Please read these Terms carefully so that you understand the conditions for accessing and using the Site and associated services. We may make changes to these Terms from time to time, so check back frequently. Your continued use of the Site and associated services following any posted changes to the Terms constitutes your consent to them. If you do not agree to the Terms, please do not use our Site.
Our Site and its related services are intended only for use by those who are 13 years of age or older; certain areas of our Site may be intended for use by those 18 and older and of the age of majority in their jurisdiction of residence. This Site is intended to provide information and services for your personal use and to assist you in your professional career. We grant you a limited, nonexclusive, revocable license to make personal and non-commercial use of the Site, and to make commercial use only in the limited manner permitted through F+W Marketplaces. This license does not include the right to modify, reproduce, copy, or resell any of the content of the Site; to bypass any technical measures used to prevent or restrict access to any portion of the Site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; to violate or attempt to violate the security of the Site; to interfere with or attempt to interfere with the proper working of the Site; or to collect other users’ personal and/or contact information except as expressly permitted on particular sites.
You agree to use this Site only for lawful purposes and in accordance with these Terms. You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time. We reserve the right, in our sole discretion, to refuse service to anyone and to block or prevent your future access to and use of this site.
Submission of Content and User Activity
From time to time, we may make available on this Site services or features that allow users to post or upload materials to the Site or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not F+W, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the site or any associated services. You represent and warrant that you own or otherwise control all the rights to any Content that you upload, transmit or otherwise make available through the site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity.
In line with, and without limiting, the foregoing, you specifically agree that you will not:
- Provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity;
- provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic, or obscene material;
- provide any content that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, age, gender, sexual orientation, or disability;
- provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship;
- provide any Content that contains software viruses or other harmful devices;
- provide links to any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, surveys, contests, or other forms of solicitation, unless on a page that explicitly states that such postings are permitted on that page; or
- impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
Please check the Site for any additional rules of decorum that may be posted where you have the opportunity to participate in particular community forums and the like.
You grant the following license with respect to any and all Content you post or submit to this site: you hereby expressly grant to F+W a royalty-free, non-exclusive right and license, perpetual and irrevocable except as provided below, to use, reproduce, publish, edit, translate, perform, transmit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you.
If you are posting Content to a Reference Image Library on any of our Sites, you grant to all other users of that Site a royalty-free, perpetual, non-exclusive, worldwide, irrevocable right and license to use your uploaded images as reference images in the creation of new artwork in a different medium (such as painting, sculpture, and so on), and to sell the artwork they create pursuant to this license to use the image. You do not grant others the right to digitally alter the image or sell the image in its unaltered state. You retain any copyright you own in the original image.
We are not obligated to regularly review, monitor, delete, or edit the Content of the Site as posted by users. However, we reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to edit or delete any posting or submission, with or without notice. We are not responsible or liable for damages of any kind arising from any Content, or from our alteration or deletion of any Content, even when we are advised of the possibility of such damages.
You acknowledge and agree that you are solely responsible for your interaction with other users on the Site and that F+W has no obligation to monitor or resolve disputes between users regarding comments or postings made by users of the Site.
Registration; Your Account
Before you can make use of certain services associated with this Site, you must register on the Site. You agree and warrant that all information you provide to us through this site, including but not limited to any contact information and other registration information for your account, is truthful and accurate. You further agree to inform us promptly of any changes to your contact information during the time in which you are participating in Site activities. By creating an account with us, you consent to receive communications from us electronically via the email address associated with your account, and you agree that communications sent in this manner satisfy any legal requirement that such communications be in writing.
You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
If you choose to use any of our Marketplaces services, you agree to the additional terms set forth in this section. The following goods, services, and content are prohibited on Marketplaces:
- goods, services, or content violating the law or legal rights of others
- false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
- offensive, obscene, defamatory, threatening, or malicious postings or email
- anyone else’s personal, identifying, confidential or proprietary information
- spam; miscategorized, overposted or cross-posted content
- weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
- ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
- US military items not demilitarized in accord with Defense Department policy
- child pornography; bestiality; offers or solicitation of illegal prostitution
- alcohol or tobacco; unpackaged or adulterated food or cosmetics
- prescription drugs, medical devices; controlled substances and related items
- recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing
- stolen property, property with serial number removed/altered, burglary tools, etc
- ID cards, licenses, police insignia, government documents, birth certificates, etc
- counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
- lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
- postings or email offering, promoting, or linking to unsolicited products or services
- affiliate marketing; network, or multi-level marketing; pyramid schemes
- any other materials or items which F+W at its sole discretion decides not to permit
Holds: To protect against the risk of liability, payments that sellers receive from F+W Marketplaces transactions may be subject to holds.
