Acceptance of Terms.
The Service is available only to individuals who are at least 13 years old and possess legal parental or guardian consent if applicable. If you do not so qualify, do not attempt to use the Service. Fairy Fly Entertainment may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
Rules and Conduct.
By way of example, and not as a limitation, you shall not to (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Fairy Fly Entertainment or any third party; or
- impersonates any person or entity, including any employee or representative of Fairy Fly Entertainment.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Fairy Fly Entertainment in its sole discretion) an unreasonable or disproportionately large load on Fairy Fly Entertainment’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures Fairy Fly Entertainment may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
Third Party Websites.
Other websites are not under Fairy Fly Entertainment’s control, even if they contain links to the Site, and you acknowledge that Fairy Fly Entertainment is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Fairy Fly Entertainment or any association with its operators. You further acknowledge and agree that Fairy Fly Entertainment shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Except for information, products or services clearly identified as being supplied by Fairy Fly Entertainment, Fairy Fly Entertainment does not in any way review, operate, or control any material, information, products or services on other sites.
Modifications to the Service, Other Services and Products.
You acknowledge that Fairy Fly Entertainment may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Service. You further acknowledge that Fairy Fly Entertainment reserves the right to modify these general practices and limits from time to time. Fairy Fly Entertainment reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), other services, or products, with or without notice. You agree that Fairy Fly Entertainment shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, other services, or products.
Proprietary Rights to Content.
The Content available through the Service is the property of Fairy Fly Entertainment or its partners, licensors or users, or third-parties. Such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Fairy Fly Entertainment in writing, you shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, broadcast, adapt, edit or create derivative works from such Content, or in any way commercially exploit any of the Content, or infringe upon trademarks, service marks or other intellectual property displayed or received through the Service, including but not limited to others in the same company or organization.
However, certain works on the Site are licensed under one of the Creative Commons Licenses, and for the rest, Fairy Fly Entertainment hereby grants you a limited, revocable, non-sublicensable license to display, reformat and print Content (excluding any software code) for your personal, non-commercial use only; provided, that you retain all copyright and other proprietary notices contained therein.Â Reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Fairy Fly Entertainment.
FAIRY FLY ENTERTAINMENT DOES NOT ACCEPT OR CONSIDER UNSOLICITED SUBMISSIONS, IDEAS, CONCEPTS, PROPOSALS OR OTHER INTELLECTUAL PROPERTY THAT FAIRY FLY ENTERTAINMENT DOES NOT SPECIFICALLY REQUEST.
The Service may provide you with the ability to upload, submit, disclose, distribute, email, communicate, transmit, send or otherwise post (hereafter, “posting”) content (which may include, without limitation, information, data, and images), whether solicited or unsolicited, to the Service or Fairy Fly Entertainment (“User Submissions”). By posting User Submissions on or at the Site or otherwise through the Service or to Fairy Fly Entertainment, you:
- acknowledge and agree that you grant Fairy Fly Entertainment and its successors and assigns a non-exclusive, worldwide, royalty free, perpetual, irrevocable license under your copyrights or other intellectual property rights (including without limitation, any concepts, suggestions, ideas or know-how embodied therein), if any, in such material to use, distribute, display, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, display and perform, whether publicly or otherwise, such material in any and all media, now known or hereafter developed, in any manner, whole or part, and without any duty to account to you;
- grant Fairy Fly Entertainment the right to assign, transfer, license or sublicense through multiple tiers of sublicensees any of the rights granted by you;
grant Fairy Fly Entertainment the right to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal use;
- grant the right to use your name and company name, if either are applicable, in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotion material related to those materials and other information to Fairy Fly Entertainment;
- agree that you shall have no recourse against Fairy Fly Entertainment for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Fairy Fly Entertainment or in your User Submissions;
- represent and warrant that you own, control, or otherwise possess sufficient legal rights to such User Submissions and that disclosure and use of such User Submissions by Fairy Fly Entertainment (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
- acknowledge that such User Submissions may not be treated confidentially;
You shall not provide Fairy Fly Entertainment with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions you post on or through the Service. Fairy Fly Entertainment does not endorse and has no control over any User Submission.
Fairy Fly Entertainment has no obligation to monitor the Site, the Service, Content, or User Submissions. Fairy Fly Entertainment may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
ANY AND ALL ADVICE OR INFORMATION ACCESSED ON OR THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, FINANCIAL, OR SECURITY (INCLUDING MISSION-CRITICAL COMPUTER SECURITY) DECISIONS OR ANY OTHER DECISIONS OF CRITICAL IMPORTANCE AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.Â FAIRY FLY ENTERTAINMENT, AND ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE CONTENT OR USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability.
IN NO EVENT SHALL FAIRY FLY ENTERTAINMENT, NOR ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR USER SUBMISSIONS (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Fairy Fly Entertainment makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability.
Copyright and Trademark Notices.
Unless otherwise indicated, all Content provided by Fairy Fly Entertainment is copyright © 2007-2019 Fairy Fly Entertainment. All rights reserved.
Fairy Fly Entertainment, Fairy Fly Entertainment’s logo, Fairyfly, Trilllogic Innoventions, Trilllogy3, Pathway Nexus, Generation-E and other service names, product names, logos, and graphics are trademarks of Fairy Fly Entertainment. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.
Fairy Fly Entertainment respects the intellectual property of others, and requires that our users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact Fairy Fly Entertainment at email@example.com.
By continued use of the Site, you acknowledge that you have read and are bound by this agreement, as well as any other Fairy Fly Entertainment network usage agreements that may govern your conduct. Thank you for participating on our website. Please do not hesitate to contact usÂ at firstname.lastname@example.org if you have questions.