My Fest Friend Site Terms

Last Updated: June 13, 2018

 

Welcome to the My Fest Friend site (the “MFF Site”). My Fest Friend, Inc. and/or its affiliates (“MFF”) provides the MFF Site to you subject to the following terms of use (“Site Terms”). By visiting the MFF Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future MFF services, content or other materials, you also will be subject to the MFF Customer Agreement or other agreement governing your use of our services (the “Agreement”).

 

PRIVACY

Please review our Privacy Policy, which also governs your visit to the MFF Site, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

When you visit the MFF Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the MFF Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All content included on the MFF Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MFF or its content suppliers and protected by United States and international copyright lMFF. The compilation of all content on the MFF Site is the exclusive property of MFF and protected by U.S. and international copyright lMFF. All software used on the MFF Site is the property of MFF or its software suppliers and protected by United States and international copyright lMFF.

 

TRADEMARKS

“My Fest Friend”

 

LICENSE AND SITE ACCESS

MFF grants you a limited license to access and make personal use of the MFF Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MFF. This license does not include any resale or commercial use of the MFF Site or its contents; any derivative use of the MFF Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by MFF in a separate license, your right to use any software, data, documentation or other materials that you access or download through the MFF Site is subject to these Site Terms or, if you have an MFF account, the Agreement.

 

The MFF Site or any portion of the MFF Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MFF. 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 MFF without express written consent. You may not use any meta tags or any other “hidden text” utilizing MFF’s name or trademarks without the express written consent of MFF. Any unauthorized use terminates the permission or license granted by MFF. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the MFF Site, so long as the link does not portray MFF, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MFF logo or other proprietary graphic or trademark as part of the link without express written permission.

 

YOUR ACCOUNT

If you use the MFF Site, you are responsible for maintaining the confidentiality of your MFF account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MFF reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MFF reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant MFF a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MFF and sublicensees the right to use the name that you submit in connection with such content, if they choose.

 

You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the MFF Site. You acknowledge that (a) MFF has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and© Third Party Content may be subject to separate license terms as determined by the person posting such content.

 

You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MFF for all claims resulting from content you supply. MFF has the right but not the obligation to monitor and edit or remove any activity or content. MFF takes no responsibility and assumes no liability for any content posted by you or any third party.

 

COPYRIGHT COMPLAINTS

MFF respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MFF SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MFF ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. MFF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MFF SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MFF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MFF DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MFF SITE; ITS SERVERS; OR E-MAIL SENT FROM MFF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MFF WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MFF SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MFF SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LMFF DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LMFF APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

 

By visiting the MFF Site, you agree that the lMFF of the state of Arizona, without regard to principles of conflict of lMFF, will govern these Site Terms and any dispute of any sort that might arise between you and MFF.

 

DISPUTES

Any dispute relating in any way to your visit to the MFF Site or to services provided by MFF or through the MFF Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Maricopa County, Arizona, and you consent to exclusive jurisdiction and venue in such courts.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on the MFF Site. These policies also govern your visit to the MFF Site. We reserve the right to make changes to the MFF Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

My Fest Friend, Inc. 

7800 E Camelback Rd

 

www.MyFestFriend.app

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying MFF that your copyrighted material has been infringed.

 

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the Site;

Your address, telephone number, and e-mail address;

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;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

MFF’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

 

Copyright 

7840 E Camelback Rd Unit 203

Scottsdale AZ 85251

phone: (772) 222-7615

e-mail: info@myfestfriend.app