Period Palooza Terms of Service
Last revised:
2/14/2023
Fihri, Inc. (“Fihri”), operating out of its offices
in the United States, offers the Period Palooza period kit sponsorship platform
(the “Platform”) to you (“Organizer” or “you”) via its website at wearefihri.com, and related services
(collectively, the “Services”). The following terms and condition (“Terms of Service”) govern your use of
the Services.
PLEASE READ THESE TERMS SERVICE BEFORE USING
THE SERVICES. THESE TERMS OF SERVICE ARE A LEGAL AGREEMENT BETWEEN YOU AND FIHRI,
AND GOVERN YOUR USE OF THE SERVICES. BY
CLICKING “I AGREE”, ACCESSING, REGISTERING FOR, OR USING THE SERVICES, YOU
AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
CLICKING “I AGREE”, AND YOUR ACCESS TO, REGISTRATION FOR, OR USE OF THE
SERVICES CONSTITUTES AN ACKNOWLEDGEMENT THAT YOU HAVE READ, UNDERSTOOD, AND
AGREE TO BE BOUND BY THESE TERMS SERVICE. IF YOU DO NOT UNDERSTAND OR AGREE TO
THESE TERMS OF SERVICE, DO NOT CLICK “I AGREE”, OR ACCESS, REGISTER FOR, OR USE
THE SERVICES.
1. MODIFICATIONS
OF TERMS OF SERVICE. Fihri reserve the right, at its sole discretion, to revise
these Terms of Service at any time and without notice. When Fihri does so, it
will post the revised Terms of Service on this page and will indicate the date
of such revision. Your continued use of the Services after any such revision
constitutes your acceptance of the new Terms of Service.
2. AVAILABILITY
OF, AND MODIFICATIONS TO, THE SERVICES. Not all of the Services will be available to
all users at all times, and Fihri is under no obligation to make all Services
available in all jurisdictions. Fihri reserves the right to modify the Services
or any part thereof for any reason, without notice and at any time. Although Fihri is under no obligation to do
so, Fihri may, upon your request and in its sole discretion, make modifications
to the Services (a “Requested Change”). Should Fihri make any such Requested Change,
it is your sole responsibility to test the Requested Change, ensure that the
Requested Change is satisfactory, and to immediately notify Fihri of any
unsatisfactory changes. You acknowledge
and agree that Fihri will not be liable for any damages of any sort resulting
from any Requested Change.
3. COMPLIANCE
AND DISCLOSURE. You acknowledge and agree that Fihri may keep records of activities and
content in connection with your use of the Service, and Fihri may also disclose
those records, activities and content if required to do so by the law, or in
the good faith belief that doing so is reasonable and necessary to: (a) comply
with the law or legal process; (b) enforce the Terms of Service; (c) respond to
claims that your activities in connection with the Services violate the rights
of third parties; or (d) to protect the rights, property, or personal safety of
Fihri, other users of the Services, or the public.
4.
THIRD PARTY SERVICES. The Services may contain, provide you with access to, or enable third
party content, websites, software, applications, products or other services
that are not owned or controlled by Fihri (collectively, “Third Party Services”).
These Third Party Services are made available as a convenience to you,
and your access, use, or purchase of any Third Party Services is solely between
you and the provider of the applicable Third Party Service. In addition to these Terms of Service,
you also agree to be bound by the additional terms applicable to Third Party
Services. Any use by you of Third
Party Services is at your own risk and discretion, and it is your
responsibility to read the terms, policies, instructions and other
documentation applicable to such Third Party Services before using them. You
acknowledge and agree that Fihri cannot control, provides no warranties or
representations with respect to, and will not be held responsible for, Third
Party Services. The availability
of Third Party Services on the Services, or the integration or enabling of such
Third Party Services with the Services, does not constitute or imply an
endorsement, authorization, sponsorship, or affiliation by or with Fihri. You release
Fihri from any and all liability arising from your use of any Third Party
Services, and under no circumstances will Fihri be liable for any direct, indirect, incidental, special,
consequential, punitive, extraordinary, exemplary or other damages whatsoever,
that result from any Third Party Services, even if Fihri has been advised of
the possibility of such damages. If you install or enable a Third Party Service for use with the
Services, you grant Fihri permission to allow the applicable Third Party
Provider to access your User Content and other information and to take all
other actions necessary for interoperation of the Third Party Service with the
Services. You acknowledge and agree that
Fihri is not responsible for any disclosure, modification or deletion of your
User Data and other information, or for any losses or damages you may suffer,
as a result thereof.
