These Terms of Service ("Terms") govern your access and use of the applications, websites, content and products constituting the Services (as described below) which are made available by Fud, Inc. ("Fud," "we," "our," or "us") on www.joinfud.com (the "Site"). In these Terms, the words “including” and “include” mean “including, but not limited to.”
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FUD.
By accessing or using the Site and/or Fud mobile Application (the “App”), and any services through the Site or the App, including the content creation/sharing platform provided by Fud (collectively, the “Services”) , you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
IMPORTANT: PLEASE REVIEW CAREFULLY THE ARBITRATION PROVISION SET FORTH IN SECTION XIV, BELOW, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH FUD ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
Supplemental terms may apply to certain Services, such as specific consents to use a certain Service or policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region or industry-specific disclosures (e.g., a particular city webpage) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
I. Description of the Services
Welcome to Fud, a web-based hosting, communications, and content creation/sharing platform owned and operated by Fud, Inc. The Fud service provides registered users (defined below) with income earning or saving options based on information provided by such users as well as financial health information and tools. These Service is currently provided free of charge but may be subject to fees at our discretion.
In order to use the Services, you must have full legal capacity to enter into a contract; be at least eighteen (18) years old or of legal age in your state of residence, whichever is older; and provide your personal information as needed to utilize the Services. A person that satisfies these and other criteria that Fud may establish from time to time shall be considered a “Registered User.”
The Services are not intended for use by persons in any jurisdiction or country where such use would be contrary to or in violation of applicable laws or regulations. You may not access or use the Services if you reside in a country that is on the United States embargo countries list . Persons on the US Department of Treasury Specially Designated Nationals or Blocked Persons Lists are also not permitted to participate. We may restrict your access to the Services during times you are in a country for which use of the Services would be prohibited. You are responsible for compliance with all local laws.
B. Types of Users
There are two types of users of the Services: (1) persons or entities that generate content for distribution through the Services (“Content Creators”) and (2) persons or entities that view and use the contents of Content Creators (“Content Users”). Except where we indicate that certain terms in these Terms apply only to Content Creators or Content Users, the Terms apply to both Content Creators and Content Users. We will refer to such users collectively as Registered Users.
C. Personal Information
D. Earning or Savings Opportunities
Certain third party providers (“Providers”) may offer various earning and savings opportunities on the Services from which Registered Users may elect to enroll and participate. The Providers of these opportunities will require Registered Users to agree to their own terms. Fud is not affiliated with and does not endorse these Providers and makes no representations or warranties regarding the Providers or their opportunities. All agreements and relationships entered into with these Providers are solely between the Registered User and the Providers and Fud shall have no responsibility or obligations in regards to such relationships, and is not acting in any agency or employment capacity on behalf of the Providers. Opportunities may be curated or recommended in a particular order based on information provided by you; this is not an endorsement of any particular earning or savings opportunity over another. Before pursuing any opportunity, you should ensure you fully understand the Provider’s requirements and that the opportunity fits with your specific circumstances.
E. Incentive Deals and Offers
The Services may incentivize the promotion of third-party services by offering direct payment to Registered Users who have satisfied the specifically stated requirements of each unique incentive offer. Offers will be determined and paid according to the specific terms provided within the Services related to such offer and are subject to change at any time. However, Fud is not responsible for delays caused by third-party providers and/or financial institutions relating to such offers. Payment processing times may vary.
F. Third-Party Content, Services and Offers
The Services may also present Registered Users with information provided by third parties (“Third Party Content”) or relating to third party products, services or offers (“Third-Party Offers”) that may be of interest to them. Third-Party Offers may be custom matched to particular Registered Users based on that user's use of the Services, queries made through the Services or other information (such sponsored links and custom offers). We may disclose when a particular Third Party Offer is sponsored or otherwise provided by a third party. In connection with Third Party Offers, the Services may provide links to other web sites belonging to Fud advertisers and other third parties.
G. Changes and Modifications
We reserve the right to remove or make changes to Services or any function or feature of the Services at any time in our sole discretion. Services may vary by jurisdictions and may not be available in all jurisdictions.
II. License – Content Creators and Content Users
A. Content Creators
Subject to the compliance of Content Creators with these Terms, including any revenue share or other payments due hereunder, Fud hereby grants Content Creators a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable, license to access and use the Services to publish and provide Content Creator Content to Registered Users, solely as permitted by the tools, products, services, functionalities and/or features made available to Content Creators, subject in all respects to these Terms (the “Content Creator License”). “Content Creator Content” means any video, audio, text, artwork, or other content or material provided by a Content Creator to the Services. User Content as defined herein includes Content Creator Content.
