Last Updated: March 25, 2017
We may modify this Agreement, or any policy or guideline of the Site, at any time at our sole discretion. Any modifications will be posted on this page and will be effective immediately, so we suggest you review this page on a regular basis. Any modifications will be posted on this page and will be effective immediately, so we suggest you review this page on a regular basis. Your continued use of the Site after any modification will mean you agree to this Agreement as modified. If you do not agree to any amended terms, do not use the Site.
FMCTY offers an online venue that connects buyers with sellers of certain goods. FMCTY is not directly involved in transactions between a buyer and a seller and is not a party to any contract between a buyer and a seller. Further, FMCTY does not control the quality, safety, morality, or legality of any aspect of the goods offered for sale by sellers on the Site and FMCTY does not control any aspect of a seller’s decision to sell goods or a buyer’s decision to buy or pay for goods. FMCTY does not verify the truth or accuracy of the listings on the Site.
- Registration, Accounts, and Passwords
If you establish a personal account with us, you agree to: (a) provide accurate, current and complete information about you as may be prompted by the Site (“Registration Data”), (b) maintain the confidentiality of your password and account; (c) maintain and promptly update your Registration Data, and any other information you provide to FMCTY, and keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to FMCTY.
You are solely responsible for all activities that occur under your password or account, whether authorized by you or not. You will (a) immediately notify FMCTY of any unauthorized use of your password or account or any other breach of security of your account or the Site; and (b) ensure that you exit from your account each time you use the Site.
We may terminate your account and access to our Site and Services if we learn that you have provided us with false or misleading Registration Data. FMCTY reserves the right at its discretion to suspend or cancel your password if we suspect that it is being used in an unauthorized or fraudulent manner.
- Ownership and Proprietary Information
The content and information on the Site, including the selection and arrangement of the content and information (“Site Content”) is proprietary to FMCTY and/or its licensors, suppliers, publishers, rights holders, or other content providers. The Site and all Site Content is protected by U.S. and international copyright laws. The Site and all Site Content is ©2015 FMCTY and its licensors, All Rights Reserved.
FMCTY, the FMCTY logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of FMCTY and/or its licensors, suppliers, publishers, rights holders, or other content providers and may not be copied, imitated or used, in whole or in part, without the prior written permission of FMCTY or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of FMCTY and may not be copied, imitated or used, in whole or in part, without the prior written permission of FMCTY. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FMCTY.
- Use Restrictions and Intellectual Property
Subject to the terms, conditions and restrictions set forth in this Agreement, FMCTY grants you a limited, non-exclusive, personal, non-sub licensable and revocable license to access and use the Site and to view, copy and print portions of the Site Content (the “License”). The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked “©2015 FMCTY and its licensors, All rights reserved.”; (iv) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; (vii) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (other than for page caching), except as provided herein, (viii) you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FMCTY, without express written consent of FMCTY; and (ix) you may not use any meta tags or any other “hidden text” utilizing FMCTY’s name or trademarks; without the express written consent of FMCTY. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of FMCTY is strictly prohibited and will terminate the License and this Agreement.
Your unauthorized use of the Site or Site Content may violate applicable laws, including without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly stated in this Agreement, you are not conveyed or granted, and nothing on the Site may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of FMCTY or any third party.
You are granted a limited, non-exclusive, personal, non-sub licensable and revocable right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray FMCTY, the Services or any of products or services on the Site in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
The Site may contain links to third-party Websites (“Third-Party Sites”) and third-party content (“Third-Party Content”). You use links to Third-Party Sites, and any Third-Party Content, at your own risk. FMCTY does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. A link to a Third-Party Site or Third-Party Content does not imply FMCTY’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. FMCTY accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Websites linking to the Site. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You represent and warrant that your use of the Services, Site and the Site Content will be consistent with the License and this Agreement, and will not infringe, misappropriate or violate the rights of FMCTY or any other party, or breach any contract or legal duty to FMCTY or any other party, or violate any law. You will indemnify FMCTY for any claims, liabilities and losses arising out of or related to your use of the Services, Site or Site Content.
- Government Restricted Rights
The materials on the Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of FMCTY’s proprietary rights in them.
Information on the Site may be changed or updated without notice. FMCTY may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
The Services are controlled and operated by FMCTY from its offices within the United States of America. FMCTY makes no representation or warranty that the Site, Site Content and materials in the Services are appropriate or available for use in other locations. If you access the Services from locations outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws. Information that FMCTY publishes on the Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that FMCTY intends to announce such products, programs or services in your country. Consult FMCTY for information regarding the products, programs and services which may be available to you.