5. THE
SERVICES. The Services enable an individual or entity (the “Organizer”) to create and maintain a
sponsorship (“Sponsorship”) on the
Platform to accept monetary sponsorship payments (“Sponsorship Payment”) from individual sponsors (“Sponsor”), which will be used to: (a) purchase
from Fihri period products and other goods for use in creating period kits
and/or hosting period kit packing events (collectively, “Products); and (b) deliver the Products to the Organizer or the beneficiary
of the Sponsorship (“Beneficiary”). The
Products to be delivered to the Organizer or the Beneficiary as part of the
Sponsorship shall be: (a) selected by Fihri in its sole discretion; and (b) in
the amount that can be purchased for and shipped using the total amount of
Sponsorship Payments collected during the Sponsorship, calculated at the standard
prices and shipping rates charged by Fihri at the time the Sponsorship ends,
and less any Processing Fees or other amount due to Fihri. For the sake of
clarity, and without limiting the generality of the foregoing, if no
Sponsorship Payments are collected during a Sponsorship, Fihri will not deliver
any Products to the Organizer or the Beneficiary. In providing the Services,
Fihri may in its sole discretion host, or assist the Organizer with organizing
and/or operating, a period kit packing event.
THE SERVICES ARE ADMINISTRATIVE PLATFORMS AND EVENT ORGANIZATION ONLY. FIHRI ENABLES THE ORGANIZER TO CREATE AND
MAINTAIN A SPONSORSHIP, AND SPONSORS TO MAKE SPONSORSHIP PAYMENTS TO THE
SPONSORSHIP, BUT FIHRI IS NOT A BROKER, AGENT, FINANCIAL INSTITUTION, CREDITOR
OR 501(c)(3) NONPROFIT CORPORATION.
6. PAYMENT
PROCESSORS. Fihri is not a payment processor and does not hold any
Sponsorship Payments or other funds transferred as part of the Sponsorship.
Instead, Fihri uses third-party payment processing partners of its choice to
process Sponsorship Payments for a Sponsorship (“Payment Processor”). You acknowledge and agree that the use
of Payment Processors is part of the Services and that Fihri exchanges
information with Payment Processors to facilitate the provision of the
Services. Any Sponsorship Payment processed by a Payment Processor is
controlled by and subject to the terms of use
and privacy policies of that Third Party Payment Processor, and is not
controlled by Fihri. FOR AVOIDANCE OF DOUBT, AND WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, IT IS YOUR RESPONSIBILITY TO MONITOR AND CONFIRM THAT ANY
THIRD PARTY PAYMENT PROCESSOR IS PROPERLY AND TIMELY INVOICING, ACCEPTING, AND
OTHERWISE PROCESSING SPONSORSHIPS MADE VIA THAT THIRD PARTY PAYMENT PROCESSOR. FIHRI DOES NOT MONITOR OR CONFIRM ANY SUCH
SPONSORSHIPS, AND FIHRI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT YOU OR
ANY THIRD PARTY MAY INCUR THAT IS RELATED TO ANY SUCH SPONSORSHIP OR THIRD
PARTY PAYMENT PROCESSOR, INCLUDING WITHOUT LIMITATION ANY SPONSORSHIP THAT IS IMPROPERLY
OR UNTIMELY ACCEPTED OR OTHERWISE PROCESSED AS A RESULT OF ANY INTEGRATION.
