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Favery terms and conditions We are Favery, LLC ("Favery", "we", "our" or "us"), a California limited liability company. These Terms and Conditions ("Terms") constitute a legally binding agreement between you, personally and, if applicable, on behalf of the entity for whom you are using our Service (as defined below) (collectively, "you"), governing your use of our Service. By accessing our Service, whether or not you are a registered user of the Service, you are agreeing to comply with and be bound by these Terms. You also agree to our privacy policy, which is published at ( "Privacy Policy") and our Favery Acceptable Use Policy, which is published at ("Acceptable Use Policy"). Please review them carefully. If you do not agree, you should not access or use any part of the Service. For the avoidance of doubt, these Terms apply to all visitors, registered users, and others who access the Service ("Users"). Favery is an online service that allows you to create online bulletin boards and organize and share and collaborate on your favorite things you find on the web. Favery lets you create your own visual collections or "boards," and view and follow other boards, on Favery.com (the "Site"), and through third party applications. The services available on the Site including, without limitation, websites, services and applications, whether accessed directly or otherwise, are referred to in these Terms as the "Service(s)." 1. Modification of the terms: We may, in our sole discretion, modify or update the Terms, the Privacy Policy and the Acceptable Use Policy from time to time and such modification shall be effective upon posting by us on the favery.com website. You agree to be bound to any changes to these Terms, the Privacy Policy and/or the Acceptable Use Policy when you use the website after any such modification is posted. If you do not agree to any of these Terms, the Privacy Policy and/or the Acceptable Use Policy, do not use or access (or continue to access) the Service. 2. Eligibility to use the service: Use of the Service is void where prohibited. By using the Service, you represent and warrant that: (i) all registration information you submit, if any, is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) your use of the Service does not violate any applicable law or regulation; (iv) you are either more than 18 years of age, an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms; and (v) you have not been previously removed from the Service by us. You affirm that you are over the age of 13, as favery.com is not intended for children under 13. IF YOU ARE UNDER 13, DO NOT USE THIS WEBSITE. 3. Using Favery: (a) Warning. The Service may contain errors, be incomplete or out of date. You understand that by using the Service, you may be exposed to User Content (as defined below) that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content. (b) Favery accounts. We may now or in the future allow you to create an account with Favery. If you create an account with Favery, you may have access to certain additional services that you do not if you are not an account holder. There may be different types of accounts for individuals and companies, organizations and other entities. If you open an account on behalf of a company, organization, or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. If you connect to Favery with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy. You agree not to use user names or board titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your board at any time and for any reason in our sole discretion. (c) Terminating your account. We may, at our sole discretion, terminate or suspend your account for any reason, or no reason, without notice to you. You may close your account at any time by sending an email to support@favery.com. Certain provisions of these Terms survive termination of your account including, without limitation, Sections 3(c), 3(f), 4(b), 4(c), 4(e), 5 through 12 (inclusive) of these Terms. (d) You are responsible for your account. You must provide us with accurate and complete information, and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your Service account using an old e-mail address, you will not be able to receive messages from us. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Service if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Service. (e) Changes to the Service. We may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. (f) Your interactions with other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Favery will have no liability for your interactions with other Users, or for any User's action or inaction. 4. User content: (a) Function and Definition of User Content. Favery allows you to fave, post, display and/or otherwise make available content on the Service, including information, text, graphics, photos, and other materials. Anything that you fave, post, display, and/or otherwise make available on our Service, including all Intellectual Property Rights (as defined below) in such content, is referred to as "User Content." Subject to these Terms, you retain all of your rights in all of the User Content you post to our Service. User Content includes, without limitation, comments, ideas or feedback about the Service that you submit ("Comments"). By submitting any Comments, you agreed that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place use under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Comments without any restriction and without additional compensation to you. By acceptance of your submission, Favery does not waive any rights to use similar or related Comments previously known to Favery, or developed by its employees, or obtained from sources other than you. (b) User Content License. You grant us a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, refave, modify (e.g., re-format), re-arrange, and distribute your User Content. Nothing in these Terms shall restrict Favery's rights under separate licenses to User Content, if any. (c) Survival of User Content License. The User Content License survives deactivation of your account and/or your removal of any User Content from your account or your boards. Without limitation, Favery and other Users may retain and continue to display, reproduce, refave, modify, re-arrange, and distribute any of your User Content that other Users have refaved to their own boards or which you have posted to the Service. (d) You are Responsible for Your Content. We take no responsibility and assume no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other users' online distribution and publication of your and their User Content. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the Acceptable Use Policy. By submitting, posting or displaying User Content through the Service, you warrant, represent and agree that (i) you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party Intellectual Property Rights (as defined below), including privacy and publicity rights, unless you own or have otherwise acquired such rights in User Content to enable you to grant us the rights in User Content described herein; (ii) you have paid and will pay in full all license fees, and other financial obligations of any kind, arising from any use or commercial exploitation of User Content; (iii) you are the individual pictured, depicted, and/or heard in User Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18) who appears and/or is heard in User Content; (iv) User Content is not defamatory in nature, false or misleading; (v) User Content is not unlawful, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, give rise to civil liability, violate any law, or is otherwise misappropriate or impersonates another person; and (vi) you agree to keep all records necessary to establish that User Content does not violate any of the foregoing representations and warranties and to make such records available upon our request. (e) Intellectual Property Rights Defined. As used herein, the term "Intellectual Property Rights" means all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. 