Thank you for visiting FJORFilms.com, a website owned and
operated by FJOR Films. Please
read these Terms and Conditions carefully because they govern your use of and
access to this site.
The purpose of this site is to
give parents, grandparents, and all family members an opportunity to “weeve” a
legacy for your children, grandchildren, and posterity. FJOR Films provides a safe and secure way to
capture your individual and family stories and to share them with those whom
you choose. We do so by allowing you to
upload photos, video, audio, text, and other content to your FJOR Films account
through a variety of means—webcam, microphone, speech-to-text, typing, and
existing files. However you choose to
weeve, your story will be memorable and easy to recall.
By using or accessing this site, you accept
and agree toabide by all of these Terms and Conditions as well as FJOR Films’s
Privacy Policy, which is incorporated by reference herein. These Terms and Conditions apply to all use
of and access to any text, graphics, information, documents, web pages,
software, code, metadata, and other content that make up this website
("Content"), including all Content authored by FJOR Films (“FJOR Films
Content”) and all Content submitted, posted, or displayed by you or other users
(“User Content”).If you do not agree to all of these Terms and Conditions or FJOR Films’s
Privacy Policy, then you may not use or access this site.
In accessing
and using with this site, you are required to take steps to ensure that User
Content submitted by you, your activities on this site, and your interactions
with other users are proper and authorized.
Any use of this site for any purpose not expressly authorized by FJOR Films
is strictly prohibited. FJOR Films, in its sole discretion, may determine which
uses of this site constitute Unauthorized Uses. We may take any appropriate
action in response to Unauthorized Uses of this site, including but not limited
to removing, suspending, or blocking access to anyone who uses, accesses, or
registers with this site. “Unauthorized Uses” of this site include, but are not
limited to, the following:
To
access or use the services provided by us through this site, you must register
as a FJOR FilmsMember. If you are under
the age of 13, you must not register with or use this site.
Each
Member’s access to the content on this site is controlled by the Member’s email
address (or username) and password. You agree not to share your password with
anyone. You must use a password that is memorable and secure. If you know or
have reason to believe that a third partyknows your password, you must change
your password in your account settings. You are solely responsible for all
activities that occur under your account and password, including any
unauthorized use thereof.
At
all times, you must maintain accurate and up-to-date information in your Member
profile, including, at a minimum, your name, physical address, and a valid
email address. FJOR Films’s collection and use of this information is governed
by FJOR Films’s Privacy Policy.
By registering as a
Member, you expressly represent and agree that you will not use your membership
for any of the Unauthorized Uses listed above.
You also acknowledge and agree that FJOR Films (a) assumes no
responsibility and shall not be liable for Members’ statements and conduct with
respect to each other, this site, and otherwise; (b) has no control over
Members’ conduct or Members’ relationships, agreements, conduct, or contact
with each other or any third party; and (c) has no obligation to conduct its
own independent investigation or inquiry regarding Members or their activities.
Certain
memberships require payment of monthly membership fees, which are processed via
credit card. Our membership rates are
set forth on our site, and are payable on a monthly basis prior to using or
accessing the site for a given month. You agree to pay all applicable fees for
your membership and use of this site, plus any applicable taxes or charges as
may be required, when they become due and payable. All fees and charges are
payable in advance and are non-refundable, even after cancellation.
To sign up
for a subscription requiring a monthly membership fee, you must provide us with
valid credit card and payment information, including (i) the credit card type,
(ii) your name as it appears on the card, (iii) your credit card number and
security code, and (iv) the date of expiration. By submitting that information
to us, you hereby agree that you authorize us to charge your card at our
convenience, but within thirty (30) days of credit card authorization.
YOU REPRESENT
AND WARRANT THAT (I) THE CREDIT CARD INFORMATION YOU SUPPLY TO US IS ACCURATE
AND COMPLETE; (II) PAYMENTS MADE YOU BY WILL BE HONORED BY YOUR CREDIT CARD
COMPANY; AND (III) YOU WILL PAY ALL CHARGES INCURRED BY YOU.
You hereby
represent, warrant that you have not used and will not use any credit card or
other form of payment for a transaction on this site unless you have all
necessary and legally required authorization to do so. We shall not be liable
in the event your children or others acting with or without your permission use
your credit card to make purchases on the site; however you may report any
unauthorized payments to us, and we will undertake reasonable measures within
our control to help prevent future unauthorized use of your card.
