Terms Of Use – Fairy Fly Entertainment

YOUR CONTINUED USE OF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THE TERMS OF USE.

Acceptance of Terms.

The following terms and conditions govern all use of the fairyflyentertainment.com website (the Site) and the services available on or at the Site (taken together, the Service). The Service is owned and operated by Fairy Fly Entertainment and it’s owners, Noel Lopez, Lori R. Lopez, and Rafael Lopez (Fairy Fly Entertainment). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the Terms of Use) and all other operating rules, policies and procedures that may be published from time to time on the Site by Fairy Fly Entertainment.

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.

Modification of the Terms of Use.

Fairy Fly Entertainment reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy.

Fairy Fly Entertainment’s current Privacy Statement for the Site is located on the Privacy page and is incorporated into these Terms of Use. For inquiries in regard to Fairy Fly Entertainment’s Privacy Policy, or to report a privacy related problem, please contact us at .

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. For purposes of the Terms of Use, “Content” includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Fairy Fly Entertainment or its partners on or through the Service.

By way of example, and not as a limitation, you shall not to (or permit others to) either (a) take any action or (b) download, 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 abide by all applicable local, state, national and international laws and regulations.

Third Party Websites.

Fairy Fly Entertainment may make content or services from other websites available to you from links located on the Site, and the Service may permit you to link to other websites or resources on the Internet. When you click on these links, you are leaving the Site for others that are governed by their own terms of use and privacy policies. Some of those links are Affiliate Links that may provide Fairy Fly Entertainment a Referral Fee when you follow the link and purchase on the other website. This comes at no cost to you.

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.

Please read the terms of use and privacy policies of any third-party websites that you visit. All rules, policies and operating procedures of any third-party sites will apply to you while on such 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.

User Submissions.

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.

Termination.

Fairy Fly Entertainment may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your subscription or no longer wish to receive e-mails from Fairy Fly Entertainment, you may follow the directions at the bottom of any e-mail sent to your e-mail address or click on the Manage Subscription link located on every page on the Site and simply discontinue using the Service. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No Warranties.

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.

Indemnification.

You shall defend, indemnify, and hold harmless Fairy Fly Entertainment, its affiliates and each of its, and its affiliates employees, contractors, owners, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your (i) use or misuse of the Service; (ii) your access to the Site, use of the Services, violation of the Terms of Use by you; or, (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Fairy Fly Entertainment reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Fairy Fly Entertainment in asserting any available defenses.

International/Non-California Use.

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.

Dispute Resolution.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Fairy Fly Entertainment agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of this Site or Services shall be filed only in the state or federal courts located in San Diego County, California and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability.

The Terms of Use are the entire agreement between you and Fairy Fly Entertainment with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Fairy Fly Entertainment with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous.

The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Fairy Fly Entertainment’s prior written consent. Fairy Fly Entertainment may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

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.

Copyright Complaint.

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 .

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 us at if you have questions.

This Terms Of Use document is licensed under a Creative Commons Attribution-Share Alike 3.0 United States License and is derived in part from the Terms Of Use/Service works from Swivel, The Media Center, comforteagle on Open Source Initiative, Weblogs at Harvard Law School, OER Africa, ProgressiveU.org, and Tyler/Tweak on Zen Cart.