Privacy-Legal Statement 

At Famous Frames Mobile Interactive (FFMI) we recognize that privacy is important. 

To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. 

The Information We Collect

Web servers serving our web Sites automatically collect certain non-personally identifiable information, such as which pages each user visits and the domain name of visitors. This information may be used for various purposes including internal review, to tailor information to individual visitors, and for traffic audits.

Our Web Sites are not set up to automatically collect personally identifiable information from each visitor to our Web Sites.  

Our Sites do recognize the home server of visitors, but not e-mail addresses. For example, we can tell which Internet Service Provider our visitors use, but not the names, addresses or other information about our visitors that would allow us to identify the particular visitors to our Web Sites. This information is used only for internal purposes by our technical support staff. 

In a few areas on our Web Sites, we ask you to provide information that will enable us to verify whether you are entitled to access and use certain information, materials and services available from our Web Sites, or to enable us to enhance your site visit, to assist you with customer service or technical support issues, or to follow up with you after your visit, or to otherwise support your customer relationship with FFMI. 

• We do not give 3rd parties access to your personal information.

It is our policy not to sell, exchange, or release ANY of your individual personal information to a third party without your expressed permission. Our Site's Subscription form requires users to give us contact information (like name and e-mail address). FFMI makes every effort to provide you with the ability to opt-in and opt-out of receiving communications.  

Our Commitment to Data Security 

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.  

Contests 

From time-to-time our Sites request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of our Sites.

Copyright

Our Web Sites (including, but not limited to text, photographs, graphics, video, audio and other content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify or create derivative works in order to commercially exploit, sell or offer for sale any part of the FFMI Web Sites.

About Links to Other Sites

FFMI Sites contain links to other sites. FFMI does not control the information collection of sites that can be reached through links from FFMI.

Special Message for those under 13

Out of special concern for children's privacy, FFMI does not knowingly accept online personal information from children under the age of 13. Children under 13 should NOT send any information about themselves to us - including name, address or e-mail address. In general, we do not knowingly collect personally identifiable information from children under 13. If, in limited circumstances, we do knowingly collect personally identifiable information from a child under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 13 without verification of parental consent, we will delete that information from our database as quickly as possible.

Errors and Omissions

FFMI reserves the right to correct any errors or omissions on FFMI's and related Web Sites.

Changes to this Privacy-Legal Statement

FFMI reserves the right to change this policy from time to time.

Re Membership / Member Sign-Up:

When you register to become a member of the FFMI network, we will not sell your private information to third-parties and compromise our privacy policy. When you choose to get news on the latest Famous network developments, we will send you what you want and always give you the option to opt out at any time.

Mailing Lists

When you request information from us, register for an electronic newsletter, sign up for an online event, subscribe to an online service, register to view premium content on one of our Web Sites, or make a purchase from our online store, we may include your name in our e-mail mailing lists. We use this information for marketing and promotional purposes to occasionally notify you of FFMI news and events that we think will interest you. If you don't wish to receive such notifications and offers, you can request to be removed from our mailing lists.

Removal from Mailing Lists

E-mail messages sent to mailing lists maintained by us contain links to automatically unsubscribe from the list to which the e-mail was sent. You may also request to be removed from mailing lists maintained by us by notifying us via e-mail to custserv@ffmi.com, telephone (number), fax (number), or by  writing FFMI. Include in the Subject Line: "Please remove from all mailing lists" and in the letter provide your User Name and e-mail address if different than the one used for receiving e-mail.

Voluntary Information

We may ask for information as part of online surveys or if you enter any competition or other promotion. This information will be used to enable us to improve our Web Sites or Online Services.

'Cookies'

Cookies are small pieces of information stored on your computer which enable us to identify your computer when you access FFMI services or Web Sites. We may use cookies to provide you with a convenient means of access, without needing your password. We will not disclose information obtained by the use of cookies to third parties.

