4Fimo® Terms of Service
4Fimo®, a Liveadviser Inc. product (also referred to as "we", "us", or "our") that provides the services described below (collectively, "Services"). 4Fimo® Terms of Service explain our agreement with you (User) to use our Services. In order to provide our Services (as defined below) through our app, services, features, software or website, we need to obtain your express agreement (as a user) to our Terms of Service ("Terms"). You must agree and abide by 4Fimo® Terms of Service. You agree to our Terms by registering, installing, accessing, or using our apps, services, features, software, or website. Violation of 4Fimo® Terms of Service may lead to various serious consequences including, but not limited to, suspending your account.
Services
File Sharing and transferring. We provide ways for you to transfer files (e.g., images, video, and documents) between your devices, phone to a computer, vice verse, and to share files with other people.
Managing Your Account
Registration. You must
register
for our Services using a valid email address and user created
password. We will confirm your email by sending you an
activation link before you can start using our Services.
Communicating with us. As part of
your account registration, you may opt out of receiving
marketing communication. However, please note that we will still
email you regarding any changes or updates to our Services
Your Privacy Rights. 4Fimo® is a
Privacy
based service and we care about your privacy. 4Fimo® Privacy
Policy describes our information practices, the types of
information we receive and collect from you, how we may use and
share this information, our messaging practices, and your rights
in relation to the processing of information about you. The
Privacy Policy sets out the legal bases for our processing of
personal information about you, including the collection, use,
processing, and sharing of such information.
Termination. Although we hope you
remain a 4Fimo® User, you can terminate your relationship with
4Fimo® anytime for any reason by deleting your account. For
instructions on how to do so, please visit:
delete
your Account. We may also modify, suspend, or terminate your
access to or use of our Services anytime for suspicious or
unlawful conduct, including for fraud, or if we reasonably
believe you violate our Terms or create harm, risk, or possible
legal exposure for us, our users, or others. Upon Termination,
4Fimo® disclaims any and all liability whatsoever to you for any
termination of your Account or the Service, or related deletion
of your information.
About using 4Fimo®
Ways To Improve Our Services. We may analyze how
you make use of 4Fimo®, in order to improve all aspects of our
Services described here, including helping businesses who use
4Fimo® measure the effectiveness and distribution of their
services and messages.
Data Centers and Our Services. To operate our
Services, we need to store and distribute content and
information in data centers and systems. Currently we use AWS
servers to store and host our Services. Those servers are
located within the AWS U.S. regions. This infrastructure may be
owned or operated by our service providers or their affiliated
companies. For more information about AWS policies please visit
amazon policies.
Age Requirement. To use 4Fimo®, you
must be at least 18 years-old. In addition to being of the
minimum required age to use our Services under applicable law,
if you are not old enough to have authority to agree to our
Terms in your country, your parent or guardian must agree to our
Terms on your behalf.
Recipient's information. You provide
us, all in accordance with applicable laws, a valid email
address of the receiver of your message or files.
Access to Devices. You may choose to
provide 4Fimo® with access to your device's camera or files in
order to be able to share such photos or files with yourself or
any recipient.
No Access to Phone or Text Service.
Our Services do not provide access to standard phone or SMS
messaging features on your phone and the app cannot be used for
these services. This includes contacting emergency services or
emergency services providers, including the police, fire
departments, or hospitals, or otherwise connecting to public
safety answering points. You should ensure you can contact your
relevant emergency service providers through a mobile phone, a
fixed-line telephone, or other service.
Devices and Software. You must
provide certain devices, software, and data connections to use
our Services, which we otherwise do not supply. In order to use
our Services, you consent to manually or automatically download
our application and install updates to our Services. You also
consent to our sending you notifications via 4Fimo® from time to
time, as necessary to provide our Services to you.
Fees and Taxes. 4Fimo® charges a fee
for Premium Plans varying per plan. Any payments made to 4Fimo®
will be made on an annual basis by using Amazon Pay. 4Fimo®
doesn't process your financial information including not
providing options for payments' auto renewal or recurring
payments. For more information please visit Amazon's privacy
policies page. You are responsible for all carrier's data plans,
Internet fees, and other fees and taxes associated with your use
of our Services.
Payment Dispute. If you believe you
have been incorrectly charged, you must notify Amazon of such
disputed charges within the time provided for in your payment
card agreement or you waive your right to dispute those charges.
Please contact Amazon Pay customer service.
Acceptable Use of Our Services
Our Terms and Policies. You must use
our Services according to our Terms and policies. If you violate
our Terms or policies, we may take action with respect to your
account, including disabling or suspending your account and, if
we do, you must not create another account without our
permission. Any amendment to or waiver of our Terms requires our
express consent. You have the right to terminate your
relationship with 4Fimo® at any time by deleting your account.
Privacy and Security Principles.
