THIS MASTER SUBSCRIPTION AGREEMENT (“AGREEMENT”) GOVERNS YOUR USE OF Fomograph SERVICES.
- Agreement between user and Fomograph
1.1 Welcome to the Fomograph Software-as-a-Service Solution, the Fomograph Application, and any other website owned by Fliqq, Inc. (collectively, “Fomograph,” the “Services,” “Service,” “Sites,” “Site,” “Software” or “associated Sites”) Fomograph is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Fomograph Services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
1.2 Fomograph and associated Services are a software-as-a-service (“SAAS”) content management system for advertisement and engagement.
- Fomograph Account Registration
2.1 You must register with Fomograph (“Fomograph Account,” or “Account”) in order to use Fomograph’s Services or Sites. You are required to provide accurate and complete information. If we cannot verify the accuracy of the information, we may prohibit or limit your use of Fomograph’s Services, or terminate your account. Fomograph enables businesses to register for a Fomograph Account.
2.2 With regard to businesses or other entities, you are only permitted to enroll and register on Fomograph’s Services only if you have the authority to enter this agreement on behalf of the business. By accepting the terms of this Agreement, you are agreeing on behalf of the business.
- Businesses’ Relationship with Fomograph Fomograph provides businesses with an advertisement and engagement solution. Fomograph facilitates the collection and management of content.
- Electronic Communications Visiting Fomograph’s Sites or Services or sending emails to Fomograph constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Service or Services, satisfy any legal requirement that such communications be in writing.
- Your account
6.1 If you use these Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Fomograph is not responsible for third party access to your account that results from theft or misappropriation of your account. Fomograph and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at any time in our sole discretion.
6.2 Fomograph does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may not use the Service.
- Paying Subscription
8.1 If you elect to pay for a Fomograph subscription or fail to cancel your subscription at least 30 days before the end of your current Subscription Period (“Subscription Period”), you authorize Fomograph to charge the stated fee among, and any applicable sales tax to the payment method that you provided at the time of purchase. Subscription Period means the entire period that you have contracted to use Fomograph’s services, regardless if they have been paid. Current Period (“Current Period”) means the current period within your subscription period that is either currently paid or is due in payable. For example, if you contract to use Fomograph for one (1) year that is payable quarterly, then the Subscription Period is the one (1) year and the Current Period is the quarter that you have paid or is currently payable. The fee amount charged will be displayed when in conjunction with collecting billing and payment information on the Site or Services or in the form of a written contract.
8.2 If you do NOT specifically select the “Cancel Subscription” option for your paid Subscription, or notify Fomograph that you intend to Cancel your subscription, your Service will automatically renew 30 days before the end of each Subscription Period. If you are automatically renewed, your new Subscription Period At the time of renewal, Fomograph will charge the billing information and may send a bill consistent with the information that you provided on the activation date. Again, you must cancel your Service prior 30 days prior to the expiration of your Subscription Period in order to avoid billing for the next Subscription Period’s fees to your credit card. Fomograph services are prepaid and are non-refundable. Fomograph DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS.
8.3 If you do not pay or are late in making a payment on your Current Period, then the full amount of the Subscription Period will become due in payable fifteen (15) days after the last day of the Current Period that is currently unpaid.
- Cancellation/Refund Policy
9.1 You are solely responsible for properly canceling your account. An email or phone request to cancel your Account is not considered a cancellation, unless and until confirmed by Fomograph.
9.2 If you cancel the Service 30 days before the end of your current subscription, your cancellation will take effect immediately and you will not be charged again as a renewal. However, you will be responsible for paying for the full Subscription period in which the cancellation takes effect. If you do not cancel your subscription 30 days prior to the end of your current subscription, your account may renew automatically and billed appropriately.
9.3 Fomograph, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Fomograph service, for any reason at any time. Such termination of the Service will result in the deactivation or removal of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Fomograph reserves the right to refuse service to anyone for any reason at any time.
- Links to third party sites/Third party services
10.1 The Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Fomograph and Fomograph is not responsible for the contents of any Linked Site, including without limitation any link contained in Linked Sites, or any changes or updates to Linked Sites. Fomograph is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fomograph of the site or any association with its operators.
10.2 Third party sites and organizations deliver certain services made available via the Services. By using any product, service or functionality originating from the www.Fomograph.com or the associated Services, Sites, or Application, you hereby acknowledge and consent that Fomograph may share such information and data with any third party with whom Fomograph has a contractual relationship to provide the requested product, service or functionality, on behalf of Fomograph users and customers. We share this information to improve the Fomograph experience and Services.