5. Favery content: (a) Favery Content. We hold, maintain and safeguard our proprietary rights. The Service, and all content on the Service (except for User Content) ("Favery Content"), and all Intellectual Property Rights in the Service and content are protected under applicable copyright, trademark and other proprietary rights and intellectual property laws and are our property. Except as expressly provided in these Terms, you shall not use, modify, reproduce, distribute, sell, license, or otherwise exploit the Favery Content without our permission. (b) Limited License. The Service and Favery Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our prior written consent, provided that we hereby grant you a non-exclusive, non-transferable, revocable license to (a) access and use the Service strictly in accordance with these Terms; (b) use the Service solely for your internal, personal, non-commercial purposes; and (c) print discrete parts of the Content solely for your internal, personal, non-commercial purposes, provided that you maintain all of our copyright notices. We will retain ownership of our Intellectual Property Rights and you will not obtain any rights therein by virtue of these Terms or otherwise, except as expressly set forth in these Terms. 6. Copyright policy: We have adopted and implement the Favery Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, and for infringement notifications, please follow the procedure set forth in our Copyright Policy. 7. Third-party links, sites and services: The Service may link you to other web sites or information, software, data, or other content. We have not reviewed and are not responsible for linked content. Follow a link to another page on another website at your own risk. The linked information, software, data, or other content (including opinions, claims and comments) should not be attributed to Favery. We have not verified the truth or accuracy of any such content, or endorse or support any such website or the content thereof. We do not warrant or otherwise accept responsibility for information, software, data, or other content on any third-party website including those visited while following a link from our Service. 8. Indemnity: Except to the extent prohibited by law, you agree to indemnify and hold us and our employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders ("Indemnified Parties") harmless from and against any claims, damages, losses, expenses and costs (including reasonable legal fees and costs) imposed on, incurred by, or asserted against any of the Indemnified Parties arising from, connected with and/or as a result of or relating to your access to or use of the Service and Favery Content, whether authorized or unauthorized under these Terms ("Claim"), your User Content and/or a breach of these Terms. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent. 9. Disclaimers: WE PROVIDE NO WARANTY AND DISCLAIM ALL WARRANTIES. THE SERVICE IS "AS IS" AND "WITH ALL FAULTS". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NOT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION WARRANTIES OF COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, OR OF VERIFICATION OF THE SERVICE, THERE ARE NO ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. 10. Limitation of liability: (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, FAVERY CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER FAVERY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, FAVERY CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FAVERY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAVERY, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE AUTHORS, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS, AGENTS, WEB HOSTS OR INTERNET SERVICE PROVIDERS, CONTENTS PROVIDERS, OR OTHER PERSONS RELATED TO OR USED BY FAVERY(COLLECTIVELY, THE FAVERY ENTITIES), REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND ARISING OR RELATED TO THESE TERMS, OR THE CONTENT OR THE SERVICE, IN EXCESS OF US$100.00. (c) The disclaimers and limitations of liability herein are intended to be independent of each other and the failure of essential purpose of one shall not affect the other. Some jurisdictions do not permit us to exclude or limit implied warranties or liability for incidental or consequential damages. Accordingly, portions or all of the above disclaimers and limitations may not apply to you. (d) The Service is controlled and operated from its facilities in the United States. Favery makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States. 11. Arbitration and governing law: (a) These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Sonoma County California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. (b) Any dispute or claim arising or related to these Terms, their performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively (except as provided below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The arbitrator will not award attorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Sonoma County, CA. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection. (c) BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. (d) You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Service, must be filed within one calendar year after such claim or cause of action arises, or forever be barred. 12. Miscellaneous terms: (a) Favery may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, "push" mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by Favery in our sole discretion. Favery reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. Favery is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. (b) You may not assign your rights or delegate your responsibilities under these Terms (including by operation of law) without our prior written consent. Any such attempt to assign shall be null and void. Subject to the foregoing, the rights and obligations of the parties shall inure to the benefit of and shall be binding upon the parties, their respective successors, assigns, heirs, and personal representatives. Nothing in these Terms is intended to or shall confer on any person other than the parties hereto or their respective permitted successors or assigns, any rights or remedies under or by reason of these Terms. We are free to assign our rights and/or our responsibilities under these Terms without your consent. (c) These Terms, together with any amendments and any additional agreements you may enter into with Favery in connection with the Service, shall constitute the entire agreement between you and Favery concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. (d) No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Favery's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. (e) In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. (f) Our section captions are intended as helpful reading aids. The captions and headings are provided only as a matter of convenience, and in no way define, limit or affect these Terms. (g) Please contact us at support@favery.com with any questions regarding these Terms. This website is © 2012 Favery, LLC. All rights reserved.