Famester Media Inc. Terms of Use

This statement covers all of the Famester Media Inc. websites and any associated content including email and RSS. Please read this statement carefully before using and/or proceeding to access any of the Famester Media Inc. websites. Your use of the Famester Media Inc. websites indicates your agreement to abide by the Terms in effect.

Trademarks and Copyrights
Famester Media Inc. websites and all materials incorporated by Famester Media Inc. on Famester Media Inc. websites (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Famester Media Inc. on Famester Media Inc. websites are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Famester Media Inc. or others (“Trademarks”). Famester Media Inc. respects the intellectual property rights of others and asks users of Famester media Inc. websites to do the same.

Your Use of Material
Your right to make use of Famester Media Inc. websites and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on Famester Media Inc. websites for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and /or Trademarks and is prohibited.

You may access and display Material and all other content displayed on Famester Media Inc. websites for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on Famester Media Inc.  websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Famester Media Inc. Any authorization to copy Material granted by Famester Media Inc.  in any part of Famester Media inc. websites for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on Famester Media Inc. websites into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Your User Submissions and Conduct
A. You may submit picture content (“User Pictures”) and textual content (“User Comments”) to Famester Media Inc. via photo upload function on collegepoison.com or via email to support@collegepoison.com. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, Famester Media Inc. does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Famester Media Inc. to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Famester Media Inc., you hereby grant Famester Media Inc. a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Service.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Famester Media Inc. all of the license rights granted herein.

E. You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.

F. Famester Media Inc. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Famester Media Inc. expressly disclaims any and all liability in connection with User Submissions. Famester Media Inc. does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Famester Media Inc. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Famester Media Inc. reserves the right to remove Content and User Submissions without prior notice.

G. If you provide feedback to us regarding the Websites, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

External Link Disclaimer
Famester Media Inc. websites contain links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of material.

By providing links to other sites, Famester Media Inc. does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Famester Media Inc. website in question.

Famester Media Inc. does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to Famester Media Inc. websites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

Comments and Discussion Groups Terms of Use
In order to make our Comments interesting and informative for our users, the following guidelines must be adhered to by all users posting and/or viewing comments:

* If a comment is made using your identity it will be deemed to have been posted by you.
* Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
* Do not intentionally make, false or misleading statements.
* Do not offer to sell or buy any product or service.
* Do not post material that infringes any copyright.
* Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
* Do not question why a previous comment was removed.
* Keep all comments relevant and ‘on topic’ to the particular Famester Media Inc. website posting open for comments.
* Fameste Media Inc. will not accept responsibility for information posted in the Comments.

If Famester Media Inc. receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, Famester Media Inc. may remove that posting and/or any other related postings.

Notification of Changes
Whenever Famester Media Inc. changes its Terms of Use, it will post those changes to this Statement, and other places we deem appropriate to make users aware of such changes.

Submission Terms of Use
Famester Media Inc. has the right to edit and/or alter any submission. Famester Media Inc. reserves the right not to use the submission at all and/or to use as much or as little of the submission as it chooses.

By submitting your videos/photos, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to Famester Media Inc. a non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit the materials you submit, or any portion thereof, as incorporated in any of Famester Media Inc.’s programming or the promotion thereof, in any manner and in any medium or forum, whether now known or hereafter devised, without making payment to you or any third party. You represent and warrant to Famester Media Inc. that you have the full legal right, power and authority to grant to Famester media Inc. the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. You agree to indemnify, defend and hold harmless Famester Media Inc., its parent and affiliated companies, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from all liabilities or losses, including, without limitation, reasonable attorneys’ fees, arising out of or related to Famester Media Inc.’s exercise of the rights granted herein. This license shall be governed by the laws of the Province of Ontario.

Disclaimer of Warranties
