Fat Muffin Terms of Use
This Terms of Use Agreement (”Agreement”) sets forth the legally binding terms for your use of the Fat Muffin Services. By using the Fat Muffin Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Fat Muffin Website) or you are a “Member” (which means that you have registered with Fatmuffin.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the Fat Muffin Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Fat Muffin Website and discontinue use of the Fat Muffin Services immediately. If you wish to become a Member, communicate with other Members and make use of the Fat Muffin Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Fatmuffin.com’s policy for acceptable use of the Fat Muffin Services and Content posted on the Fat Muffin Website, your rights, obligations and restrictions regarding your use of the Fat Muffin Services and Fatmuffin.com’s Privacy Policy. In order to participate in certain Fat Muffin Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Fat Muffin Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Fatmuffin.com may modify this Agreement from time to time and such modification shall be effective upon posting by Fatmuffin.com on the Fat Muffin Website. You agree to be bound to any changes to this Agreement when you use the Fat Muffin Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Fatmuffin.com and that you provide to other Users. Your Fatmuffin.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Fatmuffin.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Fatmuffin.com assumes no responsibility or liability for this material. If you become aware of misuse of the Fat Muffin Services by any person, please contact Fat Muffin or click on the “Report Inappropriate Content” link at the bottom of any Fatmuffin.com page.
Fatmuffin.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Fat Muffin Services at any time, for any or no reason, with or without prior notice, and without liability. Fat Muffin expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Fat Muffin Services if Fat Muffin determines, in its sole discretion, that you pose a threat to Fat Muffin, its Users and/or its clients.
1. Eligibility
Use of and Membership in the Fat Muffin Services is void where prohibited. By using the Fat Muffin Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Fat Muffin Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
2. Term
This Agreement shall remain in full force and effect while you use the Fat Muffin Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. Fatmuffin.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
3. Fees
You acknowledge that Fatmuffin.com reserves the right to charge for the Fat Muffin Services and to change its fees from time to time in its discretion. If Fatmuffin.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Fatmuffin.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members
The Fat Muffin Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Fatmuffin.com. Illegal and/or unauthorized use of the Fat Muffin Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Fat Muffin Website is prohibited. Commercial advertisements affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Fat Muffin Services.
6. Fat Muffin’s Intellectual Property Rights and Limited License
All text, graphics, multimedia content or other material that you see or read on this website and all related code (the “Materials”), excepted for Submitted Materials (as defined below), is owned or being used with permission by Fat Muffin, and may not be used except as provided in these Terms of Use. You may download one copy of the Materials on any single computer for your personal, noncommercial use, provided you keep intact any copyright and other proprietary notices on the Materials and do not modify the Materials in any way. You may not modify, reuse, re-post, or use the Materials for public or commercial purposes, without Fat Muffin’s written permission. Without limiting the forgoing, you agree not to use the Materials for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the Materials, in whole or in part, to any other party unless specifically permitted by Fat Muffin or otherwise violate the single computer, non-commercial, non-transferable, non-exclusive, limited license, revocable at Fat Muffin’s discretion, granted hereunder.
7. Copyright and Trademarks
The Materials embodied in the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Fat Muffin owns a copyright in the Materials including, without limitation, the selection, coordination, arrangement and enhancement thereof, as well as in the content original to Fat Muffin.
“Fat Muffin”, the “Fat Muffin logo”, as well as other marks that may appear on the Site (”Marks”), are the service and trademarks of Fat Muffin. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. Without Fat Muffin’s written permission, you agree not to display or use, in any manner, the Marks. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of Fat Muffin.
8. Links and Other Sites
This Site contains links to pages on other sites, and those sites may offer products, services or other resources. Because Fat Muffin has no control over such sites and resources, you acknowledge and agree that Fat Muffin has no responsibility for the accuracy of information provided by or availability via other sites. Links to external sites do not constitute an endorsement by Fat Muffin of the sponsors of such sites or the content, products, advertising or other materials presented on those sites. Fat Muffin does not author, edit or monitor these pages or links. You further acknowledge and agree that Fat Muffin is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.
Fat Muffin hereby grants you a non-exclusive, limited license, revocable at Fat Muffin’s discretion, for you to link to Fat Muffin’s home page from any site you own or control that is not commercially competitive to Fat Muffin and does not criticize or otherwise injure Fat Muffin, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material. Such a link is not an endorsement of such other site(s) by Fat Muffin. All of Fat Muffin’s rights and remedies are expressly reserved.
