Terms of Use

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular FTC Web Site, or any product or service offered on any FTC Web Site (each a "FTC Site/Service", and collectively "FTC Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify FTC Networks, LLC immediately of any unauthorized use of your account or any other breach of security. FTC Networks, LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FTC Networks, LLC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

MODIFICATION OF THESE TERMS OF USE

FTC Networks, LLC reserves the right to change the terms, conditions, and notices under which the FTC Sites/Services are offered, including but not limited to the charges associated with the use of the FTC Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the FTC Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the FTC Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the FTC Sites/Services. Without the advance express written permission of FTC, you may not ‘meta-search’ the FTC Sites/Services, send, or cause to be sent, any automated queries of any sort to the FTC Sites/Services, or use the FTC Sites/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any FTC Sites/Services to determine how a web site “ranks” on any FTC Sites/Services.

LINKS TO THIRD PARTY SITES

The FTC Sites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of FTC Networks, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FTC Networks, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site nor is FTC Networks, LLC responsible if the Linked Site is not working appropriately. FTC Networks, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FTC Networks, LLC of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the FTC Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. FTC Networks, LLC shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the FTC Sites/Services, you will not use the FTC Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the FTC Sites/Services in any manner that could damage, disable, overburden, or impair any FTC Site/Service(s) (or the network(s) connected to any FTC Site/Service(s)) or interfere with any other party's use and enjoyment of any FTC Site/Service(s). You may not attempt to gain unauthorized access to any FTC Site/Service, other accounts, computer systems or networks connected to any FTC Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the FTC Sites/Services.

USE OF SERVICES

The FTC Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

FTC Networks, LLC has no obligation to monitor the Communication Services. However, FTC Networks, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FTC Networks, LLC reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

FTC Networks, LLC reserves the right at all times to disclose any information as FTC Networks, LLC deems 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 FTC Networks, LLC's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. FTC Networks, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, FTC Networks, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Room Operators, hosts and Webmasters are not authorized FTC Networks, LLC spokespersons, and their views do not necessarily reflect those of FTC Networks, LLC.

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 download the materials.

MATERIALS PROVIDED TO FTC Networks, LLC OR POSTED AT ANY FTC WEB SITE

FTC Networks, LLC does not claim ownership of the materials you provide to FTC Networks, LLC (including feedback and suggestions) or post, upload, input or submit to any FTC Site/Service or its associated services for review by the general public, or by the members of any public or private group, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting FTC Networks, LLC, its affiliated entities and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all FTC Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a FTC Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. FTC Networks, LLC is under no obligation to post or use any Submission you may provide and FTC Networks, LLC may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AND CONTENT AVAILABLE THROUGH THE FTC SITES/SERVICES

All content and software (if any) that is made available to view and/or download in connection with the FTC Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of FTC Networks, LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, FTC Networks, LLC hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular FTC Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FTC SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE FTC SITES/SERVICES AND TO THE INFORMATION THEREIN. FTC Networks, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FTC SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE FTC SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FTC Networks, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE FTC SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FTC Networks, LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT FTC Networks, LLC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN FTC SITE/SERVICE. YOU SPECIFICALLY AGREE THAT FTC Networks, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT FTC Networks, LLC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN FTC SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL FTC Networks, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FTC SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE FTC SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FTC SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE FTC SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FTC Networks, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FTC SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FTC SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that FTC Networks, LLC may establish limits concerning use of any FTC Service offered on an FTC Web Site, including without limitation the maximum number of days that e-mail messages will be retained by any FTC Service, the maximum number of e-mail messages that may be sent from or received by an account on any FTC Service, the maximum size of an e-mail message that may be sent from or received by an account on any FTC Service, the maximum disk space that will be allotted on FTC Networks, LLC's servers on your behalf either cumulatively or for any particular service, such as for storing digital photographs, and the maximum number of times and duration you may access any FTC Service in a given period of time.

