3. AGE AND RESPONSIBILITY. If you use this Service, you are responsible for maintaining the confidentiality of your user identification and your password. You agree to accept responsibility for all activities that occur under your account or password, including those undertaken by a child for whom you have provided consent to use the Service. You represent that you are of sufficient legal age to use this Service, to create binding legal obligations for yourself and any child for whom you provide consent to use the Service for any liability you or such child may incur as a result of use of this Service. You understand that you are financially responsible for all uses of this Service by you, those using your login information and any child for whom you have provided consent to use the Service.
5. FEEDBACK. You agree that F2B shall have a royalty-free right to make any use of any suggestion, recommendation or other feedback that you or any child for whom you have provided consent to use the Service provide F2B.
6. DISCLAIMER; EXCLUSION OF WARRANTY. THE SERVICE DELIVERS CONTENT TO USERS’ COMPUTERS AND MOBILE DEVICES BY MEANS OF THE BROADBAND AND SMS MESSAGING FUNCTIONALITIES OF SUCH DEVICES. DEPENDING UPON YOUR ARRANGEMENT WITH YOUR PROVIDER OF BROADBAND CONNECTIVITY (LANDLINE OR WIRELESS) AND/OR SMS MESSAGING FUNCTIONALITY, USE OF THE SERVICE MAY RESULT IN YOUR INCURRING ADDITIONAL CHARGES FOR THE INCREMENTAL BANDWIDTH OR SMS MESSAGE FUNCTIONALITY INVOKED TO DELIVER THE SERVICE TO YOUR DEVICE(S). F2B ENCOURAGES YOU TO ASCERTAIN THE EXTENT, IF ANY, OF ANY SUCH INCREMENTAL CHARGES THAT YOUR USE OF THE SERVICE MAY CAUSE YOU TO INCUR PRIOR TO YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL F2B BEAR ANY RESPONSIBILITY FOR ANY SUCH COSTS.
F2B AND ITS LICENSORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SERVICE AND/OR ANY OF ITS CONTENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. F2B AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA DELIVERED BY MEANS OF THIS SERVICE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER F2B NOR ANY OF ITS LICENSORS WARRANT THAT THIS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. F2B ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THIS SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICE. IN NO EVENT SHALL F2B OR ANY OF ITS LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SERIVCE OR CONTENT DELIVERED THEREBY, (II) ANY FAILURE OR DELAY IN THE OPERATION OF THE SERVICE, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY F2B OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, F2B or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Service or its content, the liability of F2B and its licensees shall in no event exceed, in the aggregate, US$100.00. In its sole discretion, in addition to any other rights or remedies available to F2B and without any liability whatsoever, F2B at any time and without notice may terminate or restrict your access to any component of this Service. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
9. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (as amended, the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Service should be sent to Footsteps2Brilliance®, Inc, 3125 Cathedral Avenue, NW, Washington, DC 20008, Attn: General Counsel, Phone: 202-338-1225, Fax: 202-338-1227 Email:firstname.lastname@example.org. Be aware that there can be penalties for false claims under the DMCA.
10. LINKS. The Service contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by F2B or its licensors of the contents of such Web sites. Neither F2B nor any of its licensors shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
11. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the District of Columbia, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the District of Columbia, in all questions and controversies arising out of your use of this Service and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Service must be brought within two (2) years from the date on which such claim or action arose or accrued.
15. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
16. MODIFICATION. F2B may at any time modify these terms and conditions and your continued use of this Service will be conditioned upon the terms and conditions in force at the time of your use.
17. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.