B. Content Users
Subject to the compliance of Content Users with these Terms, and payment of any applicable fees, Fud hereby grants Content Users a limited, non-exclusive, revocable, non-transferable, non-assignable, and non-sublicensable license to make use of the Services, and limited, non-exclusive, revocable non-transferable, non-assignable, and non-sublicensable license to make personal, non-commercial use of the Content Creator Content, Services Content and User Content (collectively, “Access License”). This Access shall remain in effect until and unless terminated by you or Fud. You promise and agree that you are using the Services, User Content, Services Content and Content Creator Content for your own personal, non-commercial use and that you will not redistribute or transfer the Services, User Content, Services Content or Content Creator Content.
Except as set forth in these Terms, the licenses in this Section II do not include any resale or commercial use of (i) the Services, (ii) any Registration Data (defined below), (iii) any content, materials, information, text, data, copyrights, Trademarks, logos, designs, insignia, images, photos, musical compositions, sound recordings, screenshots, videos, chats, posts, graphics, identifying marks, Site/App pages, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into, the Services by or on behalf of Fud (collectively, “Services Content”), which Services Content is and shall remain the sole and exclusive property of Fud (or the applicable third-party licensor thereof), or (iv) any content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, musical compositions, sound recordings, screenshots, videos, chats, posts, identifying marks, graphics, and other original works of authorship and/or intellectual property that you or any other User submits or uploads onto the Services (collectively, “User Content”), which User Content is and shall remain the sole and exclusive property of you or the applicable User (or the applicable third-party licensor thereof), subject to the User Content License (defined herein) in and to such User Content granted to Fud pursuant to these Terms.
D. Termination of License
The licenses granted to you in these Terms terminate automatically upon any unauthorized use of the Services, including any violation of Section XI, and Fud will take appropriate investigative and legal action for any illegal or unauthorized use of the Services.
III. Intellectual Property Rights
As between any Registered User and Fud, Fud retains all right, title and interest in and to the Services , throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Services, (iii) all Services Content (but excluding User Content), (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of such Services Content as a “collective work” under the United States Copyright Act, as amended (collectively, “Services IP”), and nothing contained herein shall be construed as creating or granting to any Registered User any right, title or interest in and to such Services IP other than the express license granted therein pursuant to these Terms. Services IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and law.
The Fud trademarks, service marks, and logos (the “Fud Trademarks”) used and displayed on the Services are owned by Fud. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Fud Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Fud or the applicable third-party, Fud’s or a third- party’s products or services (including, without limitation, the Services), or in any manner that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Services without Fud’s prior express written consent. All goodwill generated from the use of any Trademark will insure solely to the benefit of Fud or the applicable third-party owner thereof.
IV. User Content/User Content License
Subject to any third-party right in any pre existing content or materials included in your User Content, including, without limitation, any Services Content, you retain all right, title and interest in and to any User Content (including all copyrights and other intellectual property rights related thereto or contained therein) that you upload onto the Services; provided, that you hereby grant to Fud and its affiliates, successors, licensees, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferrable, assignable, sublicensable (through multiple tiers) right and license to use, copy, reproduce, display, distribute, publish, modify, adapt, make derivative works of, make collective works with, translate, and otherwise exploit (i) such User Content (including all copyrights and other intellectual property rights related thereto or contained therein) and (ii) your name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by you in connection with such User Content, in any and all media now known or hereafter discovered, in connection with the Services (including, without limitation, the operation thereof and the provision of any tools, products, services, functionalities and/or features now or in the future offered in connection therewith), the advertising, marketing, promotion, publicity, and merchandising of the platform and any products and services related thereto, and to identify you as the source of your User Content (collectively, the “User Content License”).
For the avoidance of doubt, the User Content License granted to us hereunder covers our ability to sublicense to, and permit, other Users of the Services to use your User Content. For example, the User Content License includes a through-put license under which Fud may transmit and post User Content on third-party social media and other channels. By submitting User Content to the Services, you acknowledge and agree that Fud may create or license from third parties, platform content, or obtain User Content from other users that may be similar or identical to your User Content. You agree that you shall have no recourse against Fud for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to your User Content.
You hereby represent and warrant to Fud that: (i) all User Content uploaded by or on your behalf onto the Services is your original work of authorship for which you are the sole and exclusive owner, or that you have obtained all licenses, consents, releases, and other permissions from the applicable third-party owner thereof as may be necessary to grant Fud the User Content License in and to such user content hereunder, and (ii) Fud’s and/or any other User’s or sublicensee’s use of the User Content as permitted hereunder does not, and will not, violate any applicable laws or the rights of any third-party, including, without limitation, any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.
You should not submit any User Content that violates the provisions of Section XI (Prohibited Activities) or that contains protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). Fud has the right, but not the obligation, to remove any such User Content without obligation or liability to you.
You waive any rights to prior inspection or approval of any marketing or promotional materials related to your User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload on or through the platform.
