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PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms and our Privacy Policy, you should not use the Services.
By using FU POINT CO LLC and our Services, represent, understand and agree: (1) to accept, comply with, and be bound by these Terms, (2) that you have the right, authority and capacity to abide by these Terms, and (3) that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any applicable jurisdiction in which FU POINT CO LLC conducts business.
We reserve the right to update, modify or otherwise alter these Terms and notices under which our Services are offered, including, but not limited to, any charges associated with the use of the FU POINT CO LLC services and such updates, modifications or alterations shall be deemed retroactive unless otherwise noted as of your original date of agreement to these Terms. You are responsible for regularly reviewing these terms and conditions. Any access or use of the Services after the changes go into effect shall constitute your agreement to the revised Terms.
1. Use of the Services. You may use the Services only in accordance with and subject to these Terms and our Privacy Policy (available at www.fupointco.com).
The Services are solely for your personal and noncommercial use unless otherwise authorized by FU POINT CO LLC in writing. You may not use the Services for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of FU POINT CO LLC or others. Notwithstanding any other rights or restrictions in these Terms, you may not use the Services to: (a) transmit via or through the Services any information, data, text, images, files, links, or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us; (b) introduce to our websites or mobile applications or otherwise in connection with the Services any computer or website viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of the Services or an employee of FU POINT CO LLC; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to our websites or mobile applications or any component of any of them; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or another breach of security.
2. Membership Eligibility. The Services are available to Members who have properly registered and who have not been suspended or removed by FU POINT CO LLC for any reason (a "Member"). Membership is available only by a valid invitation to users who have completed the information required by our registration form. If you do not qualify, you may not use the Services. As a Member, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form. Membership is void where prohibited by law. FU POINT CO LLC reserves the right to revoke or terminate your membership for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms or the Privacy Policy.
3. Additional Terms and Conditions. Additional terms and conditions may apply to specific portions of the Services or products or services we offer or your membership, which terms are made part of these Terms. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted or emailed for, or applicable to, a specific portion of the Services or products or services we offer or your membership, the latter terms shall control with respect to your use of that specific portion, those specific products or specific services or your membership.
The following terms and conditions apply to the applicable features in connection with the Services:
(a) Member Postings. We may provide Members with the ability to post messages on our websites or mobile applications or otherwise in connection with the Services. You are solely responsible for your account, password, profile, messages, notes, text, information, opinions, ideas and any other content you post, upload, submit, publish, or display (hereinafter "post") or transmit to or share with other Members (collectively, the "Member Content"). Any Member Content that is posted will not be treated as confidential. FU POINT CO LLC has the right, but not the obligation, to monitor and decline, edit, or remove (without notice) all or any portion of any Member Content for any reason or no reason. If FU POINT CO LLC chooses at any time, in its sole discretion, to monitor Member Content, it still has no responsibility for the Member Content or for the conduct of the Member posting Member Content or to edit or remove any Member Content, except in compliance with Section 12 below. If you are involved in a dispute with one or more Members of FU POINT CO LLC, you release FU POINT CO LLC (including its officers, directors, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.
When you post or otherwise make available any Member Content for inclusion on any part of our websites or mobile applications or otherwise in connection with the Services, you are hereby granting FU POINT CO LLC an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services or the promotion thereof, or for FU POINT CO LLC's (and its successors' and affiliates') business including without limitation for promoting and redistributing part or all of our websites, mobile applications or the Services (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. You represent and warrant that you will not provide any Member Content to which you do not have the full right to grant the license. You waive all moral rights in the Member Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to FU POINT CO LLC that FU POINT CO LLC is free to exercise its rights to and/or implement your Member Content if it so desires, without obtaining permission Or license from any third party and without reference to you or any other person.
UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY MEMBER CONTENT TO FU POINT CO LLC BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY MEMBER CONTENT TO OR THROUGH FU POINT CO LLC, YOU REPRESENT AND WARRANT THAT ALL YOUR MEMBER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO MEMBER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR MEMBER CONTENT. YOU REPRESENT AND WARRANT TO FU POINT CO LLC THAT FU POINT CO LLC IS FREE TO USE THE MEMBER CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY FU POINT CO LLC, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.
4. Accuracy of Content; Limitations on Quantity. Excluding Member Content, the information we provide in connection with the Services is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law ). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, or promotion at any time without notice (including after an order has been submitted and/or acknowledged). The offer of any products, services and/or experiences at a particular time do not guarantee that the products, services and/or experiences will be available. If a product, service and/or experience offered and sold by us is not as described, except as limited by applicable law in your jurisdiction, including, but not limited to, jurisdictions such as the State of New Jersey, your sole remedy is to return it subject to the terms set forth herein.
5. Proprietary Rights. Excluding Member Content, you acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) used in connection with the Services are the property of FU POINT CO LLC. and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials available on our websites or mobile applications or otherwise in connection with the Services. Reference to any products, services or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by FU POINT CO LLC. All trademarks not owned by FU POINT CO LLC that appear on or in connection with the Services are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms is prohibited.
6. Links to Third-Party Websites; No Implied Endorsements. Our websites and mobile applications may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third-party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party.
7. Indemnification. By using the Services, except as limited by applicable law in your jurisdiction, including, but not limited to, jurisdictions such as the State of New Jersey, you agree to indemnify, defend and hold harmless FU POINT CO LLC, its third party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors and employees form and against any and al claims, actions, demands, liabilities, costs and expenses, including without limitation, reasonable attorney’s fees, (a) made by any third party due to or arising out of any Member Content posted or otherwise provided by you to the Services, FU POINT CO LLC and/or its third party licensors, licensees or advertisers; (b) a dispute with a Member; (c) your violation of nay applicable law or the rights of a third party; and/or (d) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. FU POINT CO LLC reserves the right to take exclusive control and defence of any such claim otherwise subject to indemnification by you, in which case you will fully cooperate with FU POINT CO LLC in asserting any available defences.
8. Disclaimers. Except as may be limited by applicable law in your jurisdiction, including, but not limited to, jurisdictions such as the State of New Jersey, FU POINT CO LLC assumes no liability or responsibility for any (a) errors, mistakes or inaccuracies of the content, products, information, services and materials set forth on or made available through the services, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, products or any third party website(s) or products, (c) any unauthorized access to or use of secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the services or third party website(s), (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services or any their party website(s) by FU POINT CO LLC or any third party, and/or (f) any errors or omissions in the services or any content, Member Content or other communications, information and materials, including by not limited to third party website(s), or for any loss or damage of any kind incurred as a result of the use of any of the foregoing.
9. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Services. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law, including, but not limited to, the laws in the State of New Jersey.
10. Risk of Loss. The items purchased through the Services are shipped by a third-party carrier pursuant to a shipment contract. As a result, the risk of loss and title for such items pass to you upon our delivery to the carrier.
11. Unavailability of Services; Termination; Fraud. We may alter, suspend, or discontinue these Services in whole or in part, at any time and for any reason, without notice or cost. In addition, the Services may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Services or your account or membership, for any reason, including without limitation, breach of these Terms. If at any time, we notify you that your access to and/or use of the Services or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.