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Terms of Service
Introduction
Welcome to Fugaboo.com. We the creators and managers of Fugaboo.com (known as "Fugaboo," "Fugaboo.com," "the site," "we," and "us") offer you a vibrant way to connect with the places where you live and the people around you through this website. The Terms of Service that follow form a binding agreement between you and us, where "you" (also known as "Member") are the person accessing or using the website or Services.
Please read these Terms of Service carefully. They are intended to ensure the safety and integrity of Fugaboo.com while allowing our members to continue to enjoy use of the website. If you do not wish to be bound by these terms of service, you may not access or use this site.
We may at our sole discretion change, add, or delete portions of these Terms of Service at any time going forward. We will make a good faith effort to notify you of changes to this agreement in email and by posting notice of changes on the site.
We reserve the right to modify or discontinue Fugaboo.com. We will not be liable to you or any third party should we exercise this right. If you object to any such changes, your sole recourse will be to cease access to Fugaboo.com. Continued access of Fugaboo following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with Fugaboo as modified.
You use Fugaboo.com at your own risk. You understand and agree that Fugaboo is not responsible for any text, information, data, usernames, graphics, images, profiles, items, links or other content ("Content") posted by you, other users or outside parties on this website. Fugaboo is not responsible for the actions of other users ("Users") of the site.
Privacy
Your privacy is of the highest importance to us at Fugaboo. We recommend you read our privacy policy, which describes how we collect, store and protect your personal data. We hope that this policy helps you make informed decisions about the information you share on this website.
We've taken many precautions to ensure the safety of your personal data. We believe these precautions meet the rigorous standards of today's major social networks. However, you recognize and agree that these precautions do not guarantee that the site and services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities.
Fugaboo reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting these improper or unlawful activities.
Registration/Membership
You must be at least 18 years of age to use Fugaboo.com and must register with a valid email address. You are responsible for keeping the information you provide on this website confidential.
Your login information and password are recognized as "Account Credentials." They belong to you, and may not be transferred to, or shared with, third parties. All Fugaboo.com activity occurring under your Account Credentials are contributable to you, including activity that may violate these Terms of Service.
You agree to notify Fugaboo.com immediately of any unauthorized activity occurring under your Account Credentials.
We reserve the right to refuse service, restrict access to Fugaboo.com, or delete accounts of any user at any time.
Ownership
You recognize and acknowledge that the software, code, processes, proprietary methods and systems ("Our Technology") used to provide the Fugaboo.com services are:
(i) copyrighted by us and/or our licensors under U.S. and international copyright laws;
(ii) subject to other intellectual property and proprietary rights and laws; and
(iii) owned by us or our licensors.
Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology.
Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.
Certain of the names, logos, and other materials displayed on Fugaboo.com constitute trademarks, tradenames, service marks or logos (“Marks”) of Fugaboo or other entities. You are not authorized to use any such Marks, or confusingly similar Marks, without our written permission. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use.
Content
Fugaboo empowers people who live, work and play near each other to interact in friendly and mutually beneficial ways to get more out of their everyday lives. Members of Fugaboo.com do this by providing factual content about the places where they interact, and the things that happen in those places.
As a member of Fugaboo, you verify that the information you provide is true to the best of your knowledge. You will not knowingly provide inaccurate, misleading or false information to Fugaboo.com or any of its users. You will notify Fugaboo if information you provide later becomes, or is discovered to be inaccurate, misleading or false.
You will not provide any false personal information to Fugaboo.com. You will not create an account for anyone other than yourself.
You grant Fugaboo.com a non-exclusive, royalty-free, fully paid, fully sublicenseable worldwide license to use, reproduce, distribute, publicly display, modify or otherwise exploit the content you post to the site. You grant others the ability to do the same. Fugaboo does not claim ownership of your content.
You acknowledge that it is possible for outside third parties to re-post content you make public on Fugaboo. You will not hold Fugaboo responsible for disputes that arise by use of this content by an outside third party.