Fud may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that user content posted to the Services will be retained by, or made available through, the Services, and the maximum storage space that will be allotted on Fud’s servers on your behalf. You agree that Fud has no responsibility or liability for the blocking, deletion or failure to store any user content maintained or transmitted by the Services. You further acknowledge that Fud reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
You acknowledge and agree that Fud is merely a passive conduit and hosting service for User Content and that it plays no active role in the distribution or presentation of User Content on the Services, nor is it under any obligation to monitor User Content posted on the Services (subject to the DMCA policy set forth below) and cannot and does not take any responsibility for such User Content. Further, Fud does not endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Services or obtained by you through the Services is at your own risk. For the avoidance of doubt, Fud will not be liable for any unauthorized use of User Content by any User.
In return for the licenses granted to you herein, you acknowledge and agree that Fud may generate revenues, increase goodwill, or otherwise increase the value of Fud, from your use of the Services and any User Content you upload thereto, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and you will have no right to share in any such revenue, goodwill or value whatsoever. Unless specifically agreed to by Fud, you further acknowledge that you have no right to receive any income or other consideration from any User Content that you upload onto the Services, or the use thereof by Fud and/or other Users as described herein, and that you are prohibited from exercising any rights to monetize or obtain consideration from (i) any User Content uploaded by you or any other User onto the Services or (ii) any User Content that you upload onto a third-party service via the Services.
Notwithstanding anything to the contrary contained herein, you acknowledge and agree that: (i) the Content Creator License and Content User License do not grant you, and you do not obtain, any copyright or other interest in and to any (A) Services Content or other Services IP or (B) User Content belonging to another User. Additionally, any uses of any Services Content or User Content by you that are not expressly authorized under these Terms are subject to all rights of the applicable copyright owners thereof in law and in equity, and all rights are expressly reserved by such applicable copyright owners thereof.
The Fud App and the Services Content are not sold or transferred to you, and Fud and its licensors retain ownership of all copies of the Fud software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”). Third party software (for example, open source software libraries) included in the Fud Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
V. User Accounts; Registration Data
You may always browse the public-facing portions of the Services without registering with us. However, in order to enjoy the full benefits of the Services, a Registered User must register for and create an account (“Account”).
You agree to create only one (1) unique Account and that you shall be the sole authorized User of your Account. As part of the registration process, Registered Users will be asked to submit certain information such as their name, email address, phone number, birthday, profile name, picture, etc., and to create an Account login password (collectively, “Registration Data”). We may require additional Registration Data from Content Creators such as links to your social media, website, and applications. Alternatively, you may register for an Account using your Facebook, Instagram, or other available and integrated social media plug-in credentials.
You agree and represent that all Registration Data you provide to Fud will be and remain at all times true, accurate, current and complete. Fud may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by Fud. In some cases, you will also need to update your Account and/or operating system settings to allow us to access your address book/contacts and enable the geolocation and camera/microphone functions. You must make sure that your Account profile name complies with these Terms. Your registration with us is subject to our confirmation and will become valid when we either confirm your registration or activate your Account.
You agree to notify Fud of any breach of security relating to your Account by promptly sending Fud an email to email@example.com.
VI. Fud Live; Premium Content; Fud Coins
The Services may enable Users to live stream audio and/or audio-visual content via the Services on a “real-time” basis (“Live Content”). In certain cases, Live Content may only be made available via the Services during the “real-time” period in which the live stream is actually taking place and will not live on the Services or be available to other Users following this time period. In other cases, Live Content may be made available via the Services during the “real-time” period in which the live stream is taking place, as well as following the initial “real-time” live stream (as a stored and recorded version of such Live Content) until Fud or the applicable User who has created the Live Content removes it from the Services.
The Services may also enable Users (i.e. Content Creators) to make certain Live Content (as well as any other types of premium User Content that Fud introduces into the Services from time to time in the future) available to other Users in exchange for the redemption of Fud Coins (“Coins”) on either a discrete transaction basis (i.e., non-subscription) or on a subscription basis (“Premium Content”). In such case, this Premium Content will only be made available to other Users via the Services who have purchased access to such Premium Content using Coins. Any User who wishes to “live-stream”/upload Premium Content via the Services must provide such Premium Content in accordance with the description of such Premium Content made available to other Users via the Services prior to the initial release time (which description must provide a detailed description of the content being offered [e.g., live sharing of know-how], the time and day when such Premium Content will be made available, how many Coins it will cost to access the Premium Content, how long the Premium Content will be made available and/or accessible to Users who purchase such Premium Content on the Services, and any other promised aspects of such Premium Content, etc.) and with an appropriate level of quality and professionalism. Users who “live-stream”/upload Premium Content to the Services will be solely responsible for providing such Premium Content in accordance with the Premium Content description and for resolving any disputes with other Users regarding the performance and/or the quality of such Premium Content. For the avoidance of doubt, Live Content and/or Premium Content shall be deemed User Content as such terms is defined herein and each User who streams, uploads and otherwise makes available Live Content and/or Premium Content to Users on the Services agrees that such content will be subject to the User Content License granted, and all other terms and conditions (including, without limitation, the Community Guidelines, and all other representations and warranties) applicable to User Content, herein. Finally, you acknowledge and agree that Live Content and/or Premium Content may have additional features and functionalities (e.g., sharing, commenting, interactivity features, etc.) that are not available for other types of User Content uploaded to the Services, and that Fud may also restrict some of the features and functionalities for Live Content and/or Premium Content that are otherwise available for other types of User Content uploaded to the Services.
