Terms of Service

 

Terms of Service

(Updated December 7, 2020)

Welcome to FYI.com (“FYI(s)”, “we”,”our” or “us”) and thank you for visiting.  FYI is a place where you can find important news and information, along with other entertaining content as well.   By accessing or using our Services, you are agreeing to be bound by these Terms.  If you are using the Services on behalf of an organization or entity (“Organization’), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms.  In that case, “you” and “your” refers to you and that Organization. If you do not agree with these Terms, you must discontinue use of FYI’s Services immediately.

PRIVACY POLICY: Please see our Privacy Policy as it explains how we collect, use and share information when you access or use our Services.

ARBITRATION NOTICE: PLEASE SEE SECTION 12 DISPUTES, WHICH CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER.  IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH FYI.  PLEASE READ IT.

ElECTRONIC DEFENSES:  YOU HEREBY WAIVE ANY AND ALL DEFENSES YOU MAY HAVE BASED ON THE ELECTRONIC FORM OF THESE TERMS AND THE LACK OF SIGNING BY THE PARTIES HERETO TO EXECUTE THESE TERMS.

1. Who Can Use FYI

We want our Services to be as safe and secure as possible and inclusive of everyone.

Minors under 13 however, are not permitted to create an Account.  If you live in the European Economic Area and are under the age of majority under the laws which apply to you, your parent or legal guardian must agree to the Terms of Service on your behalf, otherwise you may not use FYI’s Services.

2. Use of Services

FYI grants you a personal, non-transferable, non-exclusive, non-sublicensable, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you, including and additional rights not expressly granted to you by these terms.

FYI does not grant rights to any third parties nor can you transfer your rights and obligations under this agreement without our consent.  Our rights and obligations can be assigned and transferred to others.  This could occur if ownership of FYI changes (by merger, acquisition or sale of assets) or by law.

3. User Generated Content (Your Content)

In order to use certain features of our Service, you many be required to create an FYI Account (“Account”) and provide us with a username, password and other information about yourself as set forth in our Privacy Policy.

We do not claim ownership of your content, but by posting content on FYI, you are granting us a license to use it.  That license, when you share, post or upload content that is covered by intellectual property rights (eg. Photos and Videos) on or in connection with our Service, grants us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.  You also give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with Accounts, ads, offers, and other sponsored content without any compensation to you.  You can end this license at any time by deleting your Account.  However, your content will continue to appear if you shared it with others and they have not deleted it and will also be retained in the back-up copies of FYI’s website which are not available to the public.   Furthermore, all posts, comments and messages you submitted prior to deleting your Account will still be visible and retained for legitimate business purposes only.

4. Your Account

You understand that you take full responsibility for your participation on FYI including security for your log-in credentials and any activity resulting from the use of your log-in credentials or other activity on you Account.  If the username or password of your Account is lost or stolen, or if you believe there has been unauthorized access to your Account by a third party, you must notify us immediately and change your password as soon as possible.

5. What You Can’t Do

We’ve established a few rules for you to follow when using the Service, so that FYI is enjoyable for everyone. You must follow these rules and should encourage other users to do the same.

The following is not permitted under any circumstance:

1. Copying, redistributing, reproducing, transferring, or displaying to the public any part of FYI’s Service or Content, or otherwise making use of FYI’s Service or Content which is not expressly permitted under applicable law or which otherwise infringes upon the intellectual property rights (such as copyright) of FYI or other FYI users (their submitted Content) in whole or in any part.
2. Using FYI to import or copy any local files that you do not have the legal right to import or copy in this way;
3. Transferring copies of cached Content from an authorized Device to any other Device via any means;
4. Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of FYI’s Content or any part thereof except to the extent permitted by applicable law;
5. Circumventing any technology used by FYI, its licensors, or any third party to protect its Content;
6. Selling, renting, sub-licensing or leasing of any part of FYI’s Content;
7. Artificially increasing play counts, follow counts or otherwise manipulating FYI’s Service by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
8. Removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or FYI or provided through FYI (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
9. Circumventing or blocking advertisements on FYI, or creating or distributing tools designed to block advertisements on FYI;
10. Providing your password to any other person or using any other person’s username and password;
11. “Crawling” or “scraping” FYI or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from FYI.
12. Artificially promoting Content by automated means or otherwise.

Additionally, FYI asks that you please respect other users of FYI’s Services and do not engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

1. Is offensive, abusive, defamatory, fraudulent, racist, sexually explicit, pornographic, threatening, malicious, obscene or any activity that may be considered unethical, immoral, illegal, violates any third parties rights, or is considered by FYI to be spam and/or bot related;
2. Is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of FYI or a third party;
3. Includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
4. Includes malicious content such as malware, trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
5. Is intended to or does harass or bully other users;
6. Impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
7. Involves the transmission of unsolicited mass mailings or other forms of solicitation, spam, junk mail, chain letters, or similar;
8. Involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by FYI;
9. Interferes with or in any way disrupts FYI, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in our Service or FYI’s computer systems, network, usage rules, or any of FYI’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
10. Conflicts with any Agreement, as determined by FYI.

