iFastFwd Media user agreement Last Revised May 28, 2017. Effective May 28, 2017
1 This agreement (“user agreement” or “agreement”) between iFastFwd Media (“we”, “our,” “us”) and you. This agreement sets the terms of your use of the iFastFwd Media website and services (“iFastFwd Media”) that include iFastFwd Media, messaging, iFastFwd Media mobile, and iFastFwd Media Video. This agreement is meant to encourage a fair and tolerant place for ideas, people, links, and discussion.
2 We also operate iFastFwd Media Video and iFastFwd Newswire. Those sites have their own terms that you should read here and here.
Your access to iFastFwd Media
4 Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to iFastFwd Media, (2) suspend or terminate Your Account or iFastFwd Media membership, and/or (3) remove any of your User Content from iFastFwd Media.
5 We reserve the right to monitor iFastFwd Media, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
iFastFwd Media is for your personal, lawful use
6 iFastFwd Media is designed and supported for personal use only. You may not use iFastFwd Media to break the law, violate an individual’s privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
iFastFwd Media is for Fun
7 iFastFwd Media is intended to be a place for your entertainment. We are not responsible for any decisions you make based on something you read on iFastFwd Media.
iFastFwd Media isn’t intended as a marketplace
8 iFastFwd Media is not intended to be a marketplace for any goods or services. However, you may find commercial links, coupons, deals, advertisements and other third-party offers on iFastFwd Media. In addition, iFastFwd Media may have affiliate relationships with certain of these third parties and may receive compensation for any purchase made from them. iFastFwd Media is not a party to, nor in any way responsible for, any transactions you have with these third parties, even if iFastFwd Media has an affiliate relationship with such parties. For this reason, any transactions you undertake are your responsibility alone, so be careful.
9 You may not use iFastFwd Media to conduct transactions for any illegal goods or services.
Your iFastFwd Media Account
10 To participate on iFastFwd Media, you must create an account that includes a username and password (“Your Account”) and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also browse iFastFwd Media without logging in.
11 You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
12 You may not license, transfer, sell, or assign Your Account without our written approval.
iFastFwd Media Platinum
13 You may also join our premium membership program, iFastFwd Media Platinum, by paying a monthly or annual fee, or if someone gifts you a membership. This user agreement applies to iFastFwd Media Platinum members. iFastFwd Media Platinum does not confer any benefits other than those listed here, it is not currency, it is a membership-based service, and its features are subject to change in the future.
14 You may also submit your debit or credit card information (“Payment Information”) via the website as part of iFastFwd Media Platinum or to purchase other products or services via iFastFwd Media. iFastFwd Media uses third party service providers to process your payment information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to iFastFwd Media or one of our service providers.
iFastFwd Media content
15 iFastFwd Media contains graphics, text, photographs, images, video, audio, software, code, website compilation, website “look and feel,” and advertisements supplied by us or our licensors, which we call “iFastFwd Media content.” iFastFwd Media content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
16 We grant you the right to access the iFastFwd Media content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display iFastFwd Media content, except as permitted by the doctrine of fair use or as authorized in writing by us. If you are interested in licensing iFastFwd Media content, learn more by reading our licensing page and contact us at firstname.lastname@example.org.
17 You retain the rights to your copyrighted content or information that you submit to iFastFwd Media (“user content”) except as described below.
18 By submitting user content to iFastFwd Media, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
19 You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
We don’t endorse user content
21 We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to iFastFwd Media.
Links and iFastFwd Media
iFastFwd Media rules
Your participation on iFastFwd Media
23 You also agree to follow the IFastFwd Media Content Policy. These guidelines are intended to keep people safe, protect kids, keep iFastFwd Media running, and to encourage personal responsibility for what you do on iFastFwd Media.
iFastFwd Media rules
24 iFastFwd Medias may create their own rules and enforce them as they see fit, providing they do not violate the terms of this agreement.