You agree that FTC Networks, LLC has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any FTC Service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any FTC service may change at any time. You acknowledge that FTC Networks, LLC reserves the right to sign out, terminate or delete your accounts for any particular Web site or service within FTC that are "inactive" for an extended period of time. "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by FTC Networks, LLC, in its sole discretion. The amount of time that FTC Networks, LLC currently considers as an "extended" period of time is determined based on the particular FTC Web site or FTC Service within FTC to which it pertains, and may be viewed in the FAQ, or other user information relating to the particular service.

FTC Networks, LLC MAKES NO WARRANTY THAT ANY FTC SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

FTC Networks, LLC reserves the right, in its sole discretion, to terminate your access to any or all FTC Sites/Services and the related services or any portion thereof at any time, without notice. FTC Networks, LLC may also terminate or suspend your access to FTC Site/Service(s) for inactivity, as set forth, above, in "Storage Space and Other Limitations." FTC Networks, LLC shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

FTC Networks, LLC may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay FTC Networks, LLC liquidated damages of five dollars (US$5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay FTC Networks, LLC's actual damages, to the extent such actual damages can be reasonably calculated. You agree that FTC Networks, LLC may charge such damages to your selected Payment Method, as set forth in the FTC Networks, LLC Billing section, below.

GENERAL

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of California, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of the FTC Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FTC Networks, LLC as a result of this agreement or use of the FTC Sites/Services. You agree to indemnify and hold FTC Networks, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the FTC Sites/Services. FTC Networks, LLC reserves the right to disclose any personal information about you or your use of the FTC Sites/Services, including its contents, without your prior permission if FTC Networks, LLC has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of FTC Networks, LLC or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. FTC Networks, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FTC Networks, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FTC Sites/Services or information provided to or gathered by FTC Networks, LLC 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FTC Networks, LLC with respect to the FTC Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FTC Networks, LLC with respect to the FTC Sites/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.

COPYRIGHT AND TRADEMARK NOTICES:

FOR INFORMATION REGARDING THE FTC Networks, LLC PRIVACY STATEMENT CLICK HERE.

You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the merchant. With respect to applicable taxes, the merchant will advise you subsequently of the exact amount of tax due on your purchase. FTC has no responsibility whatsoever for any miscalculation or omission by a merchant of applicable taxes on any sale.

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use FTC Shopping in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access FTC Shopping.

FTC PHOTOS

In addition to the warranty and representation set forth in these Terms of Use, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"), you warrant and represent that (a) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the FTC Site/Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture. By Posting a Picture, you are granting (a) to all members of your private group (for each such Picture available to members of such private group), (b) to the general public (for each such Picture available anywhere on the FTC Web Site, other than a private group), and/or (c) to any person with whom you share Pictures through e-mail using the FTC Site/Services, permission to use your Picture in connection with the use, as permitted by these Terms of Use, of any FTC Site/Service, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Picture without having your name attached to such Picture, and the right to sublicense such rights to any supplier of such FTC Site/Service. The licenses granted in the preceding sentences for a Picture will terminate at the time you completely remove such Picture from the FTC Web Site, provided that, such termination shall not affect any licenses granted in connection with such Picture prior to the time you completely remove such Picture. No compensation will be paid with respect to the use of your Picture."

FTC Networks, LLC BILLING

Charges on your Billing Account

FTC Networks, LLC bills you through an online account (your "Billing Account") for services and items obtained under this Agreement (the "Products"). You agree to pay FTC Networks, LLC all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorize FTC Networks, LLC to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Charges on your Billing Account will be summarized for you online (your "Online Statement"). You will have one Online Statement per Billing Account. FTC Networks, LLC reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

YOU MAY WITHDRAW YOUR CONSENT OR UPDATE YOUR E-MAIL ADDRESS BY VIEWING THE WEBSITE AT HTTP://FTCCHAT.NET AND FOLLOWING THE INSTRUCTIONS WITHIN. HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, FTC Networks, LLC MAY TERMINATE YOUR BILLING ACCOUNT AND ANY SUBSCRIPTIONS, SERVICES OR OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT.