Date of last revision: April 28, 2021
THIS IS A LEGAL CONTRACT BETWEEN YOU AND FWS THAT GOVERNS YOUR USE OF THE SERVICES, AS DEFINED BELOW. BY SIGNING UP FOR A TGR COMMUNITY ACCOUNT YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IF AND WHEN YOU CHOOSE TO ACCESS OR USE THE SERVICES.
MODIFICATIONS TO THIS AGREEMENT
FedeWenzelSki.com reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed through the Services. Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. If you do not agree with such modifications, you must stop using the Services.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen (14) days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
USE OF THE SERVICES
This Site is provided as an interactive and informational resource.It is provided to you by the owner of this Site (“us” or “we” or “our”), in connection with our partners, service providers (“Service Provider”), sponsors, or other affiliates.
Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the “ Third-Party Trademarks ”).Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider’s reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Site contains links to third-party websites (“ External Sites ”).These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.
SERVICE CHANGES AND LIMITATIONS
The Services change frequently, and their form and functionality may change without prior notice to you. FWS retains the right to create limits on, and related to, the use of the Services in its sole discretion at any time with or without notice. FWS may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. FWS may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content.
ELIGIBILITY AND AGE REQUIREMENT
You have to be at least 13 years old to use the Services, and be otherwise legally eligible to use the Services. We’re serious: it’s a hard rule, based on U.S. federal and state law.
No individual under the age of thirteen (13) may use the Services, provide any personal information to FWS, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). If you are under the age of majority in your state or country of residence, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to the terms of this Agreement. You may only use the Services if you can form a binding contract with FWS and are not legally prohibited from using the Services. By using the Services and therefore accepting the Agreement, you represent that you are eligible to use the Services, as described above.
Notice to Parents and Guardians: By granting your child permission to use the FWS Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the FWS Service. If your child is using the TGR Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the TGR Service is appropriate for your child, please
CONTENT AND SUBSCRIBER CONTENT
For purposes of this Agreement: (1) the term ” Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term ” Subscriber Content” means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
The Site may now or in the future permit the submission of Content at the direction of users of the Site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we and our Service Provider do not guarantee any confidentiality with respect to any submissions.
FWS does not claim any ownership rights in your Content. After posting your Content, you continue to retain ownership of your Content, and you continue to have the right to use and license your Content in any way you choose. The Content that you upload to any Social Network needs to comply with the terms of this Agreement. At any point, you can take your Content from your account and cancel your Account and FWS does not retain any license rights except as provided below.
In addition to the foregoing licenses, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided by us.
In connection with User Content, an upload, post or transmit (collectively, “submit”) and video, image, text, audio recording, or other work (collectively, “content”) you agree you will not:
- submit material that is copyrighted, trademarked, protected by trade secret(s) or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us and our Service Provider all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage us or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post unauthorized commercial communications (such as spam). advertisements or solicitations of business;
- collect users’ content or information, or otherwise access TGR, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- engage in unlawful multi-level marketing, such as a pyramid scheme, on FWS;
- upload viruses or other malicious code;
- solicit login information or access an account belonging to someone else;
- bully, intimidate, or harass any user;
- post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
- develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions; or
- impersonate another person.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on this Site, and we will remove all Content and User Content if we are properly notified in writing that such Content or User Content infringes on another’s intellectual property rights.
THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
FWS respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing at firstname.lastname@example.org.(see 17 U.S.C 512(c)(3) for further detail):
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Service Provider to locate the material;
4.Information reasonably sufficient to permit the Service Provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6.A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a counter-notice is received by the Copyright Agent, FWS may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at FWS ‘s sole discretion.
TERMINATION AND DELETION:
On termination of your Account, or upon your deletion of particular pieces of User or Subscriber Content from the Services, FWS shall make reasonable efforts to make such User or Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed User or Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the User or Subscriber Content may not be entirely removed (due to the nature of re-posting, for example).
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
WE, OUR AFFILIATES, OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.NEITHER WE NOR OUR AFFILIATES OR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
NEITHER WE NOR OUR AFFILIATES OR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, OUR AFFILIATES AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.IN SUCH STATES, OUR, OUR AFFILIATES AND OUR SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
FWS may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, FWS may immediately terminate or suspend User Accounts that have been flagged for repeat copyright or other intellectual property infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to FWS or any third party.
SPECIAL PROVISIONS FOR USERS LOCATED OUTSIDE OF THE UNITED STATES
FWS provides global products and services and enables a global community for individuals to share and follow the things they love. FWS’s servers and operations are, however, located in the United States, and FWS’s policies and procedures are based on United States law. As such, the following provision applies specifically to Users located outside of Argentina: you consent to the transfer, storage, and processing of your information, including but not limited to User or Subscriber Content and any personal information, to and in Argentina and/or other countries. You hereby represent and warrant that you have full legal ability to use the Site and the Services as set forth in this Agreement and to be legally bound by the terms of this Agreement.
End of this document.