Terms of Service
(FMGEM Beta Policy is subject to change)
FMGEM uses the YouTube API service. FMGEM abides by the YouTube terms of service.
Your use of the service means you agree to the YouTube terms. If you do not agree please do not use the site.
View the YouTube terms YouTube Terms of Service
1. General Provisions
By using or visiting the FMGEM
™
website or any
FMGEM products, software and services provided to you on, from, or
through the FMGEM website (collectively the "Service") you signify your
agreement to (1) these terms and conditions (the "Terms of Service"), and (2)
the FMGEM Privacy Notice, which may be found at
here and incorporated herein by
reference. If you do not agree to any of these terms or the FMGEM Privacy
Notice, please do not use the Service.
Although we may attempt to notify you when major changes
are made to these Terms of Service, you should periodically review the most
up-to-date version here.
FMGEM may, in its sole discretion, modify or revise these Terms of Service
and policies at any time, and you agree to be bound by such modifications or
revisions. Nothing in these Terms of Service shall be deemed to confer any
third-party rights or benefits.
The Service includes all aspects of FMGEM, including but not limited to
all products, software and services offered via the FMGEM website, such as
the FMGEM videoplayer, FMGEM playlist creation service,
FMGEM playlist grid, Diamond Premium
Subscription Service, Multi-Media-Pedia music discography services (Powered by
fuhshniZZle™ and FMGEM, GemBoard™ sharing services, and other applications and features.
The Service obtains videos through
third parties and contains links directly to the third party content
providers. These include
YouTube™, SoundCloud™, DailyMotion™, Vimeo™, AOL ON Net™
and potentially others ("Third Party Content Providers")
. The Service also provides musical artist discography services,
powered by Discogs™; biographical and artist detail information, powered by
Last.fm™; sign in features powered by Google™; Twitter™, and
Facebook™; translation services powered by Google; and upon your consent, access
to and from social network services such as Facebook, Google+™, Twitter,
Pinterest™, or others.
Payments and financial transactions for
Diamond Premium Subscription
Services, are processed by PayPal™ and EC Suite™.
Therefore, the Service
provides content and contains links to
Third Party Content Providers
that are not owned
or controlled by FMGEM. FMGEM has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any
Third Party Content Providers
. In addition, FMGEM will not and cannot censor or edit the
content of any video or third-party site.
By using the Service, you expressly relieve FMGEM
from any and all liability arising from your use of any third-party
website. Accordingly, we encourage you to be aware when you leave the Service
and to read the terms and conditions and privacy policy of each other website
that you visit.
For your convenience, we have provided links to many
of our third party providers below:
Google Services Privacy Policy
EC
Suite Consumer Privacy Policy
EC Suite Consumer Terms And Conditions
EC Suite Search/Cancel a Subscription
You also acknowledge and accept that any of the third party
providers can discontinue their relationship with FMGEM at any time,
rending those services inoperable.
This includes
third party services on which FMGEM is wholly dependent, such as YouTube,
SoundCloud, Vimeo, DailyMotion and AOL.
YouTube at:
http://www.youtube.com/t/dmca_policy
.
Further, the Service may contain advertisements by third
parties unrelated to FMGEM or its affiliated service, MultiTask123.
FMGEM has no control over, and assumes no responsibility for, the policies
or practices of any third party advertisers and does not recommend or endorse in
any way any third party advertiser.
Additionally, for content that is covered by intellectual property rights, like
images, photos and/or videos (IP content), you specifically grant us a
non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to
use any IP content that you create on the Service, including but not limited to
FMGEM playlists, GemBoards and Multi-Media-Pedia (IP License). This IP License ends
when you delete your IP content or your account unless your content has been
shared with others, and they have not deleted it – in which case the Service has
no control over your IP Content that you have placed in the public domain, via
electronic sharing.
2. Use of the Services by You
You agree to use the Service only for purposes that are permitted by (a) the
Terms of Service and (b) any applicable law, regulation or generally accepted
practices or guidelines in the relevant jurisdictions. You agree not to access
(or attempt to access) the Service by any means other than through the interface
that is provided by FMGEM, unless you have been specifically allowed to do
so in a separate agreement with FMGEM. You specifically agree not to
access (or attempt to access) the Service through any automated means (including
use of scripts or web crawlers), or through the use of iframes, and shall ensure
that you comply with the instructions set out in any robots.txt file present on
the Service.