We've built our Services based on Privacy principles and
protections. We work to protect the safety and security of
4Fimo® by appropriately dealing with abusive people and activity
and violations of our Terms. We prohibit misuse of our Services,
harmful conduct towards others, and violations of our Terms and
policies, and address situations where we may be able to help
support or protect our community. As a user, you must respect
other users of 4Fimo® and our Terms. Users may block and report
other Users who violate our Terms and for violating a
third-party Intellectual Property Rights. Please note that once
an account/ User is blocked, 4Fimo® may review the User's
activities and may pursue other actions including, but not
limited to, suspending your account or contacting law
enforcement.
Legal and Acceptable Use. YOU MUST
ACCESS AND USE OUR SERVICES ONLY FOR LEGAL, AUTHORIZED, AND
ACCEPTABLE PURPOSES. YOU WILL NOT USE (OR ASSIST OTHERS IN
USING) OUR SERVICES IN WAYS THAT: (A) VIOLATE, MISAPPROPRIATE,
OR INFRINGE THE RIGHTS OF 4FIMO, OUR USERS, OR OTHERS, INCLUDING
PRIVACY, PUBLICITY, INTELLECTUAL PROPERTY, OR OTHER PROPRIETARY
RIGHTS; (B) ARE ILLEGAL, OBSCENE, DEFAMATORY, THREATENING,
INTIMIDATING, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY
OFFENSIVE, OR INSTIGATE OR ENCOURAGE CONDUCT THAT WOULD BE
ILLEGAL OR OTHERWISE INAPPROPRIATE, INCLUDING PROMOTING VIOLENT
CRIMES; (C) INVOLVE PUBLISHING FALSEHOODS, MISREPRESENTATIONS,
OR MISLEADING STATEMENTS; (D) IMPERSONATE SOMEONE; (E) INVOLVE
SENDING ILLEGAL OR IMPERMISSIBLE COMMUNICATIONS, SUCH AS BULK
MESSAGING, AUTO-MESSAGING, AUTO-DIALING, AND THE LIKE; (F)
INVOLVE ANY NON-PERSONAL USE OF OUR SERVICES UNLESS OTHERWISE
AUTHORIZED BY US; OR (G) CONTACTING A MINOR.
Disclaimers Against Harm To 4Fimo® Or Our Users. You must not (or assist others to) directly, indirectly,
through automated or other means access, use, copy, adapt,
modify, prepare derivative works based upon, distribute,
license, sublicense, transfer, display, perform, or otherwise
exploit our Services in impermissible or unauthorized manners,
or in ways that burden, impair, or harm us, our Services,
systems, our users, or others, including that you must not
directly or through automated means:
(a) reverse engineer,
alter, modify, create derivative work from, decompile, or
extract code from our Services;
(b) send, store, or
transmit viruses or other harmful computer code through or onto
our Services;
(c) gain or attempt to gain unauthorized
access to our Services or systems;
(d) interfere with or
disrupt the safety, security, or performance of our Services;
(e) create accounts for our Services through unauthorized
or automated means;
(f) collect the information of or
about our users in any impermissible or unauthorized manner;
(g) sell, resell, rent, or charge for our Services in an
unauthorized manner;
(h) distribute or make our Services
available over a network where they could be used by multiple
devices at the same time, except as authorized through tools we
have expressly provided via our Services; or
(i) create
software or APIs that function substantially the same as our
Services and offer them for use by third parties in an
unauthorized manner.
4Fimo® Intellectual Property and Copyrights. We own all copyrights, trademarks, domains, logos, trade
dress, trade secrets, patents, and other intellectual property
rights associated with our Services. You may not use our
copyrights, trademarks, domains, logos, trade dress, patents, or
other intellectual property rights unless you have our express
permission. Any such prohibited use will be prosecuted.
4Fimo® License To You. We grant you
a limited, revocable, non-exclusive, non-sublicensable, and
non-transferable license to use our Services, subject to and in
accordance with our Terms. This license is for the sole purpose
of enabling you to use our Services in the manner permitted by
our Terms of Service and applicable law. No licenses or rights
are granted to you by implication or otherwise, except for the
licenses and rights expressly granted to you.
Disclaimers
WE WILL USE REASONABLE SKILL AND CARE IN PROVIDING OUR SERVICES TO YOU AND IN KEEPING IT A SAFE, SECURE, AND IN ERROR-FREE ENVIRONMENT, BUT WE DO NOT GUARANTEE THAT 4FIMO WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE "4FIMO PARTIES") FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, OR CONTROVERSY (TOGETHER, "CLAIM") AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOUR RIGHTS WITH RESPECT TO 4FIMO ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Limitation Of Liability.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES SHALL BE LIMITED TO LOSSES THAT ARE A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH BREACH (EXCEPT IN RELATION TO DEATH, PERSONAL INJURY, OR FRAUDULENT MISREPRESENTATION) AND WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
Indemnification.
If anyone brings a claim ("Third-Party Claim") against us
related to your actions, information, or content on 4Fimo®, you
will, to the extent permitted by law, indemnify and hold the
4Fimo® Parties harmless from and against all liabilities,
damages, losses, and expenses of any kind (including reasonable
legal fees and costs) relating to, arising out of, or in any way
in connection with any of the following:
(a) your access
to or use of our Services, including information provided in
connection therewith;
(b) your breach of our Terms or of
applicable laws; or
(c) any misrepresentation made by you.