E-mail

If you choose, you may receive occasional e-mails containing information on new Famous products and services or special offers. If you do not want to receive e-mail from us, please let us know by sending an e-mail to us at the above customer service address.

Mailings

If you supply us with your postal address online you may receive periodic mailings from us with information on new products and services or special subscription offers. If you do not wish to receive such mailings, please let us know by sending an e-mail or by writing to us at:

Famous Frames Mobile Interactive - FFMI 
5839 Green Valley Circle, Suite 104 Culver City, CA 90230

Terms of Use 

General

This Agreement governs your use of the FFMI Web Sites, WAP Sites, Applications and all Content. By completing the registration process and accepting this Agreement, you represent that (i) you have read and understood this Agreement and agree to be bound by its terms and conditions and (ii) you are at least 18 years of age.

FFMI may from time to time amend, supplement or modify the terms of this Agreement. If you do not agree to be bound by or cannot comply with the Agreement as amended, your only remedy is to stop using the Service. You will be deemed to have accepted the Agreement as amended if you continue to use the Service.

In order to use our Services, you must register and provide certain information ("Registration Information"). You agree that you will use the Service only in the country or territory where you currently reside. You agree to provide current, complete and accurate Registration Information at the time you register and that you will update your Registration Information as necessary to keep it current, complete and accurate in the "My Account" area of the appropriate FFMI Web Site. FFMI will use Registration Information in accordance with our privacy policy. Please review FFMI's privacy policy before you complete the registration process or attempt to use or access the Service. You agree that you will not allow others to use your member name, password and/or account. You agree to indemnify and hold FFMI, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, harmless for any improper, unauthorized or illegal uses of your member name, password and/or your account. This includes illegal, unauthorized or improper use by anyone to whom you have given permission to use your member name, password and/or account.

FFMI may in its sole discretion terminate this Agreement or suspend your account at any time. If FFMI terminates this Agreement or suspends your account for any of the reasons in this paragraph, it shall have no liability or responsibility to you and will not refund any portion of your fees. You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with FFMI. This includes, but is not limited to, any dispute related to or arising out of: (1) any term of this Agreement or FFMI's application of the Agreement; (2) any policy or practice of FFMI, including its Privacy Policy, or FFMI's enforcement or application of these policies; (3) the Content; (4) your use of and/or ability to access and use the Service; and (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, FFMI will not refund any fees.

Service

Description of Service. The Service is available via FFMI's Web Sites and includes everything on the Sites that may exist from time to time. Part of the Service makes available to you streaming and downloadable 'multimedia' - broadband and mobile content, audio, video, text messages, animated messages, graphic novels, games, software and other digital content (collectively, the "Content"). Once properly registered and after making proper payment, you will be permitted to download content to digital devices, compatible mobile devices and other hand-held devices through the FFMI web service platform.

Use of Service

This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments, including any additional terms necessary in connection with any particular feature or function of the Service.

FFMI Content/Services are for your personal use and may only be used in accordance with the terms and conditions of this Agreement. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service and/or Content. For example, you may not copy or distribute the Service or the Content in any manner not expressly authorized by the Service.

You may not attempt (or authorize others' attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with FFMI Services or Content.

FFMI's rights to make certain Content available may change over time. In such event, if FFMI ceases to making any such Service/Content rights available, FFMI will not refund any portion of your fees, but you may contact customer support to receive an appropriate replacement Service/Content.

You assume responsibility and risk for your use of the FFMI Service. To the extent permitted by law,  FFMI provides all Services and Content on an "AS IS" basis and does not make any warranties, express or implied, representations or endorsements with regard to the Service, merchants, information, or Content.

FFMI does not claim ownership of the materials you provide (including feedback and suggestions) or post, upload, input or submit to this Service for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting ("Posting") you are granting FFMI permission to use your Submission in connection with the operation of their business, 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. No compensation will be paid with respect to the use of your Submission, as provided herein. FFMI is under no obligation to post or use any Submission you may provide and FFMI 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.