7. TRANSACTION
FEE. Fihri does not charge a fees to create or maintain a Sponsorship, a non-refundable
transaction fee, including without limitation credit and debit charges, is
deducted from each Sponsorship Payment (“Transaction
Fee”). You acknowledge and agree that Fihri may at any time and for any
reason waive, modify, reduce, increase or otherwise change the Transaction Fee.
8. SPONSORSHIPS.
Fihri has no control over the conduct of, or any information provided by, an
Organizer and hereby disclaims all liability in this regard to the fullest
extent permitted by applicable law. All Sponsorship Payments are made at your
own risk. Fihri does not guarantee that a Sponsorship will obtain any, or
certain amount of, Sponsorship Payments. You, and not Fihri, are responsible
for soliciting Sponsorship Payments. Fihri
does not endorse any Organizer, Sponsor, or cause and Fihri makes no guarantee,
express or implied, that any information provided through the Services is
accurate. Fihri expressly disclaim any liability or responsibility for the
outcome or success of any Sponsorship. Each Sponsor must make the final
determination as to the value and appropriateness of contributing to any Organizer
or Sponsorship.
9. PRESS
RELEASE. You acknowledge and agree that: (a) Fihri may, in its sole
discretion, issue one or more press releases or other marketing publications
that mentions you and/or your organization, your Sponsorship(s), and the
Beneficiary of each such Sponsorship (each, a “Press Release”); (b) you have obtained all permissions and other
rights necessary for Fihri to issue each such Press Release; and (c) within
five (5) days of initiating a Sponsorship, you will provide Fihri with the name
of the Organizer and the Beneficiary that should be used in any Press Release
for the Sponsorship.
10. SPONSORSHIP
PAYMENTS. To contribute to a Sponsorship, a Sponsor will be required to
provide Fihri information regarding the Sponsor’s credit card or other payment
instrument (“Payment Method”) that
is linked to the Sponsor’s Fihri account (a “Billing Account”). You, as a Sponsor, represent and warrant to
Fihri that such information is true, current and accurate and that you are
authorized to use the applicable Payment Method. You agree that all Sponsorship
Payments are final and will not be refunded. Fihri uses third-party Payment
Processors to bill you through your Payment Method and Billing Account for any
Sponsorship Payments made, and you acknowledge that by contributing a
Sponsorship Payment to a Sponsorship, you agree to the processing, use,
transfer or disclosure of data by the Payment Processor(s) pursuant to these
Terms of Service as well as any and all applicable terms set forth by the
Payment Processor(s). Fihri is not responsible for any additional bank fees, interest charges,
finance charges, overdraft charges, or other fees resulting from charges billed
to you by Fihri. Currency exchange settlements will be based on agreements
between you and your credit card or other payment provider. You, and not Fihri,
are responsible for paying all sales tax, use tax, value added taxes,
withholding taxes and any other similar taxes and charge of any kind imposed by
any federal, state or local governmental entity for any transactions with Fihri.
If Fihri has the legal obligation to pay or collect taxes for which you are
responsible, the appropriate amount will be invoiced and paid by you unless you
provide Fihri with a valid tax exemption certificate authorized by the
appropriate tax authority.
11. ORGANIZERS.
You, as an Organizer, represent, warrant, and covenant that: (i) all
information you provide in connection with a Sponsorship or Beneficiary is
accurate, complete, and not likely to deceive Sponsors or others; (ii) all Products
provided to you by Fihri as part of the Sponsorship will be provided to your
designated Beneficiary; (iii) you will not infringe the rights of others; (iv)
you will comply with all relevant and applicable laws and financial reporting
obligations; (v) to the extent you share with Fihri any personal data of any
third party for any purpose, including without limitation names, email
addresses and phone numbers, you have the authority (including any necessary
consents), as required under applicable law, to provide us with such personal
data and allow us to use such personal data for the purposes for which you
shared it with us; and (vi) you will not provide or offer to provide goods or
services in exchange for Sponsorship Payments. You authorize Fihri, and Fihri
reserves the right, to provide information relating to your Sponsorship to Sponsors,
Beneficiaries of your Sponsorship or law enforcement or other regulatory
authorities, and to assist in any investigation thereof.