You agree that you will not engage in any activity that interferes with or
disrupts the Service (or the servers/networks which are connected to the
Service). You agree that you are solely responsible for (and that FMGEM
has no responsibility to you or to any third party for) any breach of your
obligations under the Terms of Service and for the consequences (including any
loss or damage which FMGEM may suffer) of any such breach.
When utilizing FMGEM, either Freemium or Diamond, you may elect to
log in to various social networks and services, such as Facebook™, Google+™,
Twitter™, Pinterest™, or others.
Your various social service providers have their own
privacy policies and terms of use, and FMGEM has no involvement with them
and is not responsible for how they utilize your information.
For your convenience, we have provided links to our social sign in options’
privacy policies below:
Google Services Privacy Policy
IMPORTANT PRIVACY INFORMATION ADVISORY::
FMGEM is a SOCIAL site and by Registering an account, you agree that your Profile, your played Videos and your saved Playlists will be part of the FMGEM community. This means your activities will be viewable in the FMGEM Video and Playlist Feeds, its Video and Playlist Search Results and that other Registered users may follow you, which allows them to view your played videos and playlists. Your Profile will also be searchable and viewable to other Registered users (Note: Profiles only consist of your user name, avatar (if you have one) and the history of your played Videos and saved Playlists). Please be aware that social features are subject to change and by using the Service, you explicitly agree to be a part of the FMGEM community as it evolves, changes or is otherwise modified.
IF YOU DO NOT WANT TO BE SOCIAL, DO NOT REGISTER AN ACCOUNT. Unregistered users may use the FMGEM Freemium Service completely anonymously to search videos and albums and load the queue with videos. However, unregistered users cannot save playlists, nor participate with the FMGEM community. Unregistered users may not follow Registered users nor join FMGEM's Diamond Premium Service.
Freemium Service
There is no need to sign up, log in or otherwise provide
any personal information for use of the Freemium Service.
There are no charges required to utilize the Freemium Service and no credit card
is required.
Freemium consumers may use the Service to search, create
and play a music video playlist.
Freemium consumers may share the playing video to various
social networks, and may share the default FMGEM playlist to their various social
networks or a search query parameter.
However, unregistered Freemium consumers cannot save a playlist to the cloud
for viewing at a later time or on a different computer/browser combination.
Freemium consumers cannot share the
playlist on social networks.
The Freemium Service may include advertisements.
Freemium consumers may register with FMGEM via either a social Log In (such as
Facebook, Twitter or Gmail) or via FMGEM's registration system. Information may be
collected by FMGEM during the registration process consistent with our
Privacy Policy. Registered
Freemium consumers may save playlists on FMGEM (the number of free playlists may
be restricted by FMGEM)
may share their playlists via social networks, e-mail or other means.
The Freemium Service may include advertisements.
In the future, the Service may offer mobile apps and/or
mobile optimized content of different varieties or other services and products.
The Freemium Service may include limitations of use of these additional
services.
Premium Subscription Service (“Diamond")
You may upgrade your service to a Diamond Premium
Subscription Service for a recurring monthly fee.
(The "REFRESH” feature may be required to pull
the latest saved playlists to any particular computer/browser).
Diamond members will not be required to experience FMGEM generated
advertisements (this does NOT include advertisements contained inside the videos
rendered through the Third Party Content Providers).
Diamond members may share their playlists to their
social networks.
In the future, the Service may offer mobile apps and/or
mobile optimized content of different varieties or other services and products,
including Gem Board, a social site for saving and posting videos and/or
playlists.
The Diamond
members may have unlimited use of these additional services.
FMGEM’s Diamond service requires you to Register and Log In through one of a number different social and/or email options (i.e.,
Facebook, Google, etc.) or through FMGEM's own registration system, as a prerequisite for joining
Diamond.
3. Term, Fees and Paymentss
Applicable fees for the Service may include a 30
calendar day recurring subscription fee
(hereinafter known as the “Monthly” subscription), and if applicable,
transaction fees taxes.
You may upgrade your service to an unlimited use account
(“Diamond”) for a recurring monthly fee.
By registering
for Diamond, you agree that you will pay the applicable fees for the
Service and your date of registration will be your Activation Date.