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service, or network, connected to the Service, or interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, accounts, computer systems or networks connected to the Service, through any means. FFMI reserves the right at all times to disclose any information as FFMI 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 its sole discretion.

FFMI's Service may present links to retailers and/or other third-party web sites not owned or operated by FFMI. These links are provided only as a convenience to you. Neither FFMI or its business partners are responsible for the availability of these outside sites or their contents. You understand and agree that neither FFMI or its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.

FFMI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither FFMI or its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

By posting messages, uploading data or engaging in any other form of communication through the Service, you represent and warrant that you own or otherwise control all applicable rights to the content, materials, messages and the like that you post, upload, transmit or display; that the content, materials, messages and the like are accurate; that use of the content, materials, messages and the like that you supply does not violate third-party rights and will not cause injury to any person or entity; and that you will indemnify FFMI, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from content, messages, materials and the like that you supply. In addition, you acknowledge and agree that FFMI may store and/or disclose, as applicable, any such content, messages or material it is required to do so by law, or has a good faith belief that such storage or disclosure is reasonably necessary to comply with court orders or other legal processes; to enforce this Agreement; to respond to any claims that such content (or your use of the same) violates any third party's rights; or to protect the rights, property or personal safety of FFMI, its business partners, affiliates, licensors and/or licensees, any other FFMI subscriber or member, or the general public.

Price and Delivery

The price of any Content/Service purchased through the Service will be the price specified in the Service at the time of your purchase. By purchasing the Content or Service you warrant that you are the authorized purchaser and that the billing information provided is accurate. FFMI will not issue refunds based upon inaccuracies represented by the purchaser. By approving the purchase of the product, you authorize FFMI to charge you for the purchase.

Member Subscription: This Service may require you to open an account. You must complete the registration process by providing FFMI 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 FFMI immediately of any unauthorized use of your account or any other breach of security. FFMI 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 FFMI or another party due to someone else using your account or password. The Service subscription is not transferable, such that you may not authorize other persons to use your account. Any distribution by you of your account name and password my result in cancellation of your subscription without refund and in additional charges based upon unauthorized use.

Mobile Delivery/Delivery of Content purchased pursuant to these Terms made directly to cellular phones. Delivery is conditional. Details of the delivery process will be provided to you at the time of purchase. In order for proper delivery, your cellular phone must be turned on; capable of receiving the Content/Product(s); set to receive messages (not all phones are capable of receiving and storing mobile media content, e.g. video). Ordered Product(s) can only be delivered when the cellular phone is on a compatible network, a full list of which is available during the FFMI mobile content ordering process, and provided that the cellular phone and cellular phone provider's network will accept the Content/Product(s), delivery of the Content/Product will occur within 24 hours of completion of the order. Typically, delivery of the Content/Product(s) occurs within a matter of minutes. FFMI will attempt to deliver the ordered Products a total of three times to the same cellular phone. If the Product(s) has not been successfully delivered, please notify us within 7 days. If you do not notify us within this period, we will presume that the Product(s) has been received. If the Product(s) cannot be delivered, FFMI will refund the payment, provided that the Product's non-delivery to the cellular phone is not the result of the Purchaser's error. If the Purchaser's error caused the non-delivery, payment will not be refunded.

Ownership of Sites

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the FFMI Sites is owned, controlled or licensed by or to FFMI , and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web Sites or other medium for publication or distribution or for any commercial enterprise, without FFMI's express prior written consent.

Your Use of the Sites

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of FFMI Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of FFMI Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through FFMI Sites. FFMI reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any FFMI server, or to any of the services offered on or through the Sites, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person's use of the Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FFMI or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of FFMI or others.

Purchases; Payment; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Sites, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Sites or for any service offered on or through the Sites, the latter terms shall control with respect to your use of that portion of the Sites or the specific service.