You
may choose to cancel your membership at any time by logging into your account
and choosing the option to cancel your membership and/or subscription. Also, failure
to pay any required monthly fees or other charges, or failure to abide by these
Terms and Conditions or our Privacy Policy also may result in cancellation or
suspension of your membership, in FJOR Films’s sole discretion. In the event of any cancellation or
suspension, there will be no refunds of monthly fees already paid.
© 2016FJOR Films. By accessing, viewing, or using this
website, you agree to abide by U.S. and international copyright law and all
other applicable laws. FJOR Films owns the copyright in all FJOR FilmsContent,
unless otherwise indicated. You may not copy, reproduce, alter, modify, or
create derivative works of any FJOR FilmsContentin any format or media, withoutFJOR Films's
express prior written permission from FJOR Films. You may not copy, reproduce, alter, modify,
or create derivative works of any third-party User Content in any format or
media, without express prior written permission from the owner of such User
Content.
FJOR Films claims no ownership or control over any User
Content submitted, posted, or displayed by you or a third party on or through
this website. By submitting, posting, or
displaying User Content, you represent and warrant that you have the
appropriate copyright and other intellectual property rights necessary to do
so, either directly or through a proper license from the relevant
third-party. You (or a third-party, as applicable)
retain all copyright and other intellectual property rights to any User Content
that you submit, post, or display on or through this website, and you are solely
responsible for protecting and enforcing those rights.
By submitting, posting, or displaying User Content on
or through this site, you grant FJOR Films a perpetual, worldwide,
non-exclusive, royalty-free license to reproduce, publish, transmit, display, and
distribute such User Content on this site for the purposes for which you
submitted it. FJOR Films reserves the
right to refuse to accept, reject, post, display, maintain, store, or transmit
any User Content in FJOR Films’s sole discretion.
FJOR Films™, the FJOR Films Logo,
and our other logos and marks appearing on this site are trademarks or
registered trademarks of FJOR Films.All other marks belong to their respective
owners.Nothing contained herein shall be construed as granting any license or other
right to use or exploit any patent, copyright, trademark, or other intellectual
property right of FJOR Films, or any third party.FJOR Films will take all
necessary steps to enforce its intellectual property rights to the fullest
extent of the law.
FJOR Films follows the requirements of the Digital
Millennium Copyright Act (“DMCA”) in responding to proper claims that Content
available on this web site infringes a valid copyright. FJOR Filmsreserves the
right to respond to a notice of claimed infringement (“NOCI”) only if it
complies with the DMCA and other applicable laws. A valid NOCImust be in
writing, must be sent to the address listed below under “Contact Information,”
and must contain the following:
1.
Your name and contact information (preferably an email
address);
2.
A sufficient description of the copyrighted work that
allegedly has been infringed;
3.
A thorough description of the Content you claim is
infringing such copyrighted work, including the URL of the web page containing
the allegedly infringing Content or how it was accessed or viewed;
4.
Information sufficient to identify and notify the
person who posted, submitted, or displayed the allegedly infringing content
(preferably an email address), if possible;
5.
The following statement: “I have a good faith belief
that use of the copyrighted materials described above as allegedly infringing
is not authorized by the copyright owner, its agent, or the law.”;
6.
The following statement: “I swear, under penalty of
perjury, that the information in the notification is accurate and that I am the
copyright owner or am authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed."; and
7.
Your signature.
Upon receipt of a proper NOCI, FJOR Films will act
expeditiously to remove or disable the allegedly infringing content. Within its
sole discretion, FJOR Films may terminate or block any Members or other users
allegedly infringing the copyright rights of any third party. If FJOR Films
removes or disables access to Content, or terminates or blocks a Member or
other user, in response to a NOCI, FJOR Films will take reasonable steps to
contact the person who posted, submitted, or displayed such content to allow
such person an opportunity to respond by submitting a counter notification,
pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter
notification, within our sole discretion, we may reinstate or unblock the
Content or user in question. In appropriate circumstances, FJOR Films will
terminate repeat infringers.