9. Infringement Complaints
Digital Millennium Copyright Act Notice. Fat Muffin respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Fat Muffin directly makes available on the Site and we ask our users to do the same. Fat Muffin may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers. If you believe any material on the Site, either posted by Fat Muffin, our users or any other party, is infringing, please contact Fat Muffin. Pursuant to the Digital Millennium Copyright Act, Fat Muffin has a designated agent to receive copyright infringement claims. If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:
A. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
B. 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 us to locate the material;
C. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
D. 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;
E. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
F. Your physical or electronic signature.
10. Disclaimer of Warranties
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FAT MUFFIN DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
3. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS. IN ADDITION, FAT MUFFIN DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL FAT MUFFIN BE LIABLE IN ANY WAY FOR ANY MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE.
5. IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
11. Limitation of Liability
A. YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING:
1. THAT UNDER NO CIRCUMSTANCES WILL FAT MUFFIN, ITS PARENT, AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, SPONSORS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY “RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
2. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITHOUT THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN FAT MUFFIN AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.
12. Indemnification
You will indemnify and hold Fat Muffin and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (”Claim”) brought against any of the Indemnified Parties insofar as such Claim alleges facts or circumstances that would constitute a breach of any provision of this Agreement by you. If you are obligated to provide indemnification hereunder, Fat Muffin may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the consent of Fat Muffin. If you are obligated to provide indemnification hereunder, Fat Muffin may withhold any payment it is otherwise required to make to you under as a set off against your indemnity obligations.
13. Third-Party Services
Fat Muffin may use third-parties to provide certain services that you may link to from Fat Muffin. For example, the Fat Muffin site uses the PayPal.com website to conduct monetary transactions. These services may have their own terms of use and other policies. You will be governed by such terms and policies as well as the terms of this Agreement.
14. Additional Terms
The following agreements, rules and policies contain additional terms and conditions that govern your use of the Fat Muffin Service. Fat Muffin reserves the right to make changes to such agreements, rules and policies at any time. Continued use of any part of the Fat Muffin Service constitutes your acceptance of such changes. Accordingly, you should review such agreements, rules and policies from time to time to become familiar with such changes. If the terms of any of the following conflict with the terms of this Agreement, the terms of this Agreement will govern and be given precedence.
15. Termination
A) In its sole and absolute discretion, with or without notice to you, Fat Muffin may (i) suspend or terminate your use of the Fat Muffin Service, (ii) terminate your account, (iii) remove any of your Images, Websites or Sites from Fat Muffin’s servers and (iv) prohibit you from opening any new Websites, Sites or creating new contest entries.
B) If you are a Member, you may terminate your account for any reason at any time by contacting us of your intention. We reserve the right to permanently store, maintain, use and display all images uploaded by you in the past, even if you terminate your account. Please note that account termination will not necessarily result in your information being purged/deleted from our databases; Just that you will no longer be able to access Fat Muffin. We will delete information on a case-by-case basis only, at our discretion.
C) This Agreement will survive indefinitely unless and until Fat Muffin chooses to terminate it, regardless of whether any account you open is terminated by you or Fat Muffin.
D) If you or Fat Muffin terminate your account, or if Fat Muffin takes any legal action, Fat Muffin may delete any web sites, web pages, files, graphics or other content or materials relating to your use of the Fat Muffin Service on Fat Muffin’s servers or otherwise in its possession and Fat Muffin will have no liability to you or any third party for doing so. If you or Fat Muffin terminate your account you must immediately remove all links to the Fat Muffin Web Site from any web sites you operate and cease representing yourself as a Member and/or Siteowner.
16. Notices
All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If Fat Muffin provides notice to you, Fat Muffin must use the contact information provided by you to Fat Muffin. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by U.S. mail, on the date of receipt appearing on the return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated.
17. Miscellaneous
This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Delaware without reference to conflict of law principles. Any action or proceeding to enforce this Agreement will be brought in the federal or state courts located in Delaware. This Agreement will not be assignable or transferable by you without the prior written consent of Fat Muffin. This Agreement (including all of the agreements which are hereby incorporated herein by this reference) contains the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. You and Fat Muffin are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.