A. Purchase of Premium Content
This “Purchase of Premium Content” sub-section applies to Users who make any purchases of Premium Content via the Services, including the purchase of Coins that are used to pay for such Premium Content.
Payment and Billing. When you make purchases through the Services, including, without limitation, any purchase for (i) Coins, (ii) a one-off payment for, or a subscription to, Premium Content or (iii) any additional product or service made available on or across the Services for purchase, you must provide and maintain valid payment information (e.g., credit card number) in connection with your Account with us or with your third-party mobile application provider (e.g., Apple Store or Google Play Store). You represent and warrant that you are authorized to use the payment method you use via the Services to make any purchase. You authorize us (or the provider of any subscription to which you subscribe) to charge your payment method for the total amount of your purchase (including any applicable taxes). Your order may be suspended or canceled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable.
Pricing and Taxes. All prices are shown in U.S. dollars and do not include applicable taxes, unless we or the subscription provider states otherwise. You are responsible for any sales, use, value-added or other governmental taxes, fees or duties due with respect to your order. We or the applicable User making the purchased items available on the Services may collect applicable taxes if we or such User determines there is a duty to collect them.
Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
Premium Content Refunds. We are not responsible for Premium Content offered by other Users on the Services. However, if you are a User that is offering, or has offered, Premium Content, and if we believe any such Premium Content is or was in breach of these Terms, or if we otherwise believe that any such Premium Content fails or failed to meet expectations: (i) you authorize us to refund any Coins any User redeems with us to access such Premium Content; (ii) you will be responsible for returning to Fud the Premium Content Fees (defined below) you received in connection with such Premium Content and authorize Fud to automatically deduct the applicable amount of Coins from your Account or offset this amount from any future amount of Coins owed by Fud to you pursuant to these Terms; and (iii) you authorize us to direct authorized payment methods and through payment providers made available and authorized by us to refund any subscription payments made by any user for such Premium Content or to offset such amounts from future subscription payments you receive.
B. Coin Terms and Conditions
Overview. As a User, you may be able able to (i) redeem Coins with Fud to access Premium Content, (ii) earn Coins from Fud in exchange for granting other Users access to your Premium Content, and (iii) earn Coins from Fud for successfully promoting the Premium Content of other Users. You must have Coins to access certain goods and services made available through the Services, including certain Premium Content. If you attempt to purchase one-time access to Premium Content or a subscription for Premium Content and you do not have sufficient Coins in your Account to complete the purchase, you will be prompted and have the option to add Coins to your Account during the check-out process for your order. You can also purchase or earn Coins through the Services as set forth above in the “Payment and Billing” paragraph.
Pricing. The price of the Coins will be displayed at the point of purchase. All charges and payments for Coins will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider. Prices for Coins are subject to change at any time, but changes will not affect any order you have placed before the price change.
Restrictions. All sales of Coins are final. Coin purchases are non-returnable, non-refundable and can only be used within the Services. Coins are not intended for investment purposes. Coins cannot be resold, transferred for value (except for purchases permitted through the Services), or applied to any other Account, whether such other Account is operated by you or a third party. We may limit the number of Coins you can purchase or use within certain periods of time or implement other restrictions on the receipt or use of Coins. We may further restrict your ability to redeem your Coins based on your place of residence. You must not purchase Coins from any party other than us.
Using Coins. You may only redeem Coins with Fud for goods or services made available through the Services (e.g., Premium Content) only by the method and within the scope described via the Services. We may, in our sole discretion, place limitations on your redemption of Coins, such as a limit on the number of Coins you may redeem within a given period of time, except as may be prohibited by applicable law. If you are dissatisfied or have questions regarding the quality of the Premium Content or items you receive when redeeming Coins, please contact us at firstname.lastname@example.org.
Earning Coins. You may earn Coins from Fud if (i) other users need to redeem Coins with Fud to access your Premium Content or if (ii) you promote Premium Content of another User and that User has specified via the Services that promoters may earn a certain amount of Coins for successful referrals of other Users. We may, in our sole discretion, set a grace period during which you may be restricted from redeeming or gifting any Coins that you have earned through the Services.
