FAYA is the corporate website and online presence for FAYA. FAYA, which allows consumers, investors, and potential employees to learn more about FAYA products and services. The services offered by FAYA include any other features, content, or applications offered from time to time by FAYA in connection with the FAYA Website (collectively, the “FAYA Services”).The FAYA Services are hosted in the United States.
FAYA may modify this Agreement from time to time and such modification shall be effective upon posting by FAYA on the FAYA Website. You agree to be bound to any changes to this Agreement when you use the FAYA 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.
- Eligibility. Use of and Membership in the FAYA Services is void where prohibited. By using the FAYA 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 FAYA 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.
- Term. This Agreement shall remain in full force and effect while you use the FAYA 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. FAYA may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
- Password. When you sign up to become a Member, you will also be asked to choose a password. In some cases, you may be assigned a password by a FAYA employee. 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 FAYA 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.
- Content/Activity Prohibited.The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the FAYA Services. FAYA reserves the right to investigate and take appropriate legal action against anyone who, in FAYA’s sole discretion, violates this provision, including without limitation, removing the offending communication from the FAYA Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of FAYA:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the FAYA Website and through your use of the FAYA Services. FAYA reserves the right to investigate and take appropriate legal action against anyone who, in FAYA’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the FAYA Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the FAYA Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, FAYA reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which FAYA deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the FAYA Services, you acknowledge that you will have caused substantial harm to FAYA, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay FAYA $50 for each such unsolicited email or other unsolicited communication you send through the FAYA Services;
- covering or obscuring the banner advertisements on your personal profile page, or any FAYA page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the FAYA Services or the networks or services connected to the FAYA Services;
- attempting to impersonate another Member or person;
- for band profiles, copying the code for your FAYA Player and embedding it into other profiles or asking other Members to embed it into their profiles;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the FAYA Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the FAYA Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your “Top 8” friends, or sending private messages with a commercial purpose; or
- using the FAYA Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of FAYA to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to FAYA by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the FAYA Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the FAYA Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. FAYA’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Digital Brand Group, Inc., 444 W 10th St # 200 – Santa Ana CA, 92701; Facsimile: (714) 835-1741; Attn: Copyright Agent;
- Member Disputes. You are solely responsible for your interactions with other FAYA Members. FAYA reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Disclaimers. FAYA is not responsible for any incorrect or inaccurate Content posted on the FAYA Website or in connection with the FAYA Services, whether caused by Users of the FAYA Services or by any of the equipment or programming associated with or utilized in the FAYA Services. Profiles created and posted by Members on the FAYA Website may contain links to other websites. FAYA is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by FAYA. Inclusion of any linked website on the FAYA Services does not imply approval or endorsement of the linked website by FAYA. When you access these third-party sites, you do so at your own risk. FAYA takes no responsibility for third party advertisements which are posted on this FAYA Website or through the FAYA Services, nor does it take any responsibility for the goods or services provided by its advertisers. FAYA is not responsible for the conduct, whether online or offline, of any User of the FAYA Services. FAYA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. FAYA is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the FAYA Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the FAYA Services. Under no circumstances shall FAYA be responsible for any loss or damage, including personal injury or death, resulting from use of the FAYA Services, attendance at a FAYA event, from any Content posted on or through the FAYA Services, or from the conduct of any Users of the FAYA Services, whether online or offline. The FAYA Services are provided “AS-IS” and as available and FAYA expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FAYA cannot guarantee and does not promise any specific results from use of the FAYA Services.
- Limitation on Liability. IN NO EVENT SHALL FAYA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FAYA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FAYA FOR THE FAYA SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in connection with the FAYA Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the FAYA Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute about or involving the FAYA Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either FAYA or you may demand that any dispute between FAYA and you about or involving the FAYA Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent FAYA from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold FAYA, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the FAYA Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the FAYA Website or through the FAYA Services causes FAYA to be liable to another.
- Other. This Agreement is accepted upon your use of the FAYA Website or any of the FAYA Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and FAYA regarding the use of the FAYA Services. The failure of FAYA to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.