FJOR Films’s policy is not to allow
any Improper Content, as defined above, including, for example, Content that we
deem to be defamatory or that infringes or misappropriates intellectual
property rights or violates federal, state, or local law. Nonetheless, FJOR Films reserves all rights
afforded to it under Section 230 of the Communications Decency Act and other
applicable laws. In appropriate
circumstances, FJOR Filmsmay terminate the Membership of and/or access to this
site by any repeat violators of this policy.
If you believe that someone has posted Content that violates your rights
(other than cases of copyright infringement, addressed above), you may send a
written complaint to the address listed below under “Contact Information.”Your
complaint must contain the following information:
1.
Your name and contact information (preferably an email
address);
2.
The nature of the right violated (including the
registration numbers of any registered trademarks or patents allegedly
infringed);
3.
A thorough description of the Content you claim is in
violation of your rights, including the URL of the web page containing the suchContent
or how it was accessed or viewed;
4.
All facts which lead you to believe that your rights
have been infringed or violated;
5.
Any grounds to believe that the person who posted the
allegedly offending Content was not authorized to do so or had no valid defense
(including the defense of fair use); and
6.
If known, the identity and contact information
(preferably an email address) of the person or persons who posted the
infringing Content.
FJOR Films has the right but not
the obligation, contractual or otherwise, to investigate
any such complaint received and to undertake, or to refrain from undertaking,
any particular course of conduct as a result of such complaint. By submitting such complaint to FJOR Films,
you agree that any representation therein is made under penalty of perjury; you
agree to indemnify and to hold FJOR Films harmless for any claims, damages, or
other losses incurred as a result of your complaint; and you waive any and all
claims or remedies which you might otherwise be able to assert against FJOR Films
under any theory of law, including without limitation intellectual property
laws, which arise out of or relate in any way to any Content, or FJOR Films’s
response or failure to respond to your complaint.
FJOR Films does not accept any
unsolicited ideas, suggestions, or other materials regarding any new or improved
products, services, technologies, processes, marketing, business plans, any
names or marks, or other proprietary issues related to our business
(“Unsolicited Ideas”). To avoid any misunderstanding that any FJOR Films
product, service, or other work created by FJOR Films may be the same as or similar
to Unsolicited Ideas submitted to FJOR Films, you agree not to submit any
Unsolicited Ideas to FJOR Films or any of its employees or agents either through
this website or otherwise.
If, despite our policy, you do
submit Unsolicited Ideas to FJOR Films, then regardless of the content of such
submissions, and notwithstanding any rights that you may have or may claim in
such Unsolicited Ideas, you agree that (1) FJOR Films shall automatically and
exclusively own all rights in and to such submissions; (2) FJOR Films may copy,
distribute, and otherwise use such submissions for any purpose and in any way;
(3) FJOR Films has no obligation to review or consider such submissions; (4) FJOR Films
has no obligation to keep any submissions confidential; and (5) you are not
entitled to any royalty or other compensation from FJOR Films for such
submissions.
Independent of this Unsolicited Ideas Submission
Policy, FJOR Films does welcome your feedback regarding this website or the
services that we provide. We encourage
you to send us comments through the contact information below.
You agree that we may send you notices—including legal notices, notices
regarding these Terms and Conditions or our Privacy Policy, and other notices—to
the current email address listed in your Member Profile. You also agree that our
sending of such a notice constitutes constructive notice to you of the
information contained therein and satisfies any legal
requirement that such communications be in writing, regardless of
whether you do not receive such notice based on any condition not caused by FJOR Films
or its agents, including without limitation your providing an incorrect email
address.
FJOR Films makes no representation
or guarantee and assumes no legal liability or responsibility for the currency,
accuracy, quality, or completeness of the Content or any information contains
on this site. Reasonable efforts are taken to ensure the accuracy and
integrity of all information provided on this site; however FJOR Films is not
responsible for broken links, out-of-date information, or other errors. By using this website, you assume the risk that the
Content on this website may be inaccurate, incomplete, not up-to-date, or otherwise
not meet your needs or requirements.All Content
and information on this website are subject to change without notice.
THE
CONTENT IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND, WHETHER
EXPRESS OR IMPLIED. YOUR ACCESS TO AND USE OF THIS SITE AND ANY CONTENT OR
INFORMATION FOUND HEREIN ARE ENTIRELY AT YOUR OWN RISK.FJOR Films SPECIFICALLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,and
non-infringement, WITH RESPECT TO SUCH INFORMATION AND CONTENT.
