These Terms of Service (“Terms” or “TOS”) cover the general terms you agree to when using the various services (“Services”) provided by FYI.FYI (“FYI.FYI” or “we”). Using and accessing our Services is subject to these Terms, and by doing so you are agreeing to this TOS.
These Terms of Service Contain a Binding Arbitration Requirement and Class Action Waiver that impact your legal rights to resolve disputes, headed “Dispute Resolution.” Please read it carefully.
FYI.FYI is a messaging and collaboration platform that gives you the power to share your ideas and communicate with the world. We give you tools to communicate with others one-on-one (“messaging”), in collaborative circles (“groups”), and to the public at large (“posting”). We also give you tools to store and share access to files you create. The information you create and upload to the Services is User Content.
FYI.FYI prohibits certain uses of its Services. You may not use the Services to send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages.
Unless we have given you express written consent, you may not reverse engineer the Services or do anything to circumvent measures employed to prevent or limit access to part of the Services, except as expressly permitted by law. Likewise, you may not use automated means to access or manipulate the Services or content (such as using bots, crawlers, scripts, or auto-responders), or develop any third-party application that interacts with the Services.
We encourage users of the Services to treat each other with respect. Ultimately, however, each user is solely responsible for their interactions with others. FYI.FYI has no responsibility or liability with respect to any online or offline interactions.
We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others. We may publish additional community standards, which you agree to abide by as part of these Terms of Service. In particular, however, you agree not to:
· Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
· Use the Services to distribute, copy, or propagate content to which you have no legal right;
· State or imply that you have a relationship with FYI.FYI or its principals, or that FYI.FYI has endorsed you or any products or services;
· Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;
Copyright and Intellectual Property Rights.
For FYI.FYI to provide the Services, you must grant certain permissions to your User Content.
For storage Services, you grant FYI.FYI a nonexclusive, royalty-free, worldwide, transferable, and fully sub-licensable right to store, reproduce (for the purposes of storage), modify (in format or through compression), host, publish (to effectuate any sharing you specify), and distribute (to effectuate any sharing you specify) your User Content.
For User Content in messaging and group applications, you grant FYI.FYI a nonexclusive, royalty-free, worldwide, transferable, and fully sub-licensable right to use, reproduce, modify, host, publish, translate, create derivative works from, distribute (as directed by you), publicly perform or display your User Content within the parameters of the messaging and group Services.
For User Content posted to the public at large, you additionally grant FYI.FYI the right to publicly perform or display your User Content in any media now and in the future, including in connection with FYI.FYI’s marketing and promotional activities. This permission does not affect your ownership rights, if any, to your User Content. You further grant FYI.FYI the right to publicly display your username in connection with User Content.
To terminate this license, delete your User Content or your account. Please note that if your User Content was shared with and then re-posted by others, it will continue to appear on the Services.
The trademarks, logos, and service marks displayed on Services and on the website owned by FYI.FYI (collectively, the Trademarks) are the registered and unregistered marks of FYI.FYI, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws and treaties. Third party trademarks displayed on the Services are the property of the respective third party.
Except as required under applicable law, neither our content nor the Trademarks nor any portion of the Services may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to us via email at [email protected].
ARBITRATION PROVISION AND JURY TRIAL AND CLASS ACTION WAIVERS PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ACCESSING OR USING THE SERVICES YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST FYI.FYI ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES OR YOUR DEALINGS WITH FYI.FYI SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.
THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND FYI.FYI AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.
FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE ARBITRATOR, YOU AND FYI.FYI MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED.
YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, OR YOUR DEALINGS WITH FYI.FYI MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURTS LOCATED IN LOS ANGELES, CALIFORNIA, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS AND CONDITIONS. THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WILL SURVIVE TERMINATION OF YOUR USE OF THE SERVICES AND YOUR RELATIONSHIP WITH FYI.FYI. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 (FAA), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG. IF YOU WISH TO INITIATE ARBITRATION AGAINST FYI.FYI, YOU MUST SEND WRITTEN NOTICE TO FYI.FYI AT THE ADDRESS BELOW:
10960 Wilshire Blvd., 5th Floor
Los Angeles, CA 90024
With respect to any dispute regarding the Sites or your use of the Sites, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, without giving effect to any principles of conflicts of laws, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WITH RESPECT TO THE SERVICES, FYI.FYI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE FYI.FYI EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SERVICES USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
FYI.FYI MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SERVICES OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SERVICES AND ANY SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FYI.FYI OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
We are not responsible for timeliness, accuracy, unavailability or interruptions in availability, viruses or other defects in the Services. We are also not responsible for any delay or failure in performance resulting directly or indirectly from acts of nature, or other forces or causes beyond our reasonable control including internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, explosions, acts of God, war, governmental actions, and non-performance of third parties not subject to our control.
In addition, we are not responsible for the contents of any communication, message, or information posted by you or other third parties; the content of any website not controlled, owned, or operated by us that is accessed from or linked to the Services; or the content, services or information provided by any website purporting to be operated by FYI.FYI or its affiliates, but not actually affiliated with, controlled, owned, or operated by FYI.FYI.
SUBJECT ONLY TO LIMITATIONS IMPOSED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL FYI.FYI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATING TO THE SERVICES REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR EVEN IF FYI.FYI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
SPECIAL NOTICE FOR NEW JERSEY USERS
BY USING THE SERVICES, YOU: (A) ASSUME ALL RISK OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICES; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE FYI.FYI, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SERVICES; AND (D) YOU VOLUNTARILY WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FYI.FYI FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF FYI.FYI AND ITS AGENTS AND EMPLOYEES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
You agree to defend, indemnify and hold harmless FYI.FYI, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including your contributions, any use of the Sites’ content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Services.
Digital Millennium Copyright Act ("DMCA") Notice
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), FYI.FYI reserves the right, but not the obligation, to terminate your right to use the Services if FYI.FYI determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. FYI.FYI accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, FYI.FYI has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. You may contact the designated agent of FYI.FYI to receive notification of claimed infringement at: [email protected] or via mail Attn: DMCA Agent, FYI.FYI, 10960 Wilshire Blvd., 5th Floor, Los Angeles, CA 90024.
FYI.FYI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sites; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
We reserve the right, in our sole discretion, to change these Terms of Service at any time by posting the changes on the FYI.FYI website. Any changes are effective immediately upon posting to the website. Your continued use of the Services constitutes your agreement to all such Terms of Service. If you have any questions regarding these Terms of Service, please contact us at [email protected].