Payment Methods

FFMI accepts credit cards, payment through your PayPal account or ClickandBuy account. If a credit card company, your PayPal or ClickandBuy account is being used for a transaction, FFMI may obtain a pre-approval from the credit card company or from PayPal/ClickandBuy (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal/ClickandBuy account occurs at the time of purchase (as applicable) or shortly thereafter.

FFMI accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

PayPal checkout services include:

Secure purchases/payments online; Direct payment from your PayPal balance, linked bank account or credit card.tracking of online spending/account balances (including by mobile phone); direct customer service.

ClickandBuy checkout services include:

Online registration; Secure payment system;  Payment through direct debit, credit card, invoice or prepaid account; Overview of purchases made in real time; personal account management; overview of open transactions, current subscriptions and invoices and direct customer service.

In some instances, we are unable to accept credit cards issued by banks outside of the United States or prepaid gift cards issued by credit card companies. Debit cards and check cards have daily spending limits that may prevent the processing of your order.

If a transaction has been declined online due to credit card issues, or issues with your PayPal or Click and Buy account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to complete transaction.

For Assistance

For assistance with billing questions or other order inquiries, please send an e-mail to: custserv@ffmi.com

Sales Tax

FFMI reserves its right to collect applicable taxes and impose premium surcharges for certain features of the Service.

Transactions with sales tax are based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the purchased or rented (as applicable) digital content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where digital goods are taxable.

Restrictions

You may not use the Service to upload, post, transmit, display, perform or otherwise make available to other subscribers, members or third-parties any messages, content or materials that are illegal, obscene, threatening, defamatory or invasive of privacy; violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; infringe intellectual property or other third-party rights; harm minors in any way; comprise or contain software viruses or other computer code designed to interfere with the functionality of any computer systems, software or hardware; interfere with or disrupt the Service or any networks or servers connected to or by the Service; constitute unsolicited bulk e-mail, political campaigning, commercial solicitation, chain letters, pyramid schemes, mass mailings, or any form of spam; or violate (intentionally or unintentionally) any applicable local, state, national or international law. In addition, you may not use a false e-mail address, impersonate any person or entity (including but not limited to other subscribers, members and employees of FFMI, its affiliates or licensors), or otherwise mislead other subscribers, members or third parties as to your identity or to the origin of a message or content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that you upload, post, transmit, display or otherwise make available through your use of the Service is solely your responsibility.

Content

In consideration of your payment and your acceptance of this Agreement, FFMI grants you a non-exclusive, non-transferable, single-user right to download and use the Content on a single hand-held computer or mobile device. This license extends to you and your hand-held computer or mobile device.

You may not reproduce, copy, transfer or distribute by any means, method or process whatsoever, any of the Content licensed by this Agreement, including by not limited to, transferring or downloading any such Content from one hand-held computer or mobile device to another, to a computer hard drive, or otherwise copying the Content onto any other storage medium.

This license may not be assigned without the written consent of FFMI, which right may be withheld by FFMI in its sole discretion.

The Content may contain third party Content which requires notices and/or additional terms and conditions. By accepting this Agreement, you are also accepting the additional terms and conditions, if any, set forth therein.

You may not alter, merge, modify, or adapt the Content or create derivative works based upon the Content.

You may not sell, rent, lease, or sublicense the Content.

FFMI is not responsible to you for any content or materials constituting all or part of any Content or any other aspect of the Service that you might find objectionable.

Nothing in this Agreement grants you or authorizes you to grant to anyone else any right to reproduce, copy or distribute by any means, method or process whatsoever any of the Content licensed by this Agreement, including but not limited to, transferring or downloading any such Content to a computer hard drive, or otherwise copying the Content onto any storage medium.

Nothing in this Agreement grants you or authorizes you to grant to anyone else any right to reproduce, copy or distribute or perform publicly by any means, method or process whatsoever, any sound recording embodying any of the Content licensed under this Agreement.