Premium Content for Coins. In the event you decide to stream, upload or otherwise make available Premium Content, you can specify the amount of Coins you expect to earn from Fud or each User that agrees redeem Coins to access your Premium Content (“Premium Content Fee”). Subject to these Terms, Fud will provide an amount of Coins equaling the Premium Content Fee directly to you for any User that redeems Coins to access your Premium Content. Fud sublicenses access to the Premium Content to its Users and reserves the right to require other Users to redeem an amount of Coins that is greater or lower than the Premium Content Fee in order to access your Premium Content. You acknowledge that Fud reserves the right to verify all Coin transactions made in connection with the Premium Content that you stream, upload or otherwise make available on the Services were made in compliance with these Terms and applicable law and all Premium Content Fees generated from exploitation of your Premium Content will be deposited into your Account after such verification process has been completed.
Inactivity. While the Coins you purchase do not expire, if you do not access or log into your Account for a period of at least two (2) years, if you deactivate your Account, if we terminate your Account due to your breach of these Terms, or if we have been unable to reach you to verify that you intend to continue using your Account, then you authorize us, without further notice or liability to you, to distribute Coins in your Account to other Users as gifts or to redeem all Coins remaining in your Account for any Premium Content or items we select and to distribute or provide access to that Premium Content or items to other Users as gifts, unless such redemption or distribution is prohibited by law.
Premium Content Subscription. The Services enables Users to make their Premium Content available to other Users on a subscription basis for a recurring subscription fee. The immediately following paragraph “Subscription Providers” applies to you if you choose to offer a subscription to other Users for your Premium Content and the remainder of this sub-section applies to you if you subscribe to Premium Content provided by another User.
Subscription Providers. If you offer a Premium Content subscription to other Users or otherwise charge Users for such Premium Content, you agree that Fud may charge you a service fee as specified on the Services for the offering of Premium Content, which will be deducted from any subscription or other payments you receive from Users. You agree to: (i) comply with auto-renewal terms and conditions applicable to charging for your subscriptions; (ii) set a reasonable subscription fee for your subscription that is appropriate in light of the features or content made available in connection with your subscription; (iii) pay the applicable Fud service fee displayed via the Services in connection with each subscription payment you receive; and (iv) authorize authorised payment methods and through payment providers made available and authorized by us to to deduct such Fud service fee from any amounts paid to you by User-subscribers and to remit such service fee payment to Fud. Fud reserves the right to change the service fee from time to time.
Purchasing a Subscription. If you purchase a subscription to Premium Content, your purchase is directly from the User providing that subscription to their Premium Content and such User is solely responsible for the subscription offering. While we are not responsible for resolving disputes between Users, if you have a complaint regarding a subscription, you can contact us at email@example.com. If you use the Services via the App on an Apple device or an Android device, you may purchase a subscription using your Apple iTunes or Google Play Store account, as applicable. In the future we may also offer functionality to purchase a subscription through our Site. The Services offers you the ability to purchase subscriptions from multiple Premium Content providers at any given time. The subscription period, how to cancel your subscription, the cost of the subscription you purchase and any other material terms are disclosed prior to purchase and may be confirmed via email by us and/or Apple or Google, as applicable.
Recurring Payments. Any subscription charge will automatically renew unless you cancel your subscription at least 24 hours before the renewal date. If you purchased through your Apple iTunes or Google Play Store account, you can view your renewal date through your iTunes or Google Play Store account, as applicable. When you purchase a subscription, (i) you authorize charging your designated payment method for the period specified in your subscription (in addition to any applicable taxes) for as long as your subscription continues, and (ii) your subscription is continuous until you cancel it or we suspend or stop providing access to the Premium Content via the Services.
Free Trials. The subscription provider may offer free trials in connection with their subscription. Any free trial must be cancelled at least 24 hours before the end of the free trial period in order to avoid having the subscription automatically renew at the then current subscription rate. If you cancel your free trial or purchase a subscription before the end of your free trial, any unused portion of your free trial will be forfeited.
Cancellations. Subscriptions must be cancelled at least 24 hours before the renewal date in order to avoid being charged for the next subscription period. If you cancel your subscription after the applicable renewal date, it will not take effect until the end of the following subscription period. If you subscribed via your Apple iTunes or Google Play Store account, you must cancel your subscription(s) through your Apple iTunes or Google Play Store account, as applicable.
VII. Public Information; Interactions with other Users
You acknowledge and agree that certain information that you provide in connection with the registration of your Account and other Account data (such as your Account profile name and/or picture, certain User Content uploaded by other Users of the Services that you like/follow, how many Users on the Services are following your Account, and how many Users on the Services have liked/followed certain User Content that you have uploaded to the Services and selected to be made publicly available) will automatically become publicly viewable by all Users of the Services, provided, however, that you will have the option of setting certain Account information and/or data (or your entire Account) private, such that your Account is only viewable by Users approved by you, by clicking the “Edit Profile” link in your Account settings while using the App. In addition, you acknowledge and agree that you will have the ability to elect to make certain User Content that you upload to the Services publicly viewable by all other Users of the Services, or by select Users (e.g., only those Users of the Services who you follow, or who follow you), and that other Users of the Services will be able to view, like, follow, comment on, and/or interact with such User Content once made publicly available.