12. REGISTRATION
OBLIGATIONS: You may be required to
register with Fihri to access and use the Services (“User Account”). To sign up for a User Account, you must be at
least: (a) eighteen (18) years of age; and (b) the age of majority in the
jurisdiction where you reside and from which you use the Services. If you do
not meet that age requirement, do not use the Services or sign up for a User
Account. Only the person who signs up for the User Account will be the
contracting party for purposes of these Terms of Service, and will be authorized
to use the User Account in connection with the Services (the “Owner”). If the person who signs up for the User
Account is doing so on behalf of that person’s employer or other organization
with which that person is affiliated, that person must have the authority to
bind its employer or organization to these Terms of Service, and the employer
or organization will be the Owner. The
Owner is permitted to allow others in its control to access and use the
Services in connection with the Owner’s User Account, but in doing so
acknowledges and agrees that it: (a) is responsible for ensuring that its
employees and other agents comply with these Terms of Service; and (b) is
liable for any breach of these Terms of Service by the Owner’s employees and
other agents. If you choose to register for the Services, you agree to
provide and maintain true, accurate, current and complete information about
yourself as prompted by the Services’ registration form. You agree to keep
registration information current and up to date. You are responsible for
maintaining the confidentiality of your password and account, if any, and are
fully responsible for any and all activities that occur under your password or
account. You agree to: (i) immediately notify Fihri of any unauthorized use of
your password or account or any other breach of security; and (ii) sign out
from your account at the end of each session when accessing the Services. If you are under 13 years of age, you are not
authorized to use the Services, with or without registering. If you are under
the age of majority in your jurisdiction, you may use the Services, with or
without registering, only with the approval of your parent or guardian. Certain
aspects of the Services may also require you to register with, and agree to the
terms of, Payment Providers and providers of other Third Party Services, to be
able to benefit from their services. If Fihri or one of those providers of
Third Party Services at any time discovers that the information you provided
about you is incorrect or violates any of these Terms of Service or the terms
of service of any such provider of Third Party Services, your access to the
Services may be immediately suspended and/or terminated in Fihri’s sole
discretion.
13. TAXES. Fihri does
not withhold funds for tax purposes or any other tax-related reason. It is solely your responsibility to assess,
collect, report or remit the correct tax, if any, to the appropriate tax
authority.
14. USER CONTENT. Some of your activity on and through the
Services is public, such as content you post publicly on the Platform
(including descriptions, texts, music, sound, information, data, software,
graphics, comments, photos, videos, images, trademarks, logos, brands or other
materials you upload or post through the Services) (collectively, “User Content”). We also collect
information through our communications with you, including without limitation ideas
for new products and services, or modifications to existing products and
services, and other comments, suggestions, ideas, feedback or other information
about the Services (collectively, the “User
Information”). Fihri does not own any User Content or User Information.