You verify that the content you post to the site does not:
• infringe the copyright, trademark, trade secret or other intellectual property right of others;
• violate the privacy, publicity or other rights of third parties of any law, statute, ordinance, or regulation;
• disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
• contain any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
• advocate or encourage illegal activity.
Futhermore, you will refrain from posting content that is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion.
Though we strive to enforce these rules with all of our users, you may be exposed through Fugaboo.com to content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may (but are not obligated to) review and remove content from the Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Site or through the Services whether it violates our content policies or not.
Fugaboo has the right to remove any content or information you post on Fugaboo. We will treat non-public communications between you and other Users in accordance with the Privacy Policy.
Safety
The safety of our users is extremely important to Fugaboo.com. While we consistently strive to keep Fugaboo safe, we cannot make any guarantees with respect to safety.
You acknowledge and agree that:
• You will not spam.
• You will not access Fugaboo using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission to collect users’ content or information.
• You will not upload viruses of any kind or upload any other malicious code.
• You will not solicit login information or access an account belonging to someone else.
• You will not harass any user.
• You will not post content that: is hateful, threatening, or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
• You will not offer any contest, giveaway, or sweepstakes on Fugaboo without our prior written consent.
• You will not use Fugaboo to do anything unlawful, misleading, malicious, or discriminatory.
• You will not do anything that could disable, overburden, or impair the proper working of Fugaboo, such as a denial of service attack.
• You will not facilitate or encourage any violations of the Terms of Use.
Interactions with Other Users
You are solely and exclusively responsible for your interactions with other Users, including both online and offline contact and interactions. You recognize that Fugaboo does not screen users, perform background checks of any kind. Fugaboo does not investigate User backgrounds or representations or statements made to you or others. Nor do we make representations or warranties as to the conduct or background of any user.
In no event shall Fugaboo be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any User in connection with use of the site, including without limitation: pecuniary loss, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, agreements or other dealings with other Users (or any of them), or other persons you encounter in connection with the Website. You agree to take reasonable precautions in all interactions with other Users, whether online or in person.
We will attempt to respond to complaints about user conduct in a timely manner, and act to help preserve the safety of Fugaboo.com and our users. You recognize that it is up to the users of Fugaboo.com to report actions that may violate the conduct rules set in these Terms of Service.
Personal Conduct
You acknowledge and agree not to use Fugaboo.com:
• for any purpose that is unlawful or prohibited by these Terms of Service;
• in any manner which could damage, disable, overburden or impair operation of Fugaboo.com; or
• to limit another user's enjoyment of the website or any service obtained through the website.
You shall specifically refrain from any of the following illegal and/or improper activities:
• Any attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Fugaboo or any User or supplier, or those of any other party;
• Any attempt to probe, scan or test the vulnerability of a system or network of Fugaboo or any User or supplier, or those of any other party;
• Interference, or any attempt to interfere with, service to any User, host or network including, without limitation, attempting to deliberately overload the system;
• Forgery of any TCP-IP packet header or any part of the header information in an e-mail or posting;
• Falsification of address information or other modification of e-mail headers to conceal the sender’s or the recipient’s identity;
• Use of Fugaboo to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;
• Use of Fugaboo to engage in activities that violate any applicable law or governmental regulation;
• Any use Fugaboo that we in our sole discretion deem to be exploitative, harassing, or otherwise harmful to any other person or entity;
• Use automated means like spiders, robots, crawlers or data-mining tools to download data from the website; or
• Attempt to gain unauthorized access to Fugaboo computer systems or network or engage in any activity that diminishes the functionality and service of the Fugaboo website.