25 You agree that iFastFwd Media is not responsible for the actions taken or not taken by moderators.
26 Moderating a iFastFwd Media is an unofficial, voluntary position. We reserve the right to revoke that position for any user at any time. If you choose to moderate an iFastFwd Media, you agree to the following:
- You may not enter into any form of agreement on behalf of iFastFwd Media, or the iFastFwd Media which you moderate, without our written approval.
- You may not perform moderation actions in return for any form of compensation or favor from third-parties.
- When you receive notice that there is content that violates this user agreement on iFastFwd Medias you moderate, you agree to remove it.
Don’t spam the iFastFwd Media community
27 You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam. Cluttering iFastFwd Media with this sort of content reduces the quality of the iFastFwd Media experience for others. For guidance, see our rules about spam and self-promotion.
Respect users that edit their content
28 You may not purposefully negate any user’s actions to delete or edit their content on iFastFwd Media. This is intended to respect the privacy of iFastFwd Media users who delete or edit their content, and is not intended to abridge the fair use or the expressive rights shared by us all.
Don’t mess with iFastFwd Media
29 You agree not to interrupt the serving of iFastFwd Media, introduce malicious code onto iFastFwd Media, make it difficult for anyone else to use iFastFwd Media due to your actions, attempt to manipulate votes or iFastFwd Media’s systems, or assist anyone in misusing iFastFwd Media in any way. It takes a lot of work to maintain iFastFwd Media.
30 We support the responsible reporting of security vulnerabilities. To report an iFastFwd Media security issue, please send an email to security@iFastFwd.info.
Other ways of accessing iFastFwd Media
31 Use of the iFastFwd Media API is governed by the API access rules, available here.
32 iFastFwd Media does not select and takes no responsibility for any content available on iFastFwd Media Video.
33 We encourage the creation of other ways to access iFastFwd Media, including browser extensions and mobile and desktop applications. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any mobile or desktop application not produced by us.
34 If you produce or maintain a browser extension or application, you agree not to purposefully negate any user’s actions to delete or edit their content on iFastFwd Media.
Children and iFastFwd Media
35 iFastFwd Media is not directed at people under the age of 13, and iFastFwd Media does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing iFastFwd Media, please contact us here.
Copyright, the DMCA
36 We will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and we retain the right to remove user content on iFastFwd Media that we deem to be infringing the copyright of others. If you become aware of user content on iFastFwd Media that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to iFastFwd Media.
37 Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Any DMCA request should be sent to this contact information:
iFastFwd Media, Inc.
1415 Hwy 85N, Suite 310-151
Fayetteville GA 30214
38 Please send our Copyright Agent the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
- The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law; and
- 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 are authorized to act on the copyright owner’s behalf.
Your right to file a counter-notice
39 If we remove your user content in response to a copyright or trademark notice, we will notify you via iFastFwd Media’s private messaging system and offer to provide you with a copy of the notice. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can file a counter-notice with us that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
- A statement by you, 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 to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
40 Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on iFastFwd Media before that period passes, we will consider restoring your user content to the site.
41 It is iFastFwd Media’s policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
42 Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.
43 All the things you do and all the information you submit or post to iFastFwd Media remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
44 Specifically, you agree to hold iFastFwd Media, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of iFastFwd Media, your violation of this user agreement, and/or your violation of the rights of any third party or person.
Disclaimer of warranties
45 iFastFwd Media is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that iFastFwd Media will always work properly.
Limitation of liability
46 We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use iFastFwd Media, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
47 You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of iFastFwd Media.
48 We want you to enjoy iFastFwd Media, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at contact@iFastFwd.info.
49 The headings in this agreement are for convenience and do not control any of its provisions.
50 Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Georgia without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Atlanta, Georgia.
Severability and enforcement
51 If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
52 If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Changes to this user agreement
53 This user agreement is the entire agreement between you and us concerning iFastFwd Media. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the iFastFwd Media website. By continuing to use iFastFwd Media after a change to this agreement, you agree to those changes.