FMC respects the privacy rights of our online visitors and recognize the importance of protecting the information collected about you. We have adopted a Online Privacy Policy that guides how we collect, store and use the information you provide online. Please note that this policy applies only to sites maintained by FashionMomCafe.com and not to web sites maintained by other companies or organizations to which we link.
FMC complies with the EU Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union consistent with the Europeann Commission’s Directive on Data Protection that went into effect in October, 1998. If you have questions or concerns regarding this statement, you should first contact the FMC Privacy Policy Administrator at the email address (fmcadmin@fashionmomcafe.com).
Privacy and Data Collection
Your privacy is important to us. Please read FMC’s Privacy Policy carefully for information relating to FMC’s collection and use of personal information.
When you connect to FMC Services, we may retrieve information from the computer used to log onto the FMC Service. The information we collect may include information about the computer's hardware system and any data related to the computer's operation of FMC Services. We will not collect any personal information about you, however, without your knowledge and consent as stated in our Privacy Policy.
You understand, acknowledge and agree that your communications on FMC Services are not private or confidential, and may be viewed and used by others accessing the FMC Services.
Contributing Third Party Content to FMC Services
FMC respects the intellectual property rights of others. You must have the legal right to upload Content to FMC Services. You may not upload or post any Content on FMC Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. FMC may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of FMC's or a third party’s intellectual property rights, FMC may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to entitlements and assets associated with your Account (such as iTrader points, digital assets and credits).
Contributing Your Own Content to FMC Services; License Grant to FMC and Others
In exchange for FMC enabling your contribution of Content, when you contribute Content to an FMC Service, you expressly grant to FMC a non-exclusive, perpetual, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or here after devised, without notice, payment or attribution of any kind to you or any third party. You grant FMC all licenses, consents and clearances to enable FMC to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
If the FMC Service on which you contribute Content permits other users to access and use that contributed Content as part of the FMC Service, than you also grant all other users of the relevant FMC Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant FMC Service without further notice, attribution or compensation to you.
Paid Services
Some FMC Services require payment of a fee. You must have an Account in good standing, agree to the membership rules and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services visit the FAQ section of the FMC Forums.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
FMC reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for an FMC Service, FMC will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the FMC Service. You are responsible for reviewing the FMC Service to obtain timely notice of such changes. Your continued use of the FMC Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but FMC will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of FMC Services is subject to use or sales tax, then FMC may also charge you for any such taxes, in addition to the subscription or other fees. For further information, visit the FAQ section of the FMC Forums
Payment Options
You may pay fees using the methods available for the particular FMC Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by FMC Service. Subscriptions paid by PayPal may automatically renew, unless you affirmatively cancel your subscription. You agree that FMC is authorized to charge your PayPal for the subscription fee until you affirmatively cancel your subscription. Customers who use other payment methods may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. For further information, visit the FAQ section of the FMC Forums.
When you provide PayPal or other payment information to FMC, you represent to FMC that you are the authorized user of the PayPal Account or other payment method. You agree to promptly notify FMC of any changes to your PayPal account, its standing and/or your billing address, or other billing information, and you agree to promptly notify FMC if your PayPal expires or is canceled for any reason.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
FMC may terminate any FMC Service at any time by giving you notice of such termination within the time period specified when you joined the particular FMC Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable FMC Service.
FMC may also terminate your Account(s) (and access to all related entitlements) for violation of this Terms of Service, illegal or improper use of your Account, or illegal or improper use of FMC Services, products, or FMC's Intellectual Property. You may lose your user names and personas as a result of Account termination. If you have more than one Account, FMC may terminate all of your Accounts and all related entitlements. FMC may issue you a warning, or FMC may immediately terminate any and all Accounts that you have established. You acknowledge that FMC is not required to provide you notice before terminating your Account(s). If FMC terminates your Account, you may not participate in an FMC Service again without FMC's express permission. To participate in an FMC Service, contact fmcadmin@fashionmomcafe.com.
FMC reserves the right to refuse to keep Accounts for, and provide FMC Services to, any individual. You may not allow individuals whose Accounts have been terminated by FMC to use your Account. If your Account, or a particular subscription for an FMC Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., iTrader ratings) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular FMC Service.
