UNACCEPTABLE
CONTENT.
Friends Forever is a service for storing and sharing
personal photos and videos. We will delete your account
along with all images without prior notice if you use Friends
Forever for the following:
a. COPYRIGHTED MATERIAL: Transmission, storage, or distribution
of any information, data, or material in violation of any
applicable law or regulation is prohibited. This includes, but
is not limited to: copyrighted material; trademarks; trade
secrets or other intellectual property rights used without
proper authorization; material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws.
You represent and warrant that you own or otherwise control all
of the rights to the Media that you post; that you have received
all proper permissions and/or releases relative to all media
that you post; that use of the Media you store in any public
album does not violate these Terms of Service and will not cause
injury to any person or entity; and that you will indemnify
Friends Forever for all claims resulting from Media you supply.
Friends Forever has the right but not the obligation to monitor
and edit or remove any activity or Media. You understand and
agree that Friends Forever takes no responsibility and assumes
no liability for any Media posted by you or any third party.
In other words, if you post photos, you
agree that you own the rights to the photo or have permission to
post them, and that you are not violating the rights of another
photographer, producer etc.
b. PORNOGRAPHY: To store and/or display pornography or
sex-related images of any kind. It is our sole
discretion what constitutes pornography. Photo Galleries
displaying or storing pornography will be deleted.
c. COMMERCIAL USE: To store and/or display photos and videos for
commercial use. This includes, but is not limited to photos for auction or sales purposes. (for example: eBay, craigslist etc.)
d. NON-PHOTO IMAGE DISTRIBUTION: To store and/or display non
photo images for distribution; this includes, but is not limited
to; game screen captures, movie screen captures, wallpapers,
tags, anime, animated .gifs, buddy-icons, avatars, emoticons,
and signatures (sigs).
e. HATE: Blatant expressions of bigotry, racism, hatred, or
profanity;
f. ILLEGAL ACTIVITIES: Promotion or display of instructional
information supporting illegal activities; this includes, but is
not limited to, instructions for the building or use of weapons,
propagation of "spam" email and/or computer viruses, or any
material that infringes the intellectual property rights of
third parties;
g. ILLEGAL MATERIALS Anything illegal including, but not limited
to, illegal software, warez or hacked software, serial numbers,
mail fraud, or pyramid schemes;
h. PHYSICAL HARM: Promotion of physical harm or injury against
any group or individual;
i. DEFAMATORY: Material insulting, or that could be considered
defamatory or libellous, to other persons, institutions or
companies;
j. EXPLOITATION OF CHILDREN: Material that exploits children;
k. COLLECTION OF PERSONAL INFORMATION: Material which attempts
to collect personal information about users;
ACCOUNT ACTIVITY.
Your account should be active - that is, it is either receiving
visitor traffic or is being updated/posted to on a regular
basis. Sites that either receive no visitor traffic or are not
updated for a period of 365 days will be considered 'inactive'
and may be removed by Friends Forever to make room for other
users.
HOTLINKING IMAGES. Please note you can link directly to
photos ("hotlinking"). You may link to the pages in your Friends
Forever site, and you can link directly to the photos
themselves. Should you attempt to hotlink photos you will see
the Friends Forever logo instead. Accounts that are determined
to be in violation of this condition shall be subject to
suspension and/or removal, at the sole discretion of Friends
Forever.
DIGITAL PHOTO STORAGE As long as you are an Member in Good
standing the Service, Friends Forever, offers free, unlimited
storage of your online photos. As of December 05, 2006, there is no
limit to number of digital photos you can upload.
ALLOWABLE PHOTO & VIDEO FILE TYPES.
The following types of image files are allowed in your account:
.jpg/.jpeg (JPEG format)
Any other files located by Friends Forever will be automatically
deleted.
A. PHOTO FILE SIZE RESTRICTIONS The maximum individual file size
is 1MB. Any individual photos exceeding this limit located by
Friends Forever will be automatically deleted.
CONTENT LANGUAGE. The textual content of your account must be
entirely or predominantly in one of the following languages:
English, Bangla, Spanish, German, Italian, French, Dutch, Flemish,
Norwegian, Portuguese, Catalan, Danish, Swedish or Finnish.
Accounts that do not satisfy this criterion may be removed at
Friends Forever's discretion.
FEES, PAYMENT AND TERM. The core service provided by Friends
Forever is Free. However, some premium services are for fee. As
consideration for such services you agree to pay us the
applicable service(s) fees. All fees payable hereunder are
non-refundable.
BILLING. If you have joined the club, membership is active for
365 days. Your credit card will NOT be charged every year. It is
necessary to manually renew your membership each year on or
before your Anniversary Date. The first date in which you
purchase your membership is your Anniversary Date.