YOU
AGREE THAT IN NO EVENT WILL FJOR Films BE LIABLE, AND YOU HEREBY RELEASE FJOR Films
FROM ANY LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, AND ANY OTHER KIND OF DAMAGES SUSTAINED AS A RESULT OF YOUR USE,
INTENDED USE, FORWARDING, OR COPYING OF THIS WEBSITE OR THE CONTENT, EVEN IF FJOR Films
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and
hold harmless FJOR Films fROM AND
AGAINST any liability, damages, losses, and costs of any kind, (including
without limitation reasonable attorneys' fees) related to third-party claims,
charges, complaints, or investigations, caused by your failure to comply with
these Terms and Conditions or any other activity in which you engage through
this website or any email or other online communication or service provided by FJOR Films.
Certain links on this website may lead to resources or
content located on servers that are not maintained by FJOR Films or under its
control. FJOR Films makes no claim, warranty, or representation regarding, and
is not responsible for, the quality, content, nature, accessibility, or
reliability of any such linked third-party website and the information,
products, and services found on such third-party website or any link contained
on such site.
The inclusion on this website of any link to another
website, or any reference to any third-party product or service by trade name,
trademark, manufacturer, or otherwise, is provided only as a convenience and
the inclusion of any link or reference does not constitute or imply an
endorsement, approval, affiliation, sponsorship, or recommendation by FJOR Films.
This website is intended for general audiences and is not
geared toward children. Children under the age of 13 are not permitted to submit
any Content or other information through this website. For more information about protection of
children’s privacy online, please review our Privacy Policy.
The FJOR Films Content and other information
provided on this website is not intended to and does not constitute an offer of
or solicitation for the purchase or disposal of, trading, or transaction in any
securities. Investors must not rely on any information contained herein for
investment decisions.
This website may contain certain “forward-looking”
statements. Forward-looking statements, by their very nature, include risks and
uncertainties that could cause actual results to be materially different from
those anticipated in or implied by forward-looking statements. Forward looking statements
may be subject to a variety of significant uncertainties, including business,
economic, and financial factors, and therefore actual results may differ
significantly from such statements.
This website (excluding linked sites) is controlled by
FJOR Films within the State of Utah, United States of America. It can be
accessed throughout the United States, as well as from other countries around
the world. As each of these places has laws that may differ from those of the
United States and Utah, you and FJOR Films agree that the statutes and laws of
the State of Utah will apply to all matters relating to the use of this
website, without regard to its conflicts of laws principles. You also agree that any actions arising out
of your use or access to this website shall only be brought in the state or
federal courts located in the State of Utah, and you hereby waive any objection
to the jurisdiction of or venue in such courts.
FJOR Films makes no representation that materials on
the website are appropriate or available for use in other locations. Those who
choose to access this site from other locations do so at their own risk and are
responsible for compliance with applicable local laws.
Although this website and its
Content may be accessible worldwide, not all services provided through this
website may necessarily be available to or usable by all persons or in all
geographic locations or jurisdictions. FJOR Films reserves the right to limit
the offering of its services and the accessibility of this website in any
location or jurisdiction, or to any particular person, if lawful and necessary.
Any offer for any service available through this website is void where
prohibited by law.
These Terms and Conditions represent the entire
understanding and agreement between you and FJOR Films with respect to your
access to and use of this website. If
any portion of these Terms and Conditions is deemed enforceable, void, or
otherwise unlawful, then that portion shall be severed and will not affect the
validity and enforceability of the remaining Terms and Conditions. No waiver of or delay in enforcing any
provision or of any breach of these Terms and Conditions shall constitute a
waiver of any other provision or any other breach.
FJOR Films reserves the right to change these Terms and
Conditions at any time by publishing the amended Terms and Conditions at www.FJORFilms.com.
You should visit this page from time to time to review the then-current Terms
and Conditions that are binding on you. Certain Terms and Conditions may be
superseded by expressly designated legal notices or terms located on particular
web pages visited by you or in correspondence sent to you.
You may send any questions or concerns regarding these
Terms and Conditions, or any comments or other inquiries regarding this website,
to the following:
Attn: Website Inquiry
FJOR Films
Email: FjorVault@fjorfilms.com
The effective date of these Terms
and Conditions is January 1, 2016.