The Services also enable Users to communicate and interact with other Users and publicly available User Content, including, without limitation, by enabling Users to like, view, share, re-post, comment on, and/or create memes and hashtags for, other Users’ User Content, and to direct message other Users. The Services may in the future enable additional User interaction features such as public forums/message boards, User Content rating systems, and other interactive community-based functionalities. You will be publicly identified by your Account username or login identifier when communicating and otherwise interacting with other Users/User Content on the Services. You are solely responsible for all of your interactions with the Services and other Users/User Content on or through the Services. In your interactions with other Users/User Content, you agree to conduct yourself professionally, civilly and respectfully at all times and in no event will you harass, solicit, stalk, maliciously target, or otherwise make hurtful, defamatory, or derogatory comments towards, or engage in malicious conduct against, any other User/User Content. You acknowledge and agree that in using the Services, Fud will not be responsible for the actions of any Users with respect to any other User or User Content, and that Fud does not actively monitor or police the specific interactions between Users of the Services and other Users or User Content (and has no obligation to do so). You hereby release, disclaim and hold Fud harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User or User Content (whether online or offline). Notwithstanding the foregoing, Fud reserves the right to determine, in its sole discretion, what constitutes harassment, mischief, or unacceptable conduct with or towards other Users or User Content, and where that has occurred, and may in its sole discretion, partially or completely deny, suspend or terminate access to the Services to any User that it determines has engaged in such behavior.
VIII. Important Disclaimers
NEITHER FUD NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, FINANCIAL, INVESTMENT OR MEDICAL ADVICE. FUD IS NOT AN EMPLOYER, EMPLOYMENT AGENCY, INVESTMENT ADVISOR, FINANCIAL PLANNER, DEBT CONSOLIDATOR, BROKER OR TAX ADVISOR.
Each Registered User's personal situation is unique, and any employment or other opportunities offered on the Services, or any information and advice obtained through the Services may not be appropriate for another person's situation. Fud is not an employer or employment agency for any third-party employment opportunities that might be presented on the Services. Accordingly, before making any final decisions or implementing any financial strategy, you should obtain additional independent professional advice from an accountant or other financial advisers who are fully aware of your individual circumstances.
During the course of your use of the Services, Fud may transfer or send funds to you in the form of deals, offers, incentives, grants, or other methods relative to a product or offer made available to you. Fud has no responsibility or liability for any of the tax implications you may be subject to as a result of receipt of such funds and Fud does not provide tax advice. Fud encourages you to seek advice from a tax professional if you have any questions or concerns about any tax obligations you may have.
IX. App Store Terms
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or from Google, Inc. (“Google”) from the Google Play Store (collectively the “App Stores”) or if you are using the App on an iOS device or Android device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Fud only, not with Apple or Google, and Apple and Google are not responsible for the Services and the content thereof. The App Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the Services. To the maximum extent permitted by applicable law, the App Stores have no other warranty obligation whatsoever with respect to the Services.The App Stores are not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. The App Stores are not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple’s subsidiaries, and Google and Google’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms , the App Stores will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
X. Availability of the Services
You agree and acknowledge that you have the sole responsibility and liability for your use of the Services and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use the Services.
From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the Services may not be available for your use. You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Services, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Services caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider, or capacity or other limitations or constraints of the Internet.
XI. Prohibited Activities
The Services, Services Content and any User Content belonging to another User may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Services, or without the express prior written consent of Fud, the applicable User, and/or the applicable third-party owner thereof, in each instance.
