are responsible or which occur through the use of your password.
Any dealings with third parties, including advertisers, included within the FMA.com web pages or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. FMA.com shall not be responsible or liable for any part of any such dealings or promotions. Links to third-party web sites from the Website are not necessarily under FMA.com's control, and FMA.com does not assume any responsibility or liability for any content, opinions or materials available at such third-party web sites. FMA.com does not investigate, monitor or check for accuracy such third-party web sites and FMA.com does not intend any such links to third-party web sites to imply FMA.com's sponsorship or endorsement thereof.
NO UNLAWFUL OR PROHIBITED USE: You agree to not use the FMA.com Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices, in any manner that could damage, disable, overburden, or impair any FMA.com site or service or interfere with any other party's use and enjoyment of same. You may not attempt to gain unauthorized access to the FMA.com Site, other accounts, computer systems or networks connected to the FMA.com Site, through any means.
USER SPECIFICALLY AGREES NOT TO: Distribute content intended to harass, abuse, threaten, impersonate any other individual or entity, and disseminate obscene, defamatory, indecent, harmful, libelous, and or unlawful material/information; Use the site or services for commercial purposes; Transmit or upload programs or material that contain harmful programs; Transmit or upload any material that contains software or other material that is protected by Int. Prop. laws and / or would infringe upon rights of privacy or publicity of a third party unless user owns or controls the rights thereto or has received a license, permission and / or consent thereto. Try to gain unauthorized access to the services; other users' accounts, or computers connected to the Services though password mining or other means; Interfere with another user's use and enjoyment of the site or services or any other individual's user and enjoyment of similar services.
TERMINATION: FMA.com may terminate the user's access to the FMA.com site and any services, at any time with or without cause. FMA.com shall not be liable to user or any other party for termination of the Services and all terms found herein are non-negotiable. User agrees that FMA.com is not liable for failure to monitor or edit messages placed on the site or via any of its services. FMA.com does not endorse the content of users' communications and does not assume liability for any action by any other user. Any material posted by a user shall be considered to be in the public domain and you authorize FMA.com to use said posting as FMA.com likes without any payment, without any liability, in any way or fashion FMA.com likes or desires, either alone or in combination with any other material, solely at FMA.com's discretion. By posting any Int. Prop. owned by another or the name, likeness or image of any individual you are specifically permitting FMA.com the right to use all such material, swearing that you have the right to grant all such rights to said material and you specifically agree to indemnify, hold harmless and defend FMA.com, its affiliates and assigns from any damages associated breach of this agreement or of any representations or warranties made by yourself or at your behest, including attorney's fees and any punitive damages and or costs associated in any way with said posting or your actions. Further, without limiting the latter, FMA.com may change said posting in any manner that FMA.com wishes. FMA.com shall not be liable for the use of said posting in any way, by any person or entity no matter what is done with said posting. You also agree to notify FMA.com of any knowledge of any user violating the terms and conditions herein. This Agreement is incorporated by reference in any other rules propounded on the FMA.com web page. If any conflict exists between these terms & conditions and any other rules, FMA.com shall have the right to decide which shall govern.
Headings. The article and section headings and the table of contents are for reference and convenience only and shall not be considered in the interpretation of this Agreement.
Intellectual Property. Nothing in this agreement shall constitute the assignment of any patents, trademarks, copyrights, trade secrets or other Int. Prop. of either party to the other.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.
Waiver. No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
Entire Agreement. This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter.
Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of Kuwait and all disputes shall be held in Kuwait.
PATENT, TRADEMARK & COPYRIGHT NOTIFICATION PROCEDURES: If you believe that any of your Int. Prop. has been used or posted on the FMA.com site please notify us at:
Email at: firstname.lastname@example.org
In your complaint you must include the following:
1. Your full name and if applicable, the name of the business entity
We certify that we will look into the matter and notify you within ten (10) business days if the material is going to be taken down. Our policy on this matter is to do an initial investigation and if the person placing the material on the site cannot immediately prove that they own said Int. Prop. to take down said material. The matter will then be fully investigated. Please be aware false allegations of such a matter will be prosecuted to the fullest extent of the law including all criminal and civil actions that can be taken. Please be VERY sure before making such an allegation.
PRIVACY: We are committed to protecting our users privacy and are participating in the TRUSTe program. Personal information is information that includes a person's name, address, telephone number, date of birth and/or email address or any other information that would allow someone to identify or contact you. We can gather information on our users via voluntary submissions and cookies. We reserve the right to collect such information for our own purposes, including, but not limited to, statistical information and for advertising purposes. We will not sell or provide this information to third parties unless you specifically allow us to when you provide the information. However, we may provide non-identifiable consumer data to third parties. The information you provide will not be supplemented or modified in any way will not leave our agent's server other then for archival purposes and is accessible only to our employees and our agent's employees or subcontractors who have need of such access. Said server is secured with a firewall preventing any third party intrusion.
If you are on one of our lists and are receiving emails from us, which you no longer wish to receive please email, us at email@example.com with the word remove in the subject line.
If you wish to contact us concerning privacy please email us at firstname.lastname@example.org.
If you wish to contact us concerning changes to your personal information please email us at email@example.com.
Please note all of said Personally Identifiable Information and / or Third Party Personally Identifiable Information provided is subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders. Additionally, all information disclosed in a public forum, such as bulletin board or chat room, is considered public information and is in the public domain.
Thank you very much for your time reading this binding contract and please have fun with our site.
© 2005 fma.com Future Media Architects, Inc.