You will cooperate as fully as required by us in the defense or
settlement of any Third-Party Claim. Your rights with respect to
4Fimo® are not modified by the foregoing indemnification if the
laws of your country of residence, applicable as a result of
your use of our Services, do not permit it.
Availability And Termination Of Our Services.
We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of thirty days (30) days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Changes to Our Terms of Service.
We may amend or update these Terms. Unless otherwise required by law, we will provide you at least thirty (30) days' notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. We will also update the "Last Modified" date at the top of our Terms. Changes to these Terms shall become effective no sooner than thirty (30) days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using 4Fimo®, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account or we may be otherwise required to remove your account.
Assignment and Enforcement of Rights.
All of our rights and obligations under our Terms are freely
assignable by us to any affiliate or in connection with a
merger, acquisition, restructuring, or sale of assets, or by
operation of law or otherwise, and we may transfer your
information to any of our affiliates, successor entities, or new
owner(s). In the event of such an assignment, these Terms will
continue to govern your relationship with such third- party. We
hope you will continue using 4Fimo®, but if you do not agree to
such an assignment, you must stop using our Services by
delete
your account or we may be otherwise required to remove your
account..
You will not transfer any of your rights or obligations under
our Terms to anyone else without our prior consent.
Except as contemplated herein, our Terms do not give any
third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be
considered a waiver.
We reserve all rights not expressly granted by us to you. In
certain jurisdictions, you may have legal rights as a consumer,
and our Terms are not intended to limit such consumer legal
rights that may not be waived by contract. Also, in certain
jurisdictions, you may have legal rights as a data subject, and
our Terms are not intended to limit such rights that may not be
waived by contract.
We always appreciate your feedback or other suggestions about
4Fimo® and our Services, but you understand that you have no
obligation to provide feedback or suggestions and that we may
use your feedback or suggestions without any obligation to
compensate you for them./p>
Dispute Resolution/ Arbitration Provision.
4Fimo® and you each agree to waive the right to a trial by judge
or jury for all Disputes, except for the Excluded Disputes.
4Fimo® and you agree that all Disputes (except for the Excluded
Disputes), including those relating to, arising out of, or in
any way in connection with your rights of privacy and publicity,
will be resolved through final and binding arbitration. 4Fimo®
and you agree not to combine a Dispute that is subject to
arbitration under our Terms with a Dispute that is not eligible
for arbitration under our Terms.
The arbitration will be administered by the American Arbitration
Association (AAA) under its Commercial Arbitration Rules in
effect at the time the arbitration is started, including the
Optional Rules for Emergency Measures of Protection and the
Supplementary Procedures for Consumer-Related Disputes
(together, the "AAA Rules"). The arbitration will be presided
over by a single arbitrator selected in accordance with the AAA
Rules. The AAA Rules, information regarding initiating a
Dispute, and a description of the arbitration process are
available at www.adr.org. The arbitrator will decide whether a
Dispute can be arbitrated. The location of the arbitration and
the allocation of fees and costs for such arbitration shall be
determined in accordance with the AAA Rules.
"Excluded Dispute" means any Dispute relating to the enforcement
or infringement of your or our intellectual property rights
(such as copyrights, trademarks, domains, logos, trade dress,
trade secrets, and patents). For clarity and notwithstanding the
foregoing, those Disputes relating to, arising out of, or in any
way in connection with your rights of privacy and publicity are
not Excluded Disputes.
Time Limit To Bring Claim. 4Fimo®
and you agree that for any Dispute (except for the Excluded
Disputes) we and you must bring claims (including commencing an
arbitration proceeding) within one (1) year after the Dispute
first arose; otherwise, such Dispute is permanently barred. This
means that if we or you do not bring a claim (including
commencing an arbitration) within one (1) year after the Dispute
first arose, then the claim will be dismissed because it was
started too late.
Federal Arbitration Act. The United
States Federal Arbitration Act governs the interpretation and
enforcement of this "Special Arbitration Provision for United
States or Canada Users" section, including any question whether
a Dispute between 4Fimo® and you is subject to arbitration.
No Class Actions, Class Arbitrations, Or Representative
Actions.
We and you each agree that if you are a 4Fimo® user located in
the United States or Canada, each of us and you may bring
Disputes against the other only on its or your own behalf, and
not on behalf of any other person or entity, or any class of
people. We and you each agree not to participate in a class
action, a class-wide arbitration, Disputes brought in a private
attorney general or representative capacity, or consolidated
Disputes involving any other person or entity in connection with
any Dispute.
Severability. If any provision of
these Terms is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable
from our Terms and shall not affect the validity and
enforceability of the remaining provisions of our Terms, and the
remaining portion of our Terms will remain in full force and
effect.
Survival. The following provisions
will survive any termination of your relationship with 4Fimo®:
"4Fimo® Intellectual Property and Copyrights", "Disclaimers
Against Harm To 4Fimo® Or Our Users" "4Fimo® License To You",
"Indemnification," "Dispute Resolution."
Customer Support: for any questions
or concerns please contact
Customer Support.