Cancellation of your Account
You have the right to cancel your Account or a particular subscription to an FMC Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use FMC Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with FMC, including any dispute related to, or arising out of:
(1) any term of this Terms of Service or FMC’s enforcement or application
of this Terms of Service;
(2) the Content available through FMC Services or any change in Content provided
through FMC Services;
(3) your ability to access and/or use FMC Services; or
(4) the amount or type of fees, surcharges, applicable taxes, billing methods,
or any change to the fees, applicable taxes, surcharges or billing methods for
FMC Services.
Contact FMC's Customer Service Department at fmcadim@fashionmomcafe.com to cancel
your Account. FMC reserves the right to collect fees, surcharges or costs incurred
before you cancel your Account or a subscription to an FMC Service. You are
also responsible for any amounts owed to third-party vendors or content providers
before your cancellation. Any delinquent or unpaid fees and other unresolved
issues with FMC Services must be settled before you establish a new FMC Account.
ONLINE TERMS OF SERVICE
You may violate the Terms of Service if you:
Post, transmit, promote, or distribute Content that is illegal.
Harass, threaten, embarrass, or do anything else to another player that is unwanted,
such as repeatedly sending unwanted messages or making personal attacks or statements
about race, sexual orientation, religion, heritage, etc.
Transmit or facilitate distribution of Content that is harmful, abusive, racially
or ethnically offensive, vulgar, sexually explicit, defamatory, infringing,
invasive of personal privacy or publicity rights, or in a reasonable person's
view, objectionable. Hate speech is not tolerated.
Disrupt the flow of chat in chat areas with vulgar language, abusiveness, hitting
the return key repeatedly or inputting large images so the screen is obscured
and difficult to read, use of excessive shouting [all caps] in an attempt to
disturb other users, “spamming” or flooding [posting repetitive text].
Impersonate another person (including celebrities), indicate falsely that you
are an FMC employee or a representative of FMC, or attempt to mislead users
by indicating that you represent FMC or any of FMC's partners or affiliates.
Attempt to get a password, account information, or other private information
from anyone else on FMC Services.
Upload any software or Content that you do not own or have permission to freely
distribute.
Promote or encourage any illegal activity including hacking, cracking or distribution
of counterfeit software or goods.
Upload files that contain a virus or corrupted data.
Post messages for any purpose other than personal communication, including advertising
or promotional messaging, chain letters, pyramid schemes, or other commercial
activities not soley approved by FMC or made in designated areas.
Improperly use FMC support or the complaint buttons or make false reports to
FMC staff.
Use or distribute “auto” software programs, “macro” software
programs or other “bot utility” software program or applications.
Modify any part of the FMC that FMC does not specifically authorize you to modify.
Post or communicate any persons’s real-world personal information using
an FMC Service.
Attempt to interfere with, hack into or decipher any transmissions to or from
the servers for an FMC Service.
Use and communicate exploits to gain unfair access to prohibited FMC areas
Attempt to use FMC services on or through any service that is not controlled
or authorized by FashionMomCafe.com.
Interfere with the ability of others to enjoy the FMC Service or take actions
that interfere with or materially increase the cost to provide an FMC Service
for the enjoyment of all its users.
Specific FMC Services may also post additional rules that apply to your conduct
on those services.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use FMC Services. FMC reserves the right to terminate your Account and to prevent your use of any and all FMC Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
If you encounter another user who is violating any of the Rules of Conduct, please report this activity to FMC using the “Private Message” option to a moderator or “Report A Thread” functions in the relevant FMC Service.
Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF FMC SERVICES, FMC SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. FMC SERVICES, FMC SOFTWARE, FMC’S PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FMC PROVIDES FMC SERVICES ON A COMMERCIALLY RFMCSONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE FMC SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FMC WILL HAVE ADEQUATE CAPACITY FOR FMC SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FMC OR ITS LICENSORS IS TO STOP USING FMC SERVICES, AND TO CANCEL YOUR FMC ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT FMC, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON FMC SERVICES OR USE OF FMC SOFTWARE. IN NO CASE SHALL FMC OR ITS LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "FMC AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO FMC FOR FMC SERVICES. IN NO CASE SHALL FMC OR FMC AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF FMC SERVICES, FMC SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF FMC SERVICES OR ACCOUNTS.. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FMC’S AND FMC AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. FMC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH FMC AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU, OTHER MEMBERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Notwithstanding the foregoing, nothing contained in this Terms of Service limits FMC’s liability to you for fraudulent misrepresentations, dFMCth or personal injury caused by FMC’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