You, not Fihri, are fully responsible for the quality, integrity, legality,
accuracy, intellectual property ownership, reliability, appropriateness, or the
right to use all of the User Content and User Information. You acknowledge, agree, represent and warrant
that: (i) Fihri is under no obligation of confidentiality, expressed or
implied, with respect to the User Content or Other Information; (ii) Fihri is
entitled to the unrestricted use and dissemination of the User Content and User
Information for any purpose, commercial or otherwise, without acknowledgment or
compensation to you; (iii) you have all rights necessary to submit the User
Content and User Information; (iii) to the extent necessary, you hereby grant
to Fihri a fully paid, royalty-free, perpetual, irrevocable, worldwide,
non-exclusive, and fully transferable and sublicensable right and license to
use, reproduce, perform, display, distribute, adapt, modify, re-format, create
derivative works of, and otherwise commercially or non-commercially exploit in
any manner, any and all User Content and User Information, and to sublicense
the foregoing rights; and (iv) you irrevocably waive, and cause to be waived,
against Fihri and its other users any claims and assertions of any moral rights
contained in such User Content or User Information; (v) Fihri will not
be held responsible for the deletion, correction, destruction, damage, loss or
failure to store any User Content or User Information; (vi) Fihri can,
at any time, review and delete any or all of the User Content and User
Information submitted or uploaded to the Services, although Fihri is not
obligated to do so; and (vii) Fihri may preserve User Content and User
Information, and may also disclose User Content and User Information 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,
applicable laws or government requests; (b) enforce these Terms of Service; (c)
respond to claims that any User Content or User Information violates the rights
of third parties; or (d) protect the rights, property, or personal safety of Fihri,
its users, employees or the public. This section shall survive any termination
of your account or the Services.
15. THIRD PARTY COMMUNICATIONS: If you use the Services to communicate
with or about third parties (such as to communicate with said third parties
regarding a Sponsorship or a Sponsorship Payment), either by submitting data
about the third party (“Third-Party Data”)
to the Services or otherwise permitting the Services to automatically access
Third-Party Data in your possession, you acknowledge and agree that you have
the authority of the relevant third party for Fihri to access and use the
relevant Third-Party Data.
16. PROMOTIONS AND SALES PROHIBITED: You are not permitted to offer: (i)
any contest, competition, reward, give-away, raffle, sweepstakes or similar
activity on or through the Services; or (ii) any good or service in exchange
for a Sponsorship Payment.
17. DATA RETENTION AND DELETION: You acknowledge and agree that Fihri
has no obligation to retain data relating to any account or Sponsorship. Fihri
reserves the right to delete data or to terminate accounts or Sponsorships at
any time and for any reason, with or without notice, and without any liability
to you or to any third party for any claims, damages, costs or losses resulting
therefrom.
18. YOUR RESPONSIBILITIES. You
are solely responsible for: (a) complying with all applicable laws related to
the Sponsorship or use of the Services; (b) all User Content; (c) cooperating
with any request Fihri makes for evidence that Fihri deems necessary to verify
your compliance with these Terms of Service.
You also acknowledge and agree: (a) you will not use the Services or the
Sponsorship for any unauthorized, deceptive, or illegal purposes; (b) you will
not use the Services or the Sponsorship to transmit spam or any other
unsolicited commercial electronic messages; (c) you will not use the Services
and/or the Sponsorship to (i) support or promote a terrorist organization, (ii)
to transmit, collect, store, or process any health information subject to any
applicable health privacy regulation or law governing that use or disclosure of
protecting health information (including without limitation the Health
Insurance Portability and Accountability Act), (iii) to send malware, viruses,
host phishing pages, worms, Trojan horses, corrupted files, or other activities
intended to harm or disrupt the Internet activities of others, (iv) raise funds
for or support any Sponsorship that is fraudulent, misleading, inaccurate, or
dishonest, or (v) to collect or provide funds for any purpose other than as
described in the Sponsorship description; (d) not to upload, post, disclose, or
otherwise transmit on the Platform or through the Services data or information
that (i) constitutes any third party’s personal or private information
(including, without limitation, a third party’s personally identifiable
information, sensitive personal information, or confidential information),
without the prior written consent of such third party, (ii) is fraudulent,
offensive, defamatory, profane, obscene, unlawful, or intended to promote
illegal conduct, (iii) is intended to promote, or intended to support
organizations that promote, violence or hate against third parties based on
race, ethnicity, national origin, sexual orientation, religion, gender, age,
disability, or other discriminatory purposes, (iv) is intended to harass or
threaten a third party, (v) exploits or abuses children, or (vi) that infringes
on the intellectual property rights of others; (e) through use of the Services, the
