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ffwd.com terms of use

These Terms of Use were last revised on September 7, 2008.

RECENT UPDATES TO THESE TERMS OF USE

1. Your Acceptance

A. Welcome to ffwd.com, the website and online service of ffwd.com, inc. (“ffwd”). This page explains the terms by which you may use our service. By visiting this website (collectively, including all content and functionality available through the ffwd.com domain name, the “ffwd Website”, or “Website”), or by using the Website or any services offered by ffwd therein (collectively, the “Service”), you signify your agreement to (1) these terms and conditions (the “Terms of use”), and (2) ffwd's privacy notice, found at www.ffwd.com/privacy and incorporated here by reference.

The ffwd Website is intended solely for users who are 13 years of age or older. By using the Website you represent that you are least 13 years of age or older. Any registration by, use of or access to the ffwd Website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. If you are under 18 years of age you may use the ffwd Website only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth herein, and to abide by and comply with these Terms of Use.

B. We reserve the right to amend these Terms of use at any time and without notice. If we do this, we will post the amended Terms of use on this page and indicate at the top of the page the date the Terms of use were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. Nothing in these Terms of use shall be deemed to confer any rights or benefits to any third party.

2. ffwd Website

A. These Terms of use apply to all users of the ffwd Website, including users who are also contributors of video content, information, and other materials or services on the Website. The ffwd Website includes all aspects of ffwd, including but not limited to all products, software and services offered via the website such as the ffwd channels, the ffwd on The Wii, the ffwd “Video Importer” and other applications.

B. The Website may contain links to third-party websites, advertisers or services that are not owned or controlled by ffwd. ffwd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from the ffwd Website, you do so at your own risk, and you understand that these Terms of use and ffwd's Privacy Policy do not apply to your use of such sites. You expressly relieve ffwd from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on the ffwd Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that ffwd shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the ffwd Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

3. Use of Our Service

You do not have to register in order to use the Service, however in order to access certain features of the Service you will need to register and create a “User” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ffwd immediately of any breach of security or unauthorized use of your account. Although ffwd will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of ffwd or others due to such unauthorized use.

By providing ffwd your e-mail address you consent to our using your e-mail address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related e-mails. We may also use your e-mail address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such e-mail messages, you may opt out by changing the preferences in your Account Settings. Opting out may prevent you from receiving e-mail messages regarding updates, improvements, or offers.

You agree not to engage in any of the following prohibited activities:

  • use of the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
  • copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  • using any automated system, including without limitation “scripts,” “robots,” “spiders,” “offline readers” to access or interact with the Service;
  • attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service;
  • taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • uploading invalid data, viruses, worms, or other software agents through the Service;
  • collecting or harvesting any personally identifiable information, including account names, from the Service;
  • using the Service for any commercial purposes;
  • impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
  • interfering with the proper working of the Service;
  • bypassing the measures we may use to prevent or restrict access to the Service.
  • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • intimidate or harass another;
  • use or attempt to use another's account, service or system without authorization from ffwd, or create a false identity on the Service or the Site.

You also agree not to upload, post, transmit, share, store or otherwise make available any:

  • content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • any private information of any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
  • content that, in the sole judgment of ffwd, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose ffwd or its users to any harm or liability of any type.

ffwd may permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in ffwd's sole determination you violate any provision of these Terms of use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of use

You are solely responsible for your interactions with other parties using the service. We reserve the right, but have no obligation, to monitor disputes between you and other users. ffwd shall have no liability for your interactions with other users, or for any user's action or inaction.

4. User Content

A. Some areas of the Service may allow you and other users of the Service (“Users”) to post video and other content, including feedback, comments and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. ffwd reserves the right, but is not obligated, to reject and/or remove any User Consent that ffwd believes, in its sole discretion, violates any of these Terms of use.

B. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant that:

i) you have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and these Terms of use, and each such person has released you from any liability that may arise in relation to such use;

ii) your User Content and ffwd's use thereof as contemplated by these Terms of use and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity, or contain libelous, defamatory or otherwise unlawful material; and

(iii) ffwd may exercise the rights to your User Content granted under these Terms of use without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

5. Proprietary Rights in Content.

Except for User Content that you contribute, all content on the Website and available through the Service, including designs, text, graphics, pictures, audio, video, music, information, applications, and their selection and arrangement (the “Website Content”) and any Intellectual Property Rights related thereto, are the exclusive property of ffwd and its licensors. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, licensed or sold in any form or by any means, in whole or in part, without ffwd's prior written permission.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

6. Limited License

By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to ffwd a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.

Subject to the terms and conditions of these Terms of use, you are hereby granted a non-exclusive, limited, personal license to use the Service solely for your personal, noncommercial use. ffwd reserves all rights not expressly granted herein in the Service and the Website Content. Ffwd may terminate the license and any other rights granted to you in these Terms of use at any time, without notice and for any reason or no reason.

7. Copyrights

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify ffwd's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (the “DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Service;

4. Information reasonably sufficient to permit ffwd to contact you, such as your address, telephone number, and e-mail address;

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 by law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Name: Patrick Koppula
Attn: DMCA Notice
Company: ffwd, inc.
Address: 580 Howard Street, Suite 302
San Francisco CA 94105
Telephone: (415) 873-3881
Fax: (415) 873-3881
E-mail:

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying ffwd and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with ffwd's rights and obligations under the DMCA, including 17 U.S.C. ยง512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, ffwd has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, members who are deemed to be repeat infringers. ffwd may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

8. Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FFWD, ITS SUBSIDIARIES AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

FFWD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FFWD SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND FFWD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FFWD, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL FFWD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FFWD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FFWD, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FFWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by ffwd from its facilities in the United States of America. ffwd makes no representations that the ffwd Website is appropriate or available for use in other locations. Those who access or use the ffwd Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless ffwd, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to the ffwd Website and the Service; (2) your violation of any term of these Terms of use; (3) your violation of any third party right, including without limitation any right of privacy, publicity or any Intellectual Property Right; (4) your violation of any law, rule or regulation of the United States or any other country; (5) any claim that any your User Content caused damage to a third party; or (6) any other party's access and use of the Service with your unique username, password or other appropriate security code. This defense and indemnification obligation will survive these Terms of use and your use of the ffwd Website.

11. Miscellaneous

A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over FFWD, either specific or general, in jurisdictions other than California. These Terms of use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and ffwd that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California, unless submitted to arbitration as set forth in the following paragraph.

B. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under these Terms of use where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

C. Notification Procedures. ffwd may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the ffwd Website, as determined by ffwd in our sole discretion.

D. Entire Agreement/Severability. These Terms of use, together with any other legal notices and agreements published by ffwd via the Service, shall constitute the entire agreement between you and ffwd concerning the Service. If any provision of these Terms of use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of use, which shall remain in full force and effect.

E. No Waiver. No waiver of any term of these Terms of use shall be deemed a further or continuing waiver of such term or any other term, and ffwd's failure to assert any right or provision under these Terms of use shall not constitute a waiver of such right or provision.

F. Assignment. These Terms of use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ffwd without restriction.

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