- Modifications to the Service and Prices Fomograph reserves the right to modify these terms of service, modify or discontinue the Service with or without notice. Prices of all Services, including but not limited to various annual and monthly subscription plans to the Service, are subject to change upon 30 days notice from us. Such notice may be provided in any manner at any time via email or by posting to the Fomograph site (Fomograph.com).
- No unlawful or prohibited use/Intellectual Property
12.1 You are granted a non-exclusive, non-transferable, revocable license to access and use www.Fomograph.com and associated Services strictly in accordance with this Agreement. These Services can only be used at the authorized establishment address(es) for which you have paid subscription fees. For group license pricing and discounts, please contact Fomograph, as we’ll provide you a great deal. As a condition of your use of the Services, you warrant to Fomograph that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. In addition, Fomograph has the right to take Geolocation data to ensure that the Services are being used in accordance with these Terms of Service.
12.2 All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used as part of the Services, is the property of Fomograph or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
12.3 You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found within the Services. Fomograph content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fomograph and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fomograph or our licensors except as expressly authorized by these Terms.
- Use of communication services
13.1 The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Fomograph and/or the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
13.2 By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or Services; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, and cannot be legally distributed in such manner; falsify, manipulate, or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
13.3 Fomograph has no obligation to monitor the Communication Services. However, Fomograph reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Fomograph reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
13.4 Fomograph reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Fomograph’s sole discretion.
13.5 Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Fomograph does not control or endorse the content, messages or information found in any Communication Service and, therefore, Fomograph specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, and Communication Service participants are not authorized Fomograph spokespersons, and their views do not necessarily reflect those of Fomograph.
13.6 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
- Materials provided to www.Fomograph.com or posted on any Fomograph Service, Site, or Application
14.1 Fomograph does not claim ownership of the materials you provide to www.Fomograph.com (including feedback and suggestions) or post, upload, input or submit to any Fomograph Service or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fomograph, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses.
14.2 By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- Third Party Accounts You may be able to connect your Fomograph account to third party accounts. By connecting your Fomograph account to your third party account(s), you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
- International Users The Service is controlled, operated and administered by Fomograph from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fomograph Content accessed through www.Fomograph.com or associated Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- Indemnification You agree to indemnify, defend and hold harmless Fomograph, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Sites or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fomograph reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fomograph in asserting any available defenses.
- Liability disclaimer
18.1 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLIQQ, INC. THIS SERVICE IS OFFERED “AS IS.” AND/OR ITS PARTNERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR SERVICES AT ANY TIME.
18.2 FLIQQ, INC. AND/OR ITS PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, EQUATIONS, AND RELATED GRAPHICS CONTAINED ON THE SITE OR SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, EQUATIONS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FLIQQ, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, EQUATIONS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
18.4 FOMOGRAPH IS A SOFTWARE-AS-A-SERVICE (“SAAS”) CONTENT MANAGEMENT CONTENT MANAGEMENT SYSTEM. FOMOGRAPH DOES NOT ENDORSE THE CONSUMPTION OF ALCOHOL. THIS SOFTWARE SHOULD ONLY BE USED IN A BUSINESS OR COMMERCIAL SETTING AND IS NOT INTENDED FOR PERSONAL USE. DO NOT DRINK AND DRIVE.
- Termination/access restriction
19.1 Fomograph reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. This Agreement shall be interpreted and governed by the law of the New York without regard to its conflict of laws principles. You expressly acknowledge and agree that any claim brought in connection with this Agreement or the subject matter herein shall only be brought in a federal or state court located in the State of New York, County of New York, and you expressly waive all objections you might have to jurisdiction, venue, service of process, forum non conveniens or the like in connection therewith.
19.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fomograph as a result of this agreement or use of the Services. Fomograph’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fomograph’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Fomograph with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
19.3 Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fomograph with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fomograph with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
- Changes to Terms Fomograph reserves the right, in its sole discretion, to change the Terms under which www.Fomograph.com/terms is offered. The most current version of the Terms will supersede all previous versions. Fomograph encourages you to periodically review the Terms to stay informed of our updates.
- General Terms and Conditions
21.1 Technical support is only available to paying users via email or other official methods of communication from Fomograph.
21.2 You understand that Fomograph uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
21.3 You are not permitted to change, modify, adapt, or hack the Service.
21.4 You may not sell, license, or distribute copies of the Software or as part of any collection, product, or service where the primary value of the product or service is the Software.
21.5 Fomograph has the sole discretion to remove any content that we determine to be unlawful, offensive, threatening, libelous, or violates these terms of service.