Platform, or otherwise, you (i) have not and will not violate, or cause any party
to be in violation of, any applicable anti-bribery or anti-corruption law,
anti-kickback laws, anti-money laundering and anti-terrorist financing laws,
sanctions, embargoes, export controls, import controls, or anti-fraud laws,
(ii) have not and
will not with a corrupt, improper, or illegal intention directly or indirectly
pay, provide, promise, offer, authorize, solicit, or accept any money, gift,
hospitality, entertainment, favor, financial advantage, or other thing of value
to or from any individual, organization, political party, or entity whether in
the public or private sector in any country in order to obtain, retain, or
direct regulatory approvals, licenses, permits, business, contracts,
investments, sales, tax or duty assessments, import or export clearances,
foreign exchange clearances, or other unlawful advantages, (iii) are not nationals,
residents, agents or representatives of Iran, Cuba, North Korea, Syria, the
Crimea Region of Ukraine, or any other region subject to comprehensive U.S. sanctions,
on the List of Specially Designated Nationals & Blocked Persons, the
Sectoral Sanctions Identifications (SSI) List, or Foreign Sanctions Evaders
List maintained by the Office of Foreign Assets Control of the U.S. Department
of the Treasury, or any other applicable list of sanctioned, embargoed,
blocked, criminal, or debarred persons maintained by any U.S. or non-U.S.
government, the European Union, Interpol, the United Nations, the World Bank,
or any other public international organization, or otherwise the target of any
sanctions, suspensions, embargoes or debarment by the U.S. government or any
other government or public international organization.
19. BACKUP. Fihri may, from time to time
and at its sole discretion, back up data on its servers, but Fihri has no
obligation to do so under these Terms of Service or otherwise. It is your
responsibility to back up your User Content and any other data or files that
reside on the Services or the Platform. You agree and acknowledge that under no
circumstances will Fihri be liable to you or any third party for damages of any
kind, under any legal theory, for loss of User Content or any other data or
files on any Fihri server.
20. INTELLECTUAL PROPERTY RIGHTS.
The trademarks, service marks, logos, copyrightable content, and other
intellectual property contained in the Services (“Fihri Content and Marks”) are owned by Fihri and its licensors, and
are subject to copyright, trademark and other intellectual property rights
under United States and foreign laws and international conventions. Other company,
product, and service names and logos used and displayed via the Services may be
trademarks or service marks of their respective owners, who may or may not
endorse or be affiliated with or connected to Fihri. You are not
granted a right or license to Fihri Content and Marks. Al goodwill generated from the use of Fihri
Content and Marks will insure to Fihri’s exclusive benefit. You here by grant Fihri a non-exclusive,
transferable, sub-licensable, royalty-free, worldwide right and license to use
the names, trademarks, service marks, logos and trade names associated with
your Sponsorship (“Your Trademarks”) to operate, provide, and promote
the Services and to perform and exercise Fihri’s obligations and rights under
these Terms of Service. This license survives termination of the Terms of
Service to the extent that Fihri requires the license to perform and exercise
any obligations and rights that arose during the Term (as that term is defined
below). Under no circumstances will Fihri be liable
in any way for any content or materials of any third parties (or any User
Content), or for any loss or damage of any kind incurred as a result of the use
of any such User Content. You acknowledge that Fihri does not pre-screen User
Content, but that Fihri will have the right (but not the obligation) in their
sole discretion to refuse, remove, or allow any User Content that is available
via the Services at any time and for any reason, with or without notice, and
without any liability to you or to any third party for any claims, damages,
costs or losses resulting therefrom. By uploading, sharing, providing, or
otherwise making available any User Content, or any portion thereof, in
connection with the Services, you hereby grant and will grant Fihri a
nonexclusive, worldwide, royalty free, fully paid up, transferable,
sublicensable, perpetual, irrevocable license to copy, display, upload,
perform, distribute, store, modify and otherwise use your User Content in
connection with the operation of the Services or the promotion, advertising or
marketing thereof, in any form, medium or technology now known or later
developed. Without limiting the foregoing, if any User Content contains your
name, image or likeness, you hereby release and hold harmless Fihri and its
contractors and employees, from: (a) all claims for invasion of privacy,
publicity or libel; (b) any liability or other claims by virtue of any
blurring, distortion, alteration, optical illusion, or other use or
exploitation of your name, image or likeness; and (c) any liability for claims
made by you (or any successor to any claim you might bring) in connection with
your User Content, name, image or likeness. Further, if any person (other than
you) appears in your User Content, you represent and warrant that you have
secured all necessary licenses, waivers and releases from such person(s) for
the benefit of Fihri in a manner fully consistent with the licenses, waivers
and releases set forth above.