- Continuous Service
FMCTY does not warrant or guarantee continuous, uninterrupted, timely, secure or error-free access to or use of the Site or to the Services. You may experience interruptions to the operation or functionality of the Site for many reasons including reasons outside of FMCTY’s control. FMCTY does not warrant or guarantee that any defects or bugs will be corrected.
FMCTY reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof, (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services, (c) change, suspend or discontinue any aspect of the Site, Site Content or Services, and (d) impose limits on the Site, Site Content or Services.
- WARRANTY DISCLAIMER
THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FMCTY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, SERVICES, INFORMATION, SITE CONTENT, CONTENT AND MATERIALS ON THE SITE. FMCTY DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.
INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. FMCTY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. USE OF THE SERVICES IS SOLELY AT YOUR RISK.
- Limitation of Liability
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST FMCTY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE SITE CONTENT, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT FMCTY SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FMCTY OR ANY PARTIES PROVIDING SITE CONTENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE, THE SERVICES, THE SITE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF FMCTY OR A FMCTY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF FMCTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EXCEED THE GREATER OF TEN U.S. DOLLARS ($10.00) OR THE AMOUNT YOU ACTUALLY PAID TO FMCTY, IF ANY, IN THE SIX MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE CLAIM.
Some of the above limitations of liability may not apply to you. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, FMCTY’s liability will be limited to the fullest extent permitted by the applicable law.
- Governing Law and Dispute Resolution
This Agreement and performance here under will be governed by, and construed in accordance with, the laws of the state of Arizona, without giving effect to conflicts of law principles. You agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior to any other form of dispute resolution. All mediation or any other form of dispute resolution will take place in Florida. You consent to the personal jurisdiction of courts located in Florida, stipulate to the fairness and convenience of proceedings in such courts, and irrevocably waive, and covenant not to assert, any objection to such venue.
The invalidity or unenforceability of any particular provision of this Agreement will not affect the other provisions hereof, and this Agreement will be construed in all respects as if such invalid or unenforceable provision were omitted.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, harmful, damaging, libelous, defamatory, obscene, scandalous, inflammatory, false, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You will not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
- End User Communications
FMCTY, at any time now or in the future, may allow you and other end users to use the Site to express opinions and communicate through comments on products, or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). In the event of the existence of such Communities, FMCTY will have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by FMCTY, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, FMCTY will also have the right, but not the obligation, to remove any material from the Communities that FMCTY, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of FMCTY.
By posting or distributing any content to or through the Site and/or Communities, unless we indicate otherwise, you (a) grant SMP and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised; (b) grant SMP and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose to do so; and (c) represent and warrant that (i) you own and control all of the rights to the content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such content to or through the Site, (ii) such content is accurate and not misleading, (iii) use and posting or other transmission of such content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity, (iv) such content does not contain software viruses, spamming, manual or automated devices to “crawl” the Site, or any other computer files that disrupt the Site, (v) such content does not constitute unauthorized advertising or spamming, or otherwise involves commercial activities without the consent of SMP, and (vi) such content does not impersonate any person or entity. You further grant FMCTY the right to pursue at law any person or entity that violates your or FMCTY’s rights in the content by a breach of this Agreement.
In its sole and absolute discretion, with or without notice to you, FMCTY may suspend or terminate your use of and access to the Site or other Service, terminate your account and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Site or other Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site or Service with identical user identification, (ii) permitting another person or entity to use your user identification to access the Site or Service, (iii) any unauthorized access or use of the Site or Service, (iv) any violation of this Agreement, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site or Service, or (vi) failure to use the Site or Service on a regular basis. You may terminate your account for any reason by emailing FMCTY at firstname.lastname@example.org. FMCTY will not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service. Termination, suspension, or cancellation of the Service or your access rights will not affect any right or relief to which FMCTY may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to FMCTY.
- Digital Millennium Copyright Act (“DMCA”) Notice.
We respect the copyright interests of others. If you believe any materials on the Site infringe upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent by providing a written notice that includes the following:
- A physical or electronic signature of the copyright owner a person authorized to act on the copyright owner’s behalf;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
In accordance with the DMCA and other applicable law, FMCTY has adopted a policy of terminating, in appropriate circumstances and at FMCTY’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. FMCTY may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.