If you fail to comply with this Agreement, FFMI may, in addition to its other remedies, terminate this Agreement and the license it grants you and you must destroy all copies of the Content.

This Agreement grants you a limited license to use the Content. FFMI and its licensors retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Content and all copies thereof. All rights not specifically granted in this Agreement including Federal and International Copyrights, are reserved by FFMI and its licensors.

CONTENT WARRANTY DISCLAIMER AND LIMITED LIABILITY. THE CONTENT IS PROVIDED TO YOU ON AN "AS-IS" BASIS. FFMI PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE CONTENT. FFMI AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. FFMI DOES NOT WARRANT THAT THE CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE U.C.C. WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. FFMI SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FFMI, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. (USA ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

The Content Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the Agreement between FFMI and you. FFMI would not be able to provide the Content on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability inure to the benefit of FFMI's licensors.

Consumer End Users Outside of the USA. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties, remedies or liability contained in this Agreement shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

If FFMI (a) receives a Notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the Content violates FFMI's or others' intellectual property rights, FFMI may, in its sole discretion, suspend or terminate your account with or without notice to you. If FFMI suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, and FFMI will not refund any portion of your fees charged to date.

You may not transfer the Service or any Content out of your handset via any means for any purpose. Any copying, redistribution or other use of the Content is expressly prohibited without the prior written consent of FFMI.

Liability

You agree to indemnify and hold harmless FFMI and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service and the Content (collectively "Claims"), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claims.

UNDER NO CIRCUMSTANCES SHALL FFMI AND/OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS ("FFMI PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE CONTENT, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE CONTENT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FFMI OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

FFMI'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID BY YOU FOR THE SERVICE AND/OR CONTENT THAT CAUSED SUCH DAMAGE.

(USA) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT.

UNDER NO CIRCUMSTANCES SHALL FFMI AND/OR THE FFMI PARTIES, AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE CONTENT.

Miscellaneous

Remedies. You understand and agree that any unauthorized use of the Service or the Content would result in irreparable injury to FFMI and/or its affiliates or licensors for which money damages would be inadequate, and in such event FFMI its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that FFMI, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.

Promotions and Advertising. FFMI and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any FFMI promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither FFMI or its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

This Agreement shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Los Angeles County, California or the United States Federal District for the District of California to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

This Agreement contains the complete Agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous Agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Content licensed hereunder shall be of no effect. The failure or delay of FFMI to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.

This Agreement supersedes any and all prior agreements, discussions and negotiations between you and FFMI, and it sets forth the entire agreement and understandings between the parties as to the subject matter of this Agreement. Neither of the parties shall be bound by any terms, conditions, definitions, waivers, warranties or representations with respect to the subject matter of this Agreement other than as expressly provided in this Agreement or duly set forth on or subsequent to the date hereof in a writing signed by a proper and duly authorized representative of whichever of the parties is to be bound thereby.

If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.

FFMI and other trademarks contained in the Content are trademarks or registered trademarks of FFMI in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Content. This Agreement does not authorize you to use FFMI or its licensors' names or any of their respective trademarks.

If either party breaches, or threatens to breach, any of its obligations under this Agreement, the damages to the other party will be great and irreparable; therefore, either party may apply to a court of competent jurisdiction for injunctive or other equitable relief to restrain such breach or threat of breach, without posting bond and without disentitling such party to any other relief in either law or equity.

This Agreement shall not be construed to create a joint venture or partnership between the parties hereto. Neither party shall have the right, power, or authority at any time to act on behalf of, to impose any obligation on, or to represent or legally bind the other.

You agree that FFMI may audit your use of the Content for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Content by you other than in full compliance with the terms of this Agreement, you shall reimburse FFMI for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

Any correspondence, notice or request permitted to be given under or in connection with this Agreement or the subject matter hereof shall be sent by prepaid, certified, first class mail, or courier service with receipt of delivery obtained directly to FFMI.

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January 2010