21. INDEMNITY AND RELEASE. You agree to release, indemnify on demand and hold Fihri
and its affiliates and their officers, employees, directors and agents harmless
from any and all losses, damages, expenses, including reasonable attorneys’
fees, costs, awards, fines, damages, rights, claims, actions of any kind and
injury (including death) arising out of or relating to your use of the
Services, any Sponsorship or Sponsorship Payment, any User Content, your
connection to the Services, your violation of these Terms of Service or your
violation of any rights of another. You agree that Fihri has the right to
conduct its own defense of any claims at its own discretion, and that you will
indemnify Fihri for the costs of its defense (including, but not limited to
attorney’s fees).
22. TERM AND TERMINATION. The
term of these Terms of Service begins when you first access, register for, or
use the Services, and continues until terminated by you or Fihri, as provided
in these Terms of Service (the “Term”).
You agree that Fihri may, in its sole discretion and without notice, terminate
your account or use of the Services, and/or delete your User Content, for any
reason and at any time, and without any liability to you or to any third party
for claims, damages, costs or losses resulting therefrom. Any such termination
of these Terms of Service by Fihri is without prejudice to any rights or
obligations which arose prior to the date of termination by Fihri.
23. DMCA. Fihri respects the
intellectual property rights of others, and we ask you to do the same. If Fihri
is notified of alleged infringing User Content through Fihri’s Designated
Agent, a decision may be made to remove access or disable access to such User
Content, in compliance with the safe harbor provisions of the Digital
Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”). Fihri may also make
a good faith attempt to contact the person who submitted the affected material
so that they may make a counter-notification.
If you believe that your or someone else’s copyright has been infringed
by User Content or other materials provided on the Services, you (or the owner
or rights holder, collectively, “Rights
Holder”) should send notification to Fihri’s Designated Agent immediately.
Prior to sending us notice, the Rights Holder may wish to consult a lawyer to
determine its rights and legal obligations under the DMCA and any other
applicable laws. Nothing in the Terms of Service, the Platform, or anywhere
else in the Services is intended as a substitute for qualified legal advice. To
file a notice of infringing material, Fihri asks that the Rights Holder provide
the following information: (a) reasonably sufficient details about the nature
of the copyrighted work in question, or, in the case of multiple alleged
infringements, a representative list of such works (this should include,
title(s), author(s), any U.S. Copyright Registration number(s), URL(s), etc.);
(b) reasonably sufficient details to enable Fihri to identify and locate the
material that is allegedly infringing the Rights Holders’ work(s) (for example,
file name or URL of the page(s) that contain(s) the material); (c) the Rights
Holder’s contact information so that Fihri can contact them (including for
example, the Rights Holder’s address, telephone number, and email address); (d)
a statement that the Rights Holder has a good faith belief that the use of the
identified material 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 the Rights Holder is authorized to act on
behalf of the copyright owner; and (f) the Rights Holder’s electronic
signature.
Notice may be
sent to:
By Mail:
Fihri Inc.
568 Washington
Street, Suite 26
Wellesley, Ma
02482
By Email: ceylan@fihriinc.com
Counter-Notification If material
that you have posted to the Services has been taken down, you may file a
counter-notification that contains the following details: (a) 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; (b) 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 in question; (c) your name, address and
telephone number; (d) a statement that you consent to the jurisdiction of the
federal district court in the Commonwealth of Massachusetts and that you will
accept service of process from the person who provided notification in
compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person;
and (e) your physical or electronic signature.