Additionally, you agree to refrain from the following prohibited activities:
• Spam or otherwise contact users with unsolicited advertising messages:
• Contact anyone who has asked not to be contacted;
• Collect or store information about users for commercial purposes;
• Harass, stalk or threaten another member in any way;
• Advertise any illegal services or the sale of any item prohibited by applicable law;
• Display sexually explicit material of any kind;
• Post content that is harmful to minors;
• Post content in an irrelevant category or city;
• Encourage another member to engage in any activity that breaks the law or may cause injury;
• Post content that infringes upon copyrights, trademarks, patents or other proprietary rights;
• Post content that has personally identifiable information about another member without their consent;
• Transmit viruses or other material designed to disrupt computer hardware or software functionality;
• Impersonate another person or misrepresent your affiliation with another person or entity; or
• Post false or misleading information.
The above lists of prohibited activities are non-exhaustive and all-inclusive.
Social Networks
You may authorize Fugaboo to act on your behalf to log in to and interact with Facebook, Twitter and other social networking sites. Fugaboo does not collect user names or passwords for these sites. We store a unique authorization code provided to us by the social networking site to log in to it.
It is your discretion to authorize Fugaboo to access your social networks, and to revoke that authority, should you choose to do so.
We cannot guarantee that Fugaboo will always be able to offer services allowing you to connect to any social networks.
Third Parties
Fugaboo makes content from third parties available to you through the website. These third parties may include other members, advertisers, suppliers and outside websites. We do not control third-party content, and are not responsible for that content. We do not guarantee the accuracy, suitability or quality of the content. Nor do we assume responsibility for inaccurate, objectionable, misleading, unlawful or unintended content made available by these third parties on Fugaboo.com or linked websites. You recognize that you view, consume and access such third-party content at your own risk, and do not hold Fugaboo responsible for this content.
We provide third-party content, and links to third-party sites, for your convenience. We do not endorse these third parties, sites or materials. We do not endorse association with these sites or their operators. It is your responsibility to review the privacy policies and terms of use of any linked content.
You agree that in no event will we be liable to you in connection with any websites, content, materials or practices of any third party, including other users or members.
Limitation of Liability
Fugaboo, its parents, subsidiaries, offshoots, officers, directors, employees, agents and suppliers provide the website and associated services "as is" and without any warranty or condition — express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, performance, suitability to specific purposes or non-infringement clauses. No advice, information or content provided by Fugaboo in any form shall constitute a warranty.
In no event shall Fugaboo be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of anyone else in connection with the use of any product or service, including without limitation, death or bodily injury, emotional distress, property damage, and/or any other damages resulting from interactions between users, or the use of any product or service, or persons introduced by the website, whether online or offline.
Fugaboo does not guarantee that Fugaboo.com be safe or secure. Fugaboo is not responsible for the actions, content, information, or data of third parties, and you release us, our parents, subsidiaries, offshoots, directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this agreement or Fugaboo.com.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Indemnity
You agree to indemnify, defend and hold harmless Fugaboo, its parents, subsidiaries, offshoots, officers, directors, employees, agents and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or you violation of any law or the rights of a third party.
Submissions and Feedback
We encourage users to supply feedback to Fugaboo. "Feedback" includes ideas, suggestions, criticisms, improvements, site reviews and testimonials. You recognize that you are responsible for the originality, reliability, legality, and appropriateness of your feedback.
You agree that we may use any feedback to promote or modify our site and services without providing you compensation of any kind. Furthermore, you grant Fugaboo a non-exclusive, royalty-free, fully paid, fully sublicenseable worldwide license to use, reproduce, distribute, publicly display, modify or otherwise exploit your feedback.
Contact
Questions or concerns about Fugaboo.com, our services, other users or third parties may be provided through our contact form, or by email to contact@fugaboo.com.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Texas, excluding its conflicts of laws rules, and the United States of America.
Survival of Terms
These Terms of Service constitute the entire agreement between you and Fugaboo regarding the use of the Website and any product or service obtained in relation thereto. Unless otherwise explicitly stated, the terms will survive termination of your account and/or membership. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.