FthePO Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using FthePO.com Website (the ‘Website’ or ‘FthePO.com’ or ‘FthePO’ or ‘F the PO’ or ‘FTP’), you are deemed to have agreed to these terms and conditions of use.
We at FthePO.com may change the Terms and Conditions at any time, and without actual notice to you. All changes to these Terms and Conditions will appear on the Website itself. By using this site after we post changes, you are automatically agreeing to those changes, whether or not you have personally reviewed them. If at any time you decide that you do not want to accept these Terms and Conditions of use, your only option is to discontinue the use of this site.
ALL OF THE TEXT MESSAGES, POSTS AND ANY OTHER MEDIA/TEXT HEREIN, UNLESS OTHERWISE NOTED, ARE COPYRIGHTED BY FTHEPO.COM. NO PART OF THIS SITE, OR ANY OF THE CONTENT CONTAINED HEREIN, MAY BE USED OR REPRODUCED IN ANY MANNER WHATSOEVER WITHOUT EXPRESSED PERMISSION OF THE COPYRIGHT HOLDER.
This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a 'Contribution') chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the 'Services') are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, FthePO.com reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation to the preceding terms, you agree not to use the Website or Services to:
• Share, submit, post, publish, e-mail, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, harms, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Share, submit, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, 'Content'), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
• 'Stalk' another person/persons;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a FthePO.com admin/moderator/employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
• Share, submit, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Share, submit, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Share, submit, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation;
• Share, submit, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
• Act in a manner that negatively affects other users' ability to engage in the Web Site or Services;
• Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
• Intentionally or unintentionally violate any applicable local, state, national or international law.
You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. You acknowledge that FthePO is not responsible for material submitted to FthePO or posted to the Web Site by users. FthePO does not pre-screen, monitor, review or edit the Content posted by users. However, FthePO and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part that, in FthePO’s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. FthePO is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to FthePO. You agree to immediately notify FthePO of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that FthePO may, but is in no event obligated to, preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FthePO, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. FthePO assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to the Web Site. Any or all Content on the Web Site may be purged from time to time in FthePO’s sole discretion.
You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by FthePO or submitted to FthePO, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of FthePO, and FthePO does not support or endorse Content (including any Contribution, whether or not edited by FthePO or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
Mobile / Wireless Policy:
In addition to any fee of which you are notified, your carrier’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. No more than two messages per day per SMS subscription will be sent. All charges are billed by and payable to your mobile service provider.
We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time, and content of your messages. We may use this information to contact you and to provide the services you request from us. FthePO.com will never distribute or share your personal information with a 3rd party.
Restrictions On Use of Material:
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Web Site.
In operating this site, FthePO does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or FthePO mail and e-mail addresses, or in any other way. Any information or material submitted or sent to FthePO will be deemed not to be confidential or secret. By submitting or sending information or other material to FthePO you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s Grant Of Limited License By communicating with FthePO, including submitting or sending Content, a Contribution or other information or material to the Web Site, you grant FthePO the royalty-free, unrestricted, world-wide, perpetual, irrevocable, exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into an FthePO feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to FthePO. You also warrant that any “moral rights” in posted materials have been waived.
Intellectual Property Rights:
All materials contained in this Web Site are the copyrighted property of FthePO and its affiliates or licensors. As between FthePO and you, FthePO is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. FthePO may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and FthePO may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
FTHEPO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT FTHEPO OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation Of Liability:
IN NO EVENT WILL FTHEPO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF FTHEPO OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FTHEPO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by FthePO, you agree to defend, indemnify and hold FthePO, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. FthePO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FthePO in asserting any available defense.
Copyrights And Copyright Agent:
We respect the intellectual property rights of others, and require that the people who use the web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
• Your username, address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
(Contact only for copyright matters. For all other inquiries, please contact us at FthePO@gmail.com
Applicable Laws / Jurisdiction:
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with FthePO or relating in any way to your use of the Web Site resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute and including any claim involving FthePO or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in Los Angeles, California. We do not represent that materials on the site are appropriate or available in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Persons who choose to access this site from other locations do so on their own initiative, and we are not responsible for compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
Any inquiries concerning these terms and conditions of use should be directed to our contact form.
Provisions unenforceable or invalid:
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
If you have any questions about this policy or our site in general, please contact us at FthePO@gmail.com.
For all advertising inquiries, also contact FthePO@gmail.com.