As a user, you acknowledge and agree that posting any Content that violates these Terms of Service (or that FYI reasonably believes violates them) may result in the removal of said Content, and/or the immediate termination or suspension of your FYI Account. You also agree that FYI may reclaim your username for any reason.

We ask that you be respectful about how you use FYI and the information that you share. FYI’s Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public.

Remember that shared or publicly available information may be used and re-shared by other users on FYI or across the web, so please use FYI carefully and be mindful of your Account settings. FYI has no responsibility for your choices to post material on the Service and will have no liability to you for the removal of any content, for terminating your access to FYI or for modifying these terms.

6. Intellectual Property/Copyright Complaints

FYI respects the intellectual property of others and requires that users of our Services do the same.  Our policy includes the removal of any infringing material and the termination of a users Account under appropriate circumstances.

If you (“Complainant”) believe that your copyrighted work or trademark is being infringed upon by content which is hosted on FYI, please submit a written notice in accordance with the process outlined below.  FYI users who receive a notice of a written complaint and whose material is removed or access suspended, may follow the counter notification policy in Section 8 below.                

Please send an e-mail to support@FYI.com with the words “Copyright Complaint” in the subject line.  For your written notice to be effective, it must comply will all requirements sets forth in the Digital Millennium Copyright Act and include the following information:

(a) Identification of the copyrighted work claimed to have been infringed with the Copyright Registration number if the work is registered;

(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;

(c) Information reasonably sufficient to permit us to locate the material that is claimed to be infringing such as the website URL or step by step directions to locate the infringing material on FYI website;

(d) Information reasonably sufficient to permit FYI to contact the Complainant, such as the Complainant’s address, telephone number, or an email address;

(e) A statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is the owner, or is authorized to act on behalf of the owner; and

(g) An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

Upon receipt of notification consistent with the requirements set forth above, FYI shall (i) remove or disable access to the material claimed to be infringing, (ii) forward the

Complainant’s written notification to the alleged infringer to the email address on file with FYI; and (iii) notify the alleged infringer via the email address on file with FYI that the allegedly infringed content was removed or disabled.

7. Trademark Complaints

Please send an email to support@FYI.com with the words “Trademark Complaint” in the subject line.  Your must be the owner of a valid trademark or service mark, where validity is demonstrated through having a registration number from the United States Patent and Trademark Office or an equivalent foreign office (state registrations are not valid for these purposes).

For your written notice to be effective, it must include the following information:

(a) The trademark, service mark, trade address, name, or other indicia of origin (the “Mark”) that is claimed to be infringed;

(b) The Marks registration number and the name of the office that issued the registration (e.g., United States Patent and Trademark Office);

(c) The jurisdiction or geographical area to which the mark applies;

(d) The name, mailing address, telephone number and email address of the Mark’s owner;

(e) A description of the manner in which the Complainant believes its Mark is being infringed upon.

(f) Information reasonably sufficient to permit FYI to locate the allegedly infringing mark such as the URL address or step by step directions to locate the infringing mark on the FYI’s website;

(g) A good faith certification, signed under penalty of perjury, stating that: (i) You have a good faith believe that use of the trademarks describe above in connection with the use(s) described above is not authorized by the trademark owner, its authorized agent and is not otherwise permissible under law; (ii) You are the trademark owner or its authorized agent; and (iii) Under penalty of perjury, the information in the written notification is true and correct.

Upon receipt of notification consistent with the requirements set forth above, FYI will (i) initiate an investigation and may, at its sole discretion and without any legal obligation to do so, temporarily remove or disable access to the website or the website page displaying the allegedly infringing mark; (ii) forward the Complainant’s written notification to the alleged infringer at the email address on file with FYI; and (iii) if the allegedly infringing content was removed or disabled, notify the alleged infringer via the email address on file with FYI of such removal.

If FYI determines that the Complainant has raised a legitimate claim, FYI may, at its sole discretion and without any legal obligation to do so, permanently remove the material from FYI’s website and notify the alleged infringer of such removal. If FYI determines, at its sole, that the Complainant has not raised a legitimate claim or if it is not clear whether the Complainant has raised a legitimate claim, FYI will restore access to the challenged material.

8. Counter Notification Process

If you are an FYI user and have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing support@FYI.com  and including the following:

(a) Identification of the material that was removed or to which access was disabled and the location of where the material appeared before it was removed or access to it was disabled;

(b) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(c) Your name, mailing address, telephone number, email address and a statement that you consent to the jurisdiction of the Palm Beach County, Florida, and that you will accept service of process from the Complainant or its agent; and

(d) Your electronic signature.