You agree that you will not:
Use the Services for any purpose other than as expressly permitted by Fud;
Use the Services in violation of the Community Guidelines;
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without our express written consent, which may be withheld in our sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers;
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
Attempt to gain an unauthorized access to any portion of the Services;
Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose the Services without our express written consent;
Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fud without express written consent;
Use meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent;
Defame, abuse, harass, stalk, threaten, bully, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Fud or other Users, or use information learned from the Services to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of Fud or any other User outside of the Services;
Upload User Content to the Services, or otherwise interact with other Users/User Content to communicate or distribute information, that is defamatory, profane, infringing, obscene, pornographic, unlawful (e.g., drug use or other criminal activity), offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
Upload User Content to the Services, or otherwise interact with other Users/User Content in a manner, that makes a political message for or against any person, party, political belief or issue, or religion, or that is harshly critical of any author, artist, contributor, or copyright owner of any content or materials embodied therein;
Upload User Content to the Services for which you are not the owner, or for which you have not obtained all rights, clearances, licenses and other consents required to do so and to grant Fud the User Content License in and to such User Content set forth herein;
Publish or make available, or request or solicit other Users to publish or make available, any personal contact or location information (e.g., phone number, e-mail address, physical address, third-party platform social media handles, location information, etc.), whether via any public or User interaction features and functionalities available on the Services, or in or through any User Content uploaded to the Services;
Solicit or induce, or attempt to solicit or induce, other Users on the Services to take any actions that could be harmful to such Users or any other person or property, or that otherwise would violate any applicable laws;
Use the Services for any purpose in violation of applicable local, state, national, or international law;
Use or otherwise export or re-export the Services or any portion thereof, or the Services Content or User Content in violation of the export control laws and regulations of the United States of America;
Upload User Content, or files that contain software or other material, that violates the intellectual property rights (or rights of privacy or publicity) of any third-party or for which you have not obtained the necessary rights or permissions to use accordingly;
Upload User Content, or files that contain software or other material, that features any person that has not given you express permission to include such person in such User Content and who has not granted you all rights necessary or required for you to grant Fud the User License in and to such User Content, including, without limitation, such person’s name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by such person in connection with such User Content;
Upload User Content, or files that contain software or other material, that features any person under the age of eighteen (18) (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence) without first obtaining written permission from such person’s parent or legal guardian, and which written permission grants you all rights necessary or required for you to grant Fud the User License in and to such User Content, including, without limitation, such person’s name, image, voice, likeness, biographical material, and any other right of publicity/privacy held by such person in connection with such User Content;
Advertise or offer to sell any goods or services for any commercial purpose through the Services, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation, without Fud’s prior written consent in each instance (and Fud may remove from the Services without notice to you at any time), except for posting of Live Content or Premium Content;
Conduct or forward surveys, sweepstakes, contests, pyramid schemes, or chain letters;
Imply or state that any statements you make are endorsed by Fud or any other User, without the prior written consent of Fud or such User;
Use the Services in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Fud’s trade secret information for public disclosure or other purposes; or
Cause or induce any third-party to engage in the restricted activities above.
If you encounter any User Content that violates, or learn of any User who has violated, these Terms and any of the Services usage restrictions set forth above, please email Fud at firstname.lastname@example.org or inform us through the applicable reporting functionality offered via the Services.
We may at any time, with or without cause, and without prior notice to you, remove or modify any User Content or deny you access to the Services if you violate these Terms or this Section XI. Our third-party service providers may also restrict or deny your access of certain Services pursuant to their service terms.
XII. Digital Millennium Copyright Act
Fud has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. Fud reserves the right to remove any Services Content or User Content that allegedly infringes another party’s copyright. Fud will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s copyright. Notices to Fud regarding any alleged copyright infringement should be directed to Fud via email at: email@example.com. This email address is only for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms.
Notification of Alleged Copyright Infringement: Fud respects the intellectual property rights of others and expects all Users to do the same. If you believe in good faith that your work is being used on the Services in a way that constitutes copyright infringement under applicable law, you may provide us with a written notice containing the following:
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed and an explanation as to why you think an infringement has taken place;
A description of where the material that you claim is infringing is located on the Services, sufficient for Fud to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;
A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.
United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
In addition to the above, and in relation to a sound recording available on the Services, you may also click on the relevant sound recording’s “Report” link available directly on the Services, which will trigger a notice to us to institute a review and potential takedown. You understand that we may forward your notification to the author of the allegedly infringing content for a counter statement. We also reserve the right to transmit a User’s contact data to a rights owner who has substantiated an infringement by such User for the purposes of enforcing its statutory rights.
Counternotice to Restore User Content Removed for Alleged Copyright Infringement:
Your name, address, telephone number, and email address;
A description of the material that was removed;
A description of where on the Services the material that was removed previously appeared (e.g., URL);
A statement that you have a good faith believe that the material was removed or disabled as a result of a mistake or misidentification;
A statement by you under penalty of perjury under applicable law that the information in your counter-notice is accurate;
A statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Southern District of New York, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
Your electronic or physical signature.
XIII. Consent to Electronic Communications
By using the Services, you consent and agree to receive terms, disclosures and other information required by law to be provided to you in writing (collectively, “Communications”) to you electronically, including to the e-mail address that you provided to us, pursuant to the Electronic Signatures in Global and National Commerce Act. We may also request that you consent to receive SMS messages and push notification regarding your Accounts and offers and promotions available through the Services. You will be provided instructions on how to opt-in and opt-out of such communications.
You further agree that: (a) you are providing your electronic signature on agreements and documents, which has the same effect as if you signed them in ink; and (b) you have the appropriate device and software to access and retain any Communication received from us, including a computer or mobile device, a valid e-mail address and the ability to download, print or otherwise retain Communications.
This consent applies to all Communications from Fud, unless you have withdrawn your consent by contacting us at the address below. If you withdraw your consent to receive Communications electronically, we may prohibit you from using the Services. You may request paper copies of any legal Communications by writing to us at Fud, Inc.. c/o Customer Service Department, 425 15th Street, #3452, Manhattan Beach, CA 90266, Attention: Electronic Communication Opt-Out.