Your subscription term is 30 days, recurring automatically.
Subscription fees entitle the member to Diamond service for
the subscription period. Generally if the member requests termination,
subscription fees are not refundable, though the member may continue to use
Diamond service until the end of the agreed upon subscription period.
Refunds requests will be considered on a case by case basis. However,
should a refund be issued, it will be credited solely to the payment method used
by the member in the original transaction. No refunds will be issued as
cash, check or to another credit card.
You expressly assume and accept the risk that third
party providers, including those FMGEM is wholly dependent upon, could
interrupt or terminate their services and/or features, resulting in disruption,
interruption or termination of the Service.
You expressly
accept that the Monthly subscription fee will not be refunded or prorated in the
event of disruption, interruption or termination of any and all services of
FMGEM due to third party content provider actions.
Monthly subscription: $9.99/month + Tax (if applicable)
Automatic Subscription Renewal
Unless you notify us (through the Third-Party Billing
Method of your choice) of your decision to terminate your subscription, your
subscription will automatically renew at the end of each subscription term.
Your renewed subscription will have the same duration as the subscription being
renewed (e.g. Monthly).
At the time of renewal, your elected form of
accepted payment will be charged at the fees for the applicable subscription.
Your Billing Date
Your elected form of accepted payment will be charged for
the renewal term of your Service every Thirty (30) days.
Mid-Subscription Term Termination
REFUNDS
ALL FEES PAID AND CHARGES MADE PRIOR TO
TERMINATION AS PROVIDED HEREIN, INCLUDING ANY ADVANCE CHARGE OR PAYMENT FOR THE
SUBSCRIPTION TERM DURING WHICH YOU TERMINATE YOUR SUBSCRIPTION, ARE
GENERALLY NONREFUNDABLE. TERMINATION OF YOUR SUBSCRIPTION SHALL NOT RELIEVE YOU OF ANY
OBLIGATIONS TO PAY ACCRUED CHARGES.
IF YOU TERMINATE THE SERVICE PRIOR TO THE END OF
YOUR SUBSCRIPTION TERM, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF THE
APPLICABLE SUBSCRIPTION TERM AND YOU MAY CONTINUE TO USE THE SERVICE UNTIL SUCH
TIME. ALL REQUESTS FOR REFUND WILL BE HANDLED ON A CASE BY CASE BASIS.
Your Diamond Account and Playlists Post-Termination
Once you have terminated Diamond Premium Services and your then current
subscription period has expired, you will revert to a registered Freemium
member, which may contain limitations on the number of playlists you may
maintain on the service. You may find you no longer have access to some or any of your
playlists (your stored playlists) through the FMGEM web site.
However, we will keep your stored playlists on our system for a
short period of time (no less than 60 days) and if you choose to re-join you may
revive access to all your previously saved playlists.
In order for
you to revive your old account, you must sign in with the same Sign In
method and utilized the same financial services provider you had used when
creating your original Diamond Premium Services account.
Even if you cancel, you may continue to enjoy FMGEM
Freemium services, which allow creation of great video playlists.
But will not allow you to save
playlists beyond the Freemium tier.
Methods of Payment and Credit Card Terms
All payments
must be made via a form of payment acceptable to the chosen third-party billing
system. You agree to pay all fees and charges incurred in connection with your
subscription and its password (including any applicable taxes) at the rates in
effect when the charges were incurred..
If FMGEM
does not receive payment from your elected form of accepted payment, you agree
to pay all amounts due upon demand by FMGEM.
If your state or country requires payment of sales or VAT taxes, those taxes
will be charged in addition to the monthly subscription fee. The monthly
subscription fee is determined in U.S. dollars and therefore, if paying with
other forms of currency, your monthly charge may vary with the currency exchange
rates.
By using the Service, you expressly relieve FMGEM
from any and all liability arising from PayPal and EC Suite payment
processing.
Accordingly, we encourage you to be aware of their terms
and conditions and privacy policies.
Late Payments
Your account may be reduced to a Freemium account without
notice to you if payment is past due, regardless of the dollar amount.
You agree to pay any outstanding balance in full within thirty (30) days of
cancellation or termination of your subscription to the Service.
Taxes
If the tax rate should change before the transaction is
completed, the new tax rate in effect will apply.
FMGEM
cannot accept exemption certificates for purchases made online.