Upon receipt of a Counter Notification consistent with the requirements set forth above, FYI shall provide the Complainant with a copy of the Counter Notification, and inform such Party that it may replace the removed material or cease disabling access to it in ten (10) business days; unless FYI first receives notice from the Complainant that such Complainant has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the Content on FYI’s website. The Complaining Party shall include a copy of the filed court action with such notice.

9. Communications

You agree to receive communications from FYI electronically, such as email, text, or mobile push notices, or notices and messages on the Service. For any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt out, as we don’t want to send you messages you don’t want.  By using the Service and/or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your Account and use of the Service, and that all agreements, notices, disclosures, and other communications that FYI provides to you electronically satisfy any legal requirements that such communications be in writing. You may use our Service’s to send messages to other users of FYI. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam).

10. Responsibility/Limitation of Liability

 FYI and its Service is provided “As Is” and “As Available”, meaning that we cannot guarantee that it will be safe and secure or will work without hiccups/errors 100% of the time. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a specific purpose, title and non-infringement.  FYI does not warrant that the Services are accurate, complete, reliable, current or error free or that our Services or servers are free of viruses or other harmful components.  Therefore, you assume responsibility for the entire cost of any maintenance, repair or correction to your computer system or other device and for any recovery or reconstruction of lost data necessitated by your use of our Services.

Since we don’t control what users and others do or say, FYI does not warrant and is not  responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). ACCESS TO, AND USE OF FYI’S SERVICES IS AT YOUR OWN RISK AND DISCRETION. We are also not responsible for services and features offered by users, other people or companies, even if you access them through our Service.

You agree that FYI won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or Account.

Our aggregate liability arising out of or relating to these Terms shall not exceed the greater of $100.00 or any amount you paid FYI in the previous six months for the services given rise to the claim.

11. Indemnity

You agree to defend (at our request), indemnify and hold us, our licensors, our third party service providers and our officers, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

12. Disputes

 Prior to you commencing an arbitration claim, you agree to first try and resolve any issue or dispute with us informally.  Most disputes can be resolved without going to arbitration.  Please contact us with your feedback, concerns or issues to support@FYI.com.

Except as provided above, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or FYI (“claim(s)”) must be resolved in a binding, confidential, and fair arbitration process on an individual basis and not in court. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other FYI users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and FYI, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory.  The term “Dispute” specifically includes, but is not limited to, any and all claims between you and FYI in any way related to or concerning this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any products or services provided by FYI, any billing disputes, and any disputes relating to telephonic, text message, or any other communications either of us received from the other.

The only exceptions to this Arbitration Agreement are that (a) each of you and FYI retains the right to sue in small claims court and (b) each of you and FYI may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.  Disputes over whether these exceptions apply shall be resolved by the court in which such action has been brought; all other disputes over arbitrability shall be resolved by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.

13. Third-Party Content, Advertisements/Promotions

 Third-Party Content means Content that originates from parties other than FYI or its users, which is made available in connection with the Service.  The Content and Services my contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”).

Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation (e.g. review their privacy policy) you feel necessary before proceeding with any transaction in connection with such Third-Party Content.  So remember, when you engage with any Third-Party Content, you are interacting with another party, not FYI.

The Services may also contain sponsored Third-Party Content or advertisements. If you choose to click on those advertisements or links, those third parties may collect your information. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

If you choose to use the Services to conduct a promotion, including a contest or sweepstakes, you alone are responsible for conducting the promotion in compliance with all applicable laws and regulations. The terms of your promotion must specifically state that the promotion is not sponsored by, endorsed by, or associated with FYI and the rules for your promotion must require each entrant or participant to release FYI from any liability related to the promotion.

14. Governing Law and Venue

In the event of any claims arising out of or relating to these Terms or Services that are not subject to arbitration, they shall be decided exclusively by a court of competent jurisdiction located in Palm Beach County, Florida; and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Palm Beach County, Florida.

15. Entire Agreement/Waiver

These Terms constitute the entire agreement between you and FYI with respect to your access and use of the Services. The failure of FYI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  We may freely assign these Terms.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

17. Changes To These Terms

From time to time, we may revise these Terms of Service to reflect changes both in the law and/or our service or for any other reason at our discretion. We will always prominently display the date of any such change at the top of this Privacy Policy.  Therefore, it is important that you check the effective date posted at the top of the Privacy Policy each time you visit FYI or use any of our services, ensuring that you are familiar with the latest updates to our policies and procedures.  If we do make such change, we will notify you either by posting a notice on our website or sending you a personal notification with any email address we have on file. Accordingly, please keep your account information, including email address, updated in case of such change.  By continuing to use our services after Terms of Service changes go into effect, you agree to be bound by the revisions.

18. Contact Us

If you have any questions about these Terms of Service, please contact us at support@fyi.com or by writing to us at:

FYI Networks Inc.

7050 W. Palmetto Park Rd.

Suite 15 Box 332

Boca Raton, Florida 33433