You are responsible for ensuring that we have your current email address, so that we can communicate with you electronically. If you need to update your primary email address, you may do so through your Account Profile or by emailing us at firstname.lastname@example.org.
You agree to resolve any claim that you may have against Fud on an individual basis in mandatory binding arbitration, as set forth in and in accordance with this Section XIV. This will preclude you from bringing any class, collective, or representative action against Fud, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Fud by someone else.
A. Agreement to Binding Arbitration
You and Fud agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Fud, and not in a court of law.
You acknowledge and agree that you and Fud are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Fud otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Fud each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Section XIV, including any claim that all or any part of this Section XIV is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Section XIV evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Section VII or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
D. Location and Procedure.
Unless you and Fud otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Fud submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
E. Arbitrator's Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator's decision shall be final and binding on all parties. An Arbitrator's decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Fud will not seek, and hereby waives all rights Fud may have under applicable law to recover, attorneys' fees and expenses if Fud prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Fud will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in these Terms regarding consent to be bound by amendments to these Terms, if Fud changes this Section XIV after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Fud written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Fud Inc. (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section XIV. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Fud in accordance with the provisions of this Section XIV as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
H. Severability and Survival.
If any portion of this Section XIV is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section XIV or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section XIV; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
XV. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS THAT MAY ARISE IN CONNECTION WITH THE SERVICES, OR FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. OUR MAXIMUM LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTIONS WITH THE SERVICES SHALL BE THE FEES YOU HAVE PAID US IN THE ONE (1) YEAR PRECEDING THE CLAIM OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
XVI. No Representations or Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM ANY COMPUTER NETWORK.
FUD DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FUDARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE SERVICES, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES OR THE WEB.
WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED THROUGH THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.
You agree to indemnify, defend and hold Fud, its parent, investors, affiliates and subsidiaries, and each of their officers, directors, employees, representatives and agents (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your User Content, or use of the Services in violation of these Terms or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.
XVIII. Applicable Law
These Terms will be governed by the laws of the United States and the State of California without giving effect to any conflict of laws to the contrary. For any matter not subject to arbitration under Section XIV, you consent to the exclusive jurisdiction of, and venue in, the state and federal courts in Los Angeles County, California. AS SET FORTH IN SECTION VII ABOVE, YOU IRREVOCABLY WAIVE ANY AND ALL RIGHTS YOU MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY CLAIM RELATING TO OR ARISING UNDER THESE TERMS.
XIX. Notice of California ConsumersUnder California Civil Code Section 1789.3, California users of the Servcise are entitled to the following specific consumer notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XX. No Waiver
No failure, omission, or delay on our part to exercise any right under these Terms will preclude any other further exercise of that right or other right under these Terms.
If any provision in these Terms must change due to applicable law or are declared invalid by order of a court, the remaining provisions of these Terms will not be affected, and these Terms will be interpreted as if the invalid provision had not been placed in these Terms. The headings in these Terms are intended only to help organize these Terms.
These Terms shall remain effective until terminated in accordance with their provisions. Fud reserves the right to immediately terminate these Terms, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause, including without limitation, if Fud believes, in its sole discretion, that you have violated or acted inconsistently with these Terms. Upon such termination, your right to use the Services shall immediately cease, and you shall destroy all Services Content or User Content obtained from the Services and all copies thereof, whether made under these Terms or otherwise. Sections II.C., III, IV, V, and VII through XXIV, and any claim by Fud for amounts due from you, shall survive termination.
XXIII. Changes to these Terms
Fud may amend the Terms from time to time. Amendments will be effective upon Fud's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If you do not agree with any amendment we make to these Terms, you must stop using the Services.
XXIV. Payment to Content Creators
Subject to Creator’s compliance with the Policies at all times during the Term and confirmation by Fud that Creator’s Fud account is in good standing, Fud will pay Creator a sum, net of any third-party transaction fees, 80% of the net revenue collected. This excludes revenue that Fud determines in its sole discretion are (i) artificially produced or obtained, (ii) paid or incentivized conversions, or (iii) otherwise in violation of these Terms, including any attempts to manipulate platform mechanisms to increase interaction metrics, as solely measured by Fud. Creator agrees and acknowledges that Creator has sole responsibility and liability for any and all taxes, contributions, commissions, or other sums arising out of the payments from Fud. Creator further agrees and acknowledges that Fud reserves the right and is authorized to withhold from such payments any amounts it is required to withhold and pay over to any governmental authority under applicable law, and any such withheld amounts shall be treated as paid to Creator by Fud. From time to time, and in Fud’s sole discretion, Fud may modify the payment structure on a prospective basis and/or offer other methods of accruing payment.
XXV. Payment Terms
XXVI. Contact Information
Fud, Inc. 425 15th Street, #3452, Manhattan Beach, CA 90266
Last Updated: December 6, 2022