ACCOUNT INFORMATION. As consideration for the Services, you
agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process
and (2) maintain and update this information as needed to keep
it current, complete and accurate. All such information shall be
referred to as account information ("Account Information"). You
hereby grant us the right to disclose to third parties as needed
to maintain your services. We do not share your information with
third parties in an attempt to monetize your information through
advertising, Spam, or other devices that would compromise your
trust in Friends Forever or Creative Web. By submitting to this
Agreement, you represent that the statements you have made here
in are true and you will not use our Services for any unlawful
purpose.
CANCELLATION. If you would like to delete your Friends Forever
account, you need to send an email from the email address used
to create your Friends Forever account by clicking here
requesting that we delete your account for you. Once you have
cancelled your account, all images and content uploaded to your
Friends Forever account will be deleted and will no longer be
available.
TERMINATION. Friends Forever may, in its sole discretion,
terminate your Membership (or any part thereof) or your use of
the Service, and remove and discard any Content at any time,
without notice, for any reason, including, but not limited to: (i)
conduct that violates these Terms or other policies or
guidelines set forth by Friends Forever elsewhere on the Site,
(ii) conduct Friends Forever believes is harmful to other
Friends Forever users, the business of Friends Forever, or
Creative Web Affiliates, or (iii) failure to remain a Member in
Good Standing. Friends Forever will not be liable to you or any
third-party for any termination of your access to the Service.
SECURITY. Violations of system or network security are
prohibited and may result in criminal and civil liability.
Examples include but are not limited to the following:
unauthorized access, use, probing, or scanning of systems
security or authentication measures, data, or traffic;
interference with service to any user, host, or network
including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks;
forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
COUNTRY OF ORIGIN. Friends Forever reserves the right to
restrict access to our servers from areas of the globe with a
high level of abusive activity. These areas change periodically
based on the origins of this inappropriate activity. The current
restriction may be applied to Belarus, Bosnia-Herzegovina, Bulgaria,
China, Egypt, Hong Kong, India, Indonesia, Japan, Malaysia,
Moldavia, Morocco, Pakistan, Philippines, Romania, Russian
Federation, Saudi Arabia, South Africa, South Korea, Taiwan,
Thailand, Turkey, Ukraine, United Arab Emirates, Vietnam,
Yugoslavia.
CUSTOMER CONDUCT. You are solely responsible for the contents of
your transmissions through Friends Forever. Your use of the
Friends Forever service(s) is subject to all applicable local,
state, national and international laws and regulations. You
agree:
a. To comply with US law regarding the transmission of technical
data exported from the United States through Friends Forever;
b. Not to use Friends Forever for illegal purposes;
c. Not to interfere or disrupt networks connected to Friends
Forever;
d. Friends Forever reserves the right to not honour any
transactions that are not in good faith, including, but not
limited to, using any device, program, robot, Iframes, hidden
frames, or account duplication to defraud Friends Forever for
Goods and Services. Multiple Leads from the same individual,
entity or IP address may be considered non-bona fide
Transactions. You shall not earn Points or Redeem Coupons or
Free Prints for non-bona fide Transactions; and
e. To comply with all regulations, policies and procedures of
networks connected to Friends Forever. You agree not to transmit
through Friends Forever's service(s) any unlawful, harassing,
libelous, abusive, threatening, harmful, or otherwise legally
objectionable material of any kind or nature. You further agree
not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national or
international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited. You shall not
interfere with another customer's use and enjoyment of Friends
Forever's service(s) or another entity's use and enjoyment of
similar services. Creative Web may, at its sole discretion,
immediately terminate your service or any agreement with us
should your conduct fail to conform to these terms and
conditions.
ACTIONS TAKEN BY Friends Forever. Your failure to meet or follow
any of the Terms and Conditions set forth by Friends Forever is
grounds for account deactivation. Friends Forever will be the
sole arbiter as to what constitutes a violation of its Terms and
Conditions. Friends Forever reserves the right to remove any
account without prior notice. When Friends Forever becomes aware
of an alleged violation of its Terms and Conditions, Friends
Forever will initiate an investigation. During the
investigation, Friends Forever may restrict a customer's access
in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, Friends Forever may,
at its sole discretion, restrict, suspend, or terminate a
customer's web hosting account and/or pursue other civil
remedies. If such violation is a criminal offense, Friends
Forever will notify the appropriate law enforcement authorities
of such violation. Should such violation take place, Creative
Web
retains the right to communicate personally identifiable
information to other interested parties in connection with law
enforcement operations.
MODIFICATIONS TO AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions of
this Agreement; and (2) change the services provided under this
Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or
change to the service(s) on our web site, or on notification to
you by e-mail or regular mail as per the announcements section
of this agreement. You agree to review our web site, including
the Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice
by e-mail or regular mail as per the announcements section of
this agreement. Notice of your termination will be effective on
receipt and processing by us. You agree that, by continuing to
use the Services following notice of any revision to this
Agreement or change in service(s), you abide by any such
revisions or changes.