Notice may be
sent to:
By Mail:
Fihri Inc.
568 Washington
Street, Suite 26
Wellesley, Ma
02482
By Email: ceylan@fihriinc.com
You also acknowledge and agree that upon receipt of a notice of a claim
of copyright infringement, Fihri may temporarily or permanently remove the
identified materials from the Services without liability to you or any other
party.
24. LIMITATION OF LIABILITY. YOU
AGREE THAT YOUR EXCLUSIVE REMEDY AND FIHRI’S ENTIRE LIABILITY, IF ANY, FOR ANY
CLAIMS ARISING OUT OF THESE TERMS OF SERVICE, A SPONSORSHIP, A SPONSORSHIP
PAYMENT, OR YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID
FIHRI FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD BEFORE THE ACT
GIVING RISE TO THE LIABILITY, OR IF GREATER, FIVE-HUNDRED UNITED STATES DOLLARS
($500.00). IN NO EVENT SHALL FIHRI, ITS
OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS,
ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT
LOSS, WHETHER OR NOT FIHRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THE SERVICES, A SPONSORSHIP, OR A SPONSORSHIP PAYMENT.
25. WARRANTY DISCLAIMER. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS
IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND,
EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FIHRI DOES
NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE
SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM
OR DATA. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY A FIHRI AUTHORIZED REPRESENTATIVE
WILL CREATE A WARRANTY.
26. NO AGENCY. You
acknowledge and agree that no joint venture, partnership, employment or agency
relationship is intended or created between you and Fihri by the Terms of
Service.
27. NOTICE. You agree that Fihri
may provide you with notices, including those regarding changes to the Terms of
Service, by email, regular mail, or postings on the Services or the Site.
28. MISCELLANEOUS. The Terms
of Service constitute the entire agreement between you and Fihri and govern
your use of the Services, superseding any prior agreements between you and
Fihri for the use of the Services. You also may be subject to additional terms
and conditions, rules, regulations, and applicable law that may apply when you
use the Services. The provisions of these Terms of Service limiting Fihri’s
liability will survive the expiration or termination of this Agreement. The
Service are provided and controlled by Fihri from its offices in the
Commonwealth of Massachusetts, and the statutes and laws of the Commonwealth of
Massachusetts shall control and governing the Terms of Service and the
relationship between you and Fihri, without regard to the conflicts of laws
principles thereof. You agree and hereby submit to the exclusive personal
jurisdiction and venue of the state and federal courts of the Commonwealth of
Massachusetts with respect to all lawsuits and other matters arising from or
related to the Services or the Terms of Service. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Services or these Terms of Service must be filed
within one (1) year after such claim or cause of action arose or be forever
barred. If any provision of the Terms of Service is illegal or unenforceable,
that provision is severed from the Terms of Service and the other provisions
remain in force. If Fihri does not enforce any right or provision in the Terms
of Service, it does not create a waiver of these rights of provisions unless
they are acknowledged or agreed by Fihri in writing. You may not assign these
Terms of Service without the prior written consent of Fihri, but Fihri may
assign or transfer these Terms of Service, in whole or in part, at any time,
without restriction, and without notice to you, including without limitation in
connection with a merger, acquisition, reorganization or sale of equity or
assets, or by operation of law or otherwise. Fihri shall not be liable for any
delay or failure to perform resulting from causes outside of its reasonable
control, including without limitation acts of God, war or threats of war,
terrorism or threats of terrorism, riots, embargos, acts of civil or military
authorities, fire, floods, accidents, governmental regulation or advisory,
recognized health threats, as determined by the World Health Organization, the
Centers for Disease Control, or local government authority or health agencies,
strikes or shortages or curtailment of transportation facilities, fuel, energy,
labor or materials.