21.6 You may not use Fomograph to upload, post, transmit, unsolicited emails, SMS, or “spam” messages.
21.7 You may not use Fomograph to transmit any software or viruses that are harmful to others computers.
21.8 If you significantly exceed the average bandwidth usage (as solely determined by Fomograph) of other Fomograph users, we reserve the right to disable your account and throttle bandwidth.
21.9 The failure of Fomograph to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement. This Agreement expresses the entire understanding of the parties and supersedes all prior and contemporaneous agreements and undertakings of the parties with respect to the subject matter hereof. In the event any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision of this Agreement, and that provision will be replaced by an enforceable provision that most closely meets the commercial interest of the parties, or if not possible, the other provisions of the Agreement will remain in full force and effect as if such unenforceable provision were not a part hereof.
- EXCLUSION OF DAMAGES EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA (END USER LICENSE AGREEMENT) , EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Contact Us Fomograph welcomes your questions or comments regarding the Terms: Fomograph Email Address: support@Fomograph.com Effective as of November 10, 2015
Protecting your private information is our priority. This Statement of Privacy applies to www.Fomograph.com, the Fomograph Software-as-a-Service Solution, the Fomograph Application, and any other website owned by Fliqq, Inc. (collectively, the “Services,” “Service,” “Sites,” “Site,” “associated Sites,” or “Fomograph”).
By using the Fomograph website or Sites, you consent to the data practices described in this statement.
What Does this Statement of Privacy Cover?
Collection of your Personal Information
Fomograph may collect Personal Information, such as your or your businesses’ name. If you purchase Fomograph’s products and services, we or a third-party service we use may collect billing or credit card information. This information is used to complete the purchase transaction(s). When you register for the Service, or when you ask for additional information from Fomograph about the Service, we may also ask you for additional personal information, such as title, department name, fax number, or additional company information, such as annual revenues, number of employees, or industry. Fomograph may also collect other demographic information, which is not unique to you, for purposes of improving your service.
Information about your computer/mobile hardware and software may be automatically collected by Fomograph to improve your experience and for support. This information can include: your IP address, operating system, computer/phone model, geolocation, browser type, domain names, access times, and referring Applications or Web addresses. This information is used for the operation of the Service, to help support our customers, to maintain and improve quality of the Service, and to provide general statistics regarding use of the Service.
Fomograph encourages you to review the privacy statements of websites you choose to link to from Fomograph so that you can understand how those websites collect, use and share your information. Fomograph is not responsible for the privacy statements or other content on websites outside of the Fomograph website.
Use of your Personal Information
Fomograph collects and uses your personal information to operate its websites, to deliver the services you have requested, and to continuously improve its services for you.
Fomograph may also use your personally identifiable information to inform you of other products or services available from Fomograph and its affiliates. Fomograph may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Fomograph owns any data that is uploaded by you to the Service and Fomograph has the right to aggregate and/or analyze all of your data, including but not limited to: content data, financial information, or other anonymous information.
Fomograph DOES NOT SELL, RENT or LEASE its CUSTOMER LISTS TO THIRD PARTIES.
Fomograph may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) may be transferred to the third party. Fomograph may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for other deliveries which enhance Fomograph’s services. All such third parties are prohibited from using your personal information except to provide these services to Fomograph, and they are required to maintain the confidentiality of your information.
Fomograph may keep track of the websites and pages our users visit within our Sites, in order to determine which Fomograph services are the most popular. This data is used to deliver customized content and service within Fomograph to customers whose behavior indicates that they are interested in a particular area.
Fomograph may disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Fomograph or the site; (b) protect and defend the rights or property of Fomograph; and, (c) act under exigent circumstances to protect the personal safety of users of Fomograph, or the public.
The Fomograph website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In addition, you enable Fomograph to obtain any other cookies used on your website in conjunction with the Fomograph service.
Security of your Personal Information
Fomograph secures your personal information from unauthorized access, use or disclosure. We routinely scan our source code to check for weaknesses or vulnerabilities. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol that even the most trusted banks use.
Children Under Eighteen
Fomograph does not knowingly collect personally identifiable information from people under the age of eighteen. If you are under the age of eighteen, you are not permitted to use the Service. Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Fomograph by clicking the “Unsubscribe” link within emails or by contacting us here: – Email: unsubscribe@Fomograph.com
Changes to this Statement
Fomograph will occasionally update this Statement of Privacy to reflect company and customer feedback. Fomograph encourages you to periodically review this Statement to be informed of how Fomograph is protecting your information. Merger or Transfer Should we sell, merge or transfer any part of our business, part of the sale may include your personal information.
Fomograph welcomes your questions or comments regarding this Statement of Privacy. If you believe that Fomograph has not adhered to this Statement, please contact Fomograph at:
Effective as of November 10, 2015