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Terms of Use

The following Terms of Use (the “Terms”) is a binding agreement between you, either an individual subscriber, customer, member, or user of at least 18 years of age or a single entity (“you”, or collectively “Users”) and fateofthefuriousonline.com (“fateofthefuriousonline.com”) regarding your use of the fateofthefuriousonline.com (located at www.fateofthefuriousonline.com) that allow for the distribution and reception of video, audio, and other content (the “fateofthefuriousonline.com Service”).

By accessing the fateofthefuriousonline.com Service, you agree to be bound by these Terms of Use. You hereby represent and warrant to fateofthefuriousonline.com that you are at least eighteen (18) years of age or and otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following Terms and Conditions. If you use the fateofthefuriousonline.com Service on behalf of a business, you hereby represent to fateofthefuriousonline.com that you have the authority to bind that business and your acceptance of these Terms of Use will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these Terms of Use.

When using the fateofthefuriousonline.com Service, You will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms of Service and any other document that has been incorporated by reference herein, these Terms of Service shall control.

fateofthefuriousonline.com reserves the right, at fateofthefuriousonline.com’ discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the fateofthefuriousonline.com Service. Please check these Terms and any Policies periodically for changes. Your continued use of the fateofthefuriousonline.com Service after the posting of changes constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the fateofthefuriousonline.com Service.

 

1. Ownership of Materials; Limited License

1.1 The data and materials on the fateofthefuriousonline.com Service, except the Produced Content (as defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the fateofthefuriousonline.com Service (collectively, the “Materials”) are the intellectual property of the respected owners and web resources. All trademarks, service marks, and trade names are proprietary to the respected owners or its affiliates and/or third party licensors. Except as expressly authorized by fateofthefuriousonline.com, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. fateofthefuriousonline.com reserves all rights not expressly granted in and to the fateofthefuriousonline.com Service and the Materials.
1.2 Subject to your compliance with the terms and conditions set out in these Terms, fateofthefuriousonline.com hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the fateofthefuriousonline.com Service for the non-commercial viewing of the contents.

 

2. Incorporation by Reference

2.1 You understand that when using the fateofthefuriousonline.com Service, you will be exposed to Produced Content from a variety of sources, and that fateofthefuriousonline.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Produced Content or other content. You further understand and acknowledge that you may be exposed to Produced Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against fateofthefuriousonline.com with respect thereto. fateofthefuriousonline.com does not endorse any Produced Content or any opinion, recommendation, or advice expressed therein, and fateofthefuriousonline.com expressly disclaims any and all liability in connection with the Produced Content. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST fateofthefuriousonline.com WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD fateofthefuriousonline.com, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR CONTENT AND END USER CONTENT AND USE OF THE fateofthefuriousonline.com SERVICE.
2.2 fateofthefuriousonline.com permits you to link to the fateofthefuriousonline.com Service for personal, non-commercial purposes only.

 

3. Entire Agreement.

This is the entire agreement between you and fateofthefuriousonline.com relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Policies as set forth above.

 

4. Copyright infringement notification

4.1 If you are a copyright owner or an agent thereof (the “Copyright Owner”) and believe that any content on the fateofthefuriousonline.com Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”). This notification of claimed infringement must be a written communication provided to the designated agent of fateofthefuriousonline.com that includes the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(iii) 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 fateofthefuriousonline.com to locate the material.
(iv) Information reasonably sufficient to permit fateofthefuriousonline.com to contact the Copyright Owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright Owner may be contacted.
(v) A statement that the Copyright Owner has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
4.2 fateofthefuriousonline.com’ copyright infringement notices should be emailed on the following: takedown@fateofthefuriousonline.com in cases anyone claims or ask questions.
4.3 Only DMCA notices should go to the designated address; any other comments, requests, or other communications should be directed to info@fateofthefuriousonline.com. Any notification of claimed infringement that does not comply with the DMCA’s requirements, is invalid.
4.4 If you receive notice from fateofthefuriousonline.com that your content has been taken down pursuant to a notification of alleged infringement and believe that this takedown is improper or incorrect, you may provide fateofthefuriousonline.com with a counter notification. To be valid, a counter notification must be a written communication provided to fateofthefuriousonline.com’ designated agent as mentioned in section 4.2 that includes substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the jurisdiction of the Federal District Court for the Southern District of New York, and that you will accept service of process from the Copyright Owner who provided notification as mentioned in section 4.1 or an agent of such person.

 

5. Third Party Websites

This fateofthefuriousonline.com Service may contain links (including, but not limited to, through the Search Functionality) to websites or services operated by other people or companies, (collectively “Third-party Services”). Third Party Services may have their own terms or use and privacy policy or no terms of use or privacy policy at all. fateofthefuriousonline.com does not endorse any such Third-party Services or the information, materials, products, or services contained on or accessible through Third-party Services. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the fateofthefuriousonline.com Service are solely between you and such advertiser. Access and use of Third-party Services, including the information, materials, products, and services on or available through Third-party Services is solely at your own risk.

 

6. Privacy Policy

fateofthefuriousonline.com is committed to protecting the privacy of users of the fateofthefuriousonline.com Service. For information regarding how fateofthefuriousonline.com collects, uses and discloses your personal information, please see the fateofthefuriousonline.com Privacy Policy.

 

7. Limitation of Liability

IN NO EVENT WILL fateofthefuriousonline.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS fateofthefuriousonline.com SERVICE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS fateofthefuriousonline.com SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THIS fateofthefuriousonline.com SERVICE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE fateofthefuriousonline.com SERVICE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE fateofthefuriousonline.com SERVICE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE fateofthefuriousonline.com SERVICE BY ANY THIRD PARTY.
IN NO EVENT WILL fateofthefuriousonline.com OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE fateofthefuriousonline.com SERVICE OR YOUR INTERACTION WITH OTHER fateofthefuriousonline.com SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO fateofthefuriousonline.com DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
fateofthefuriousonline.com RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE fateofthefuriousonline.com SERVICE OR THE CONTENT ON THE fateofthefuriousonline.com SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF fateofthefuriousonline.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN fateofthefuriousonline.com AND RECEIVED THROUGH OR ADVERTISED ON THE fateofthefuriousonline.com SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU SPECIFICALLY ACKNOWLEDGE THAT fateofthefuriousonline.com SHALL NOT BE LIABLE FOR PRODUCED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, fateofthefuriousonline.com’, ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

8. No Third Party Beneficiaries

The parties specifically disavow any desire or intention to created a “third party” beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.

 

9. Waiver and Severability

The failure to require performance of any provision shall not affect fateofthefuriousonline.com’ right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.

 

10. Choice of Law and Forum

These Terms of Use shall be governed and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms of Use or your access or use of the fateofthefuriousonline.com Service will be subject to the exclusive jurisdiction of the state and federal courts located within Santa Clara County in the State of California, and you hereby submit to the personal jurisdiction of such courts. YOU AND fateofthefuriousonline.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE fateofthefuriousonline.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

11. Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

 

12. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.