To help you track the changes to our Terms and Conditions, the
date of the material changes to our Terms and Conditions will be
noted here, Dec. 09, 2006.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your Account
Identifier and Password that you selected when you opened your
account with us. Please safeguard your Account Identifier and
Password from any unauthorized use. In no event will we be
liable for the unauthorized use or misuse of your Account
Identifier or Password. Please click here to read our Privacy
and Security Statement.
ANNOUNCEMENTS. We reserve the right to distribute information to
you that is pertinent to the quality or operation of our
services and those of our service partners. These announcements
will be predominately informative in nature and may include
notices describing changes, upgrades, new products and services
offered by Creative Web or 3rd Parties or other information to
add security or to enhance your identity on the Internet. By
accepting these Terms and Conditions and by using Friends
Forever's Services you agree to receive these communications.
LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s)
provided under this Agreement and any breach of this Agreement
is solely limited to the amount you paid for such Service(s). We
and our contractors shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting
from the use or inability to use any of the Services or for the
cost of procurement of substitute services. Because some states
do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states, our
liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited
to: (1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data
non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from
the unauthorized use or misuse of your Account Identifier or
Password; (5) loss or liability resulting from errors,
omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability
resulting from the development or interruption of your Web site
or email service. You agree that we will not be liable for
interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits)
regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been
advised of the possibility of such damages. In no event shall
our maximum liability exceed one hundred ($100.00) Au dollars.
INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors and
affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or
arising under this Agreement, the Services provided hereunder or
your use of the Services, including without limitation
infringement by you, or someone else using the E-mail Service
with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the
service(s) provided. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those
assurances may be considered by us to be a breach of your
Agreement and may result in termination of our Services to you.
DISCLAIMER OF WARRANTIES. You agree and warrant that the
information that you provide to us to register for our Services
is, to the best of your knowledge and belief, accurate and
complete, and that any future changes to this information will
be provided to us in a timely manner according to the
modification procedures in place at that time. You agree that
your use of our Services is solely at your own risk. You agree
that such Service(s) is provided on an "as is," "as available"
basis. We expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the Services will
meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of
the Service(s) or as to the accuracy or reliability of any
information obtained through the our e-mail service or that
defects in the Services software will be corrected. You
understand and agree that any material and/or data downloaded or
otherwise obtained through the use of the our e-mail service is
done at your own discretion and risk and that you will be solely
responsible for any damage to your computer system or loss of
data that results from the download of such material and/or
data. We make no warranty regarding any goods or services
purchased or obtained through the e-mail service or any
transactions entered into through the e-mail service. No advice
or information, whether oral or written, obtained by you from us
or through the e-mail service shall create any warranty not
expressly made herein. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions
may not apply to you.
CONTENT COPYRIGHT. All media and related content uploaded to
Friends Forever are copyright of their owners. All other content
is copyright (c)2006, Creative Web. Friends Forever
will not share your images unless instructed by you. Please
note, when you share or make publicly viewable a photo album,
you allow recipients and viewers of that album to access and
make photographic prints from the images contained in that
album.
CONTENT LICENSING. By submitting content to Creative Web's
Friends Forever service, you grant Creative Web a royalty-free,
nonexclusive, worldwide, unrestricted license to use, copy,
transmit, publicly display, and distribute such content, for the
limited purposes of publishing and promoting the user's content
in connection with the Friends Forever service. Such license
shall apply with respect to any form, media, or technology now
known or later developed. This term will extend only for the
duration of the user's membership with Friends Forever. In the
event that such membership is terminated, Friends Forever will
relinquish all rights to the user's Content.
This means, when you upload content to Friends Forever servers,
you are granting Friends Forever permissions to make your
content available on the web.
REVOCATION. You agree that we may terminate your right to use
our Services if the information that you provided to register
for our Services, or subsequently to modify it, contains false
or misleading information, or conceals or omits any information
we would likely consider material.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right
to refuse to host your photos and/or videos or register you for
other Services, or to terminate the Services we provide you
within thirty (30) calendar days from receipt of your payment
for such services. In the event we do not host your photos
and/or videos or register you for other Services within such
thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable to you
for loss or damages that may result from our refusal to host
your photos and/or videos or register you for other Services.
SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining terms
and provisions will remain in full force and effect.
NON-AGENCY. Nothing contained in this Agreement shall be
construed as creating any agency, partnership, or other form of
joint enterprise between the parties.
NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us
of a breach of any provision hereof be taken or held to be a
waiver of the provision itself.
NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it
via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to be given when the sender
has obtained an electronic confirmation of delivery. E-mail
notice shall be sent to you at the e-mail address you have
provided in your registration application or as updated from
time to time.
ENTIRETY. You agree that this Agreement and the rules and
policies published by us are the complete and exclusive
agreement between you and us regarding our Services. This
Agreement supersedes all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
INFANCY. You attest that you are of legal age to enter into this
Agreement.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