No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
User Disputes: If you have a dispute with one or more users, you release F+W from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. F+W is not responsible for the quality, timeliness, accuracy, completeness or pricing of marketplace goods and services listed and sold by third party F+W marketplace sellers in any way.
Items Offered for Purchase
F+W will make every attempt to ensure that information on this Site is accurate, complete and current as it relates to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Availability of merchandise or other items offered for sale may vary. Some featured items may be available only in limited quantities or only while supplies last. Display of an item on the Site is not a guarantee that the item is currently in stock or that it will be available on the Site when you visit again. We reserve the right, without prior notice, to limit the order quantity on any product or item offered for sale and/or to refuse service to any customer that we believe would violate any of our business practices, applicable laws or policies. We also may require verification of information prior to the acceptance and/or shipment of any order.
Trademarks and Copyrights
The trademarks, trade dress, logos, and service marks displayed on this Site are owned by F+W and third parties. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. All content on the Site, including without limitation text, photographs, graphics, layout, and design, is owned by F+W, or F+W has been granted permission to use the content. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any copyrighted material on the Site. Notwithstanding the foregoing, you may download a single copy of the content on the Site for your personal, noncommercial use, provided all copyright and other proprietary notices are kept intact and provided that you do not modify the content in any manner.
Disclaimer of Warranties; Indemnification
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY US ON AN “AS IS” OR “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY, OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless F+W, its subsidiaries, their agents, distributors, and affiliates, and their officers, directors, and employees, from and against any claims, demands, damages, costs, and expenses, including without limitation reasonable attorney’s fees, arising from or related to your use of the Site and its services, your submission of any Content, or your breach of any provision of these Terms or any warranty hereunder. You agree that all disputes concerning the construction, interpretation, validity, effect, and enforceability of these Terms will be governed by the laws of the State of Ohio without regard to conflicts of laws provisions. You agree that exclusive jurisdiction over any legal action arising out of or in connection with your use of the Site will be in state or federal courts located in or nearest to Hamilton County, Ohio (except that F+W may seek injunctive relief anywhere), and by participating in the Site activities you consent to such jurisdiction and venue and consent to resolve any such claims individually and without resort to class action.
Advertising and Links
F+W may provide, or advertisers may post, links to other internet sites or resources. Because F+W has no control over such sites and resources, you acknowledge and agree that F+W is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
If you link to this Site, the link must not create the false impression that your website is sponsored by, endorsed by, affiliated and/or associated with F+W. Under no circumstances may you “frame” this Site or alter its intellectual property content in any way.
Your dealings and communications with any advertiser or other third party found on or through the Site are solely between you and that third party. Please carefully review the third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Any complaints, concerns, or questions you may have related to materials provided by or dealings with third parties should be forwarded directly to the third party. See the Marketplaces section for information specific to Marketplaces services.
Copyright Infringement Claims (DMCA)
F+W respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. F+W reserves the right to remove access to infringing material posted to its Site. Such actions do not affect or modify any other rights F+W may have under law or contract.
If you believe that any portion of the material contained on this Site infringes your copyright, notify F+W of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this Site’s Designated Agent:
Lori Krafte, Esq.
Wood Herron & Evans LLP
2700 Carew Tower 441 Vine Street
Cincinnati, Ohio 45202
To be effective, the Notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, F+W will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has 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;
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which F+W may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, F+W will:
- promptly provide the complaining party with a copy of the Counter Notification;
- inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided F+W’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on F+W’s network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Contact Us If you have a question regarding Site policy, please contact us by mail at: F+W Media, Inc. 10151 Carver Road Suite #200 Blue Ash, Ohio 45242 or by email TermsOfUse@fwcommunity.com