Modifications to Fees or Billing Terms
FMGEM RESERVES THE
RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, UPON
EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED
EMAIL ADDRESS
.
If any such
change is unacceptable to you, you may terminate your subscription by contacting
customer service at the payment processor used to set up the account.
Your continued use of the Service following the effective date of a change to
fees or billing methods shall constitute your acceptance of such change.
YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO
FMGEM
TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS
OF THIS AGREEMENT, THE APPLICATION OR SERVICE(S) YOU USE.
Third Party Providers
For your convenience, we have provided the following links:
EC
Suite Consumer Privacy Policy
EC Suite Consumer Terms And Conditions
EC Suite Search/Cancel a Subscription
4. Termination
Termination by You
Unless you notify us (through the Third-Party Billing
Method of your choice) of your decision to terminate your subscription, your
subscription will automatically renew at the end of each subscription term.
To cancel your subscription to any of the Services, please visit the Account
section of the Service.
Links will be provided for the various third-party payment
processing partner to assist you with cancellation.
Once you have terminated your subscription, we will stop billing your elected
form of accepted payment. All fees paid and charges made prior to
termination as provided herein are nonrefundable, including any advance charge
or payment for the subscription term during which you terminate your
subscription.
If you terminate the Service prior to the end of your subscription term, your
account will remain active until the end of the applicable subscription term and
you may continue to use the Service until such time. Refunds are generally not provided for mid-term termination.
Unintended/Ancillary Termination by You
Because you may Sign In to the Service via your Google or Facebook accounts, the Social Sign In method you choose at time
of joining Diamond becomes the controlling user method.
If you should cancel or change the third party account you use to Sign In to the
Service, FMGEM cannot resurrect or transfer your playlists to a new Sign
In method or account.
(For example, if you log in with gmail account
JoeFriday@G, join Diamond, and a
month later close out the gmail account, we will not guarantee that we can find you
in our system.
Should this occur, and you wish to continue with
Diamond Service, you may have to cancel your old account, and create a new
account.
We will attempt to transfer your saved playlists to the new
account, but cannot guarantee success.
Termination by FMGEM
You agree that FMGEM, in its sole discretion, with or without prior
notice, may freeze or terminate your Diamond account, user name, password
or use of the Service for any reason, including, without limitation, if
FMGEM believes that you have violated or acted inconsistently with the
letter or spirit of this Terms of Service. FMGEM may also in its sole
discretion and at any time modify or discontinue providing the Service, or any
part thereof, with or without notice. Further, you agree that FMGEM shall
not be liable to you or any third-party for any interference with or termination
of your access to the Service.
5. Your Account Information
In order to access some features of the Service, you will have to create a
FMGEM account. You may never use another's account without
permission. When creating your account, you must provide accurate and complete
information.
You may update any of your account information, designate a different form of
accepted payment to be billed, or change the applicable expiration date on your
currently designated credit card or other billing method by selecting the
"Account Settings" section of the page and then clicking the appropriate link in the
Account Setting section.
We shall treat all of your Account Information with the utmost respect for its
confidential nature, and in accordance with our Privacy Policy, which is
expressly incorporated herein by reference.
You agree and understand that you are responsible for
maintaining the confidentiality of passwords associated with any account you use
to access the Service. Accordingly, you agree that you will be solely
responsible to FMGEM for all activities that occur under your account. If
you become aware of any unauthorized use of your password or of your account,
you agree to notify FMGEM immediately at
Customer Service
.
For information about FMGEM’s data protection
practices, please read the FMGEM
Privacy Policy.
This
policy explains how FMGEM treats your personal information, and protects
your privacy, when you use the Services.
You agree to the use of your data in accordance with the FMGEM privacy
policies. Although FMGEM will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of
FMGEM or others due to such unauthorized use
6. Intellectual Property Rights
FMGEM and its licensors retain exclusive ownership of the Service and all
intellectual property rights associated therewith. Except as expressly provided
herein, you are not granted any rights or license to patents, copyrights, trade
secrets or trademarks with respect to the Service. FMGEM and its
licensors reserve all rights not expressly granted hereunder. You shall
promptly notify FMGEM in writing upon your discovery of any unauthorized
use or infringement of the Service or any patent, copyright, trade secret,
trademarks or other intellectual property rights of FMGEM or its
licensors. The Service contains proprietary information that is protected by
copyright laws and international treaty provisions.
FMGEM expressly disclaims any and all responsibility or liability for any
action by you that is contrary to such law(s) and reserves the right to
terminate your service immediately for your failure to comply with any such
local, state or federal law.
7. Technology Limitations and Modifications to Service
FMGEM will make reasonable efforts to keep your account and the Service
operational. However, certain technical difficulties or maintenance may,
from time to time, result in temporary interruptions. FMGEM will make
reasonable efforts to notify you in advance of any anticipated downtime that
will exceed one hour.
FMGEM also reserves the right to modify or
discontinue, temporarily or permanently, functions and features of the Service
with or without notice. As stated above, you also acknowledge and accept that
any of the third party providers can discontinue their relationship with
FMGEM at any time, rending those services inoperable.
This includes third party services on which FMGEM is wholly dependent,
such as YouTube, SoundCloud, DailyMotion, Vimeo, AOL and Discogs.com. FMGEM shall not be liable to you or to any third party
for any of the direct or indirect consequences of any modification, malfunction,
suspension, discontinuance of or interruption to or of any of the Service.
8. Advertisements
Some of the Service may be supported by advertising revenue
and may display advertisements and promotions. These advertisements may be
targeted to the content of information stored on the Service, queries made
through the Service or other information. The manner, mode and extent of
advertising by FMGEM on the Service are subject to change without specific
notice to you.
In consideration for FMGEM granting you access to and
use of the Service, you agree that FMGEM may place such advertising on the
Service.
You shall not, and shall not authorize or encourage any
third party to directly or indirectly click on any advertisements for the
purposes of deception, fraud or other invalid and nefarious purposes.
You shall not perform or cause to be performed, repeated manual clicks on ads,
use of robots or other automated click methods.
You will not
edit, modify, or misappropriate and information contained in any Ad, Link, Ad
Unit, or other advertising method or content.
You acknowledge that any attempted participation or violation of the advertising
policy is a material breach of these Terms of Service and will result in the
suspension of your use of the Service and/or termination of your Diamond
membership.
9. Other Content
The Service may include hyperlinks to other web sites or content or
resources. FMGEM may have no control over any web sites or resources
which are provided by companies or persons other than FMGEM. You
acknowledge and agree that FMGEM is not responsible for the availability
of any such external sites or resources, and does not endorse any advertising,
products or other materials on or available from such web sites or
resources. You acknowledge and agree that FMGEM is not liable for any
loss or damage which may be incurred by you as a result of the availability of
those external sites or resources, or as a result of any reliance placed by you
on the completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such web sites or resources.
10.
Log Files
Like many other Web sites, www.FMGEM.com makes use of log files. The
information inside the log files includes internet protocol (IP) addresses, type
of browser, Internet Service Provider (ISP), date/time stamp, referring/exit
pages, and number of clicks to analyze trends, administer the site, track user’s
movement around the site, and gather demographic information. IP addresses, and
other such information are not linked to any information that is personally
identifiable.
11.
Use of Cookies
Cookies are pieces of text sent from a web server and
retained by your web browser for purposes of storing site preferences. Like
other major websites, FMGEM uses cookies to provide you with a tailored
experience, which may include storing information about visitors' preferences,
recording user-specific information on which pages the user access or visit,
customizing page content based on visitors browser type or other information
that the visitor sends via their browser. The cookies also enhance
performance of the site.
We do NOT store this information in any database or
other persistent storage medium. FMGEM simply does not care what you
search.
FMGEM may also use cookies to authorize access to
certain premium or trial content and product features.
FMGEM and MultiTask123 treat any Personal Information that may be
contained in cookies with the same level of confidentiality as other information
you provide to FMGEM and MultiTask123.
12.
DoubleClick DART Cookie
Google, as a third party vendor, uses cookies to serve ads
on FMGEM.
Google's use of the DART cookie enables it to serve
ads to users based on their visit to FMGEM and other sites on the
Internet. Users may opt out of the use of the DART cookie by visiting the
Google ad and content network privacy policy at the following URL -
http://www.google.com/privacy_ads.html
Some of our advertising partners may use cookies and web
beacons on our site. Our advertising partners include Google Adsense, Clickbank
and Amazon.
These third-party ad servers or ad networks use technology
to the advertisements and links that appear on FMGEM send directly to your
browsers. They automatically receive your IP address when this occurs. Other
technologies (such as cookies, JavaScript, or Web Beacons) may also be used by
the third-party ad networks to measure the effectiveness of their advertisements
and / or to personalize the advertising content that you see.
FMGEM has no access to or control over these cookies
that are used by third-party advertisers. You should consult the
respective privacy policies of these third-party ad servers for more detailed
information on their practices as well as for instructions about how to opt-out
of certain practices.
FMGEM’s privacy policy does not apply to, and
we cannot control the activities of, such other advertisers or web sites.
If you wish to disable cookies, you may do so through your
individual browser options.
More detailed
information about cookie management with specific web browsers can be found at
the browsers' respective websites.
FMGEM
does not require that you accept cookies; however, some functionality on the
website will be disabled if you decline to accept cookies.
13. Disclaimer of Warranty
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE OR IT'S OPERATION. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
FMGEM, IT'S OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS
LICENSOR(S) DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT.
FMGEM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; FMGEM
FMGEM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SERVICE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;
AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
FMGEM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND FMGEM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
14. Limitation of Liability
YOU ASSUME AND RETAIN THE ENTIRE RISK ARISING OUT OF USE AND/OR PERFORMANCE OF
THE SERVICE. IN NO EVENT SHALL
FMGEM
OR IT’S OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE,
OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION - DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS, ARISING OUT OF THESE TERMS OF SERVICE, OR THE USE OF, OR
INABILITY TO USE, ANY SERVICE, EVEN IF
FMGEM
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO
EVENT SHALL
FMGEM
OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT
OR AFFILIATED ENTITIES AND ITS LICENSOR(S) BE LIABLE FOR ANY DAMAGES IN EXCESS
OF THE AMOUNT PAID FOR THE SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE THAT
FMGEM
SHALL NOT BE LIABLE FOR THE
CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
15. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold
FMGEM or its officers, directors, employees, and agents parent or
affiliated entities and its licensor(s) harmless from any claim or demand,
damages, obligations, losses, liabilities, costs or debt, and expenses,
including reasonable attorneys' fees, made by any third party due to, or arising
out of or related to your violation of these Terms of Service, your use, access
and/or abuse of the Service, or your violation of any law, regulation or
third-party right, including without limitation any copyright, property, or
privacy right. This defense and indemnification obligation will survive these
Terms of Service and your use of the Service.
16. Language
Where FMGEM has provided you with a translation of the English language
version of the Terms of Service, you agree that the translation is provided for
your convenience only and that the English language versions of the Terms of
Service will govern your relationship with FMGEM.
If there is any contradiction between what the English language version of the
Terms of Service says and what a translation says, then the English language
version shall take precedence.
17. Governing Law
These Terms of Service shall be governed by the laws of the State of Nevada,
United States of America, without regard to or application of any choice of law
or conflict of law provisions. You consent to the exclusive jurisdiction and
venue of the state and federal courts sitting in Las Vegas, Nevada and waive any
objection as to inconvenient forum.
In the event of litigation, as
defined by the filing of a legal complaint in any forum or jurisdiction arising
out of the Service, or these Terms of Service, the prevailing party shall be
entitled to recover reasonable attorneys' fees and costs.
18. Miscellaneous
No delay or failure to take action under these Terms of Service shall constitute
any waiver by FMGEM of any provision of these Terms of Service.
If any provision of these Terms of Service is invalid or unenforceable under
applicable law, it is, to that extent, deemed omitted and the remaining
provisions will continue in full force and effect. These Terms of Service will
bind and inure to the benefit of each party's permitted successors and
assigns. FMGEM may assign this agreement as it deems appropriate for any
reason at any time. These Terms of Service are personal to you and may not be
transferred, assigned or delegated to anyone. Any attempt by you to assign,
transfer or delegate them shall be null and void. These Terms of Service
constitutes the complete and exclusive agreement between FMGEM and you
with respect to the subject matter hereof and supersedes all prior oral or
written understandings, communications or agreements not specifically
incorporated herein.
Contact Us
If you have questions about the Terms of Service or would like to make a complaint, please contact:
FMGEM - Terms of Service
9030 West Sahara Ave.
Suite 218
Las Vegas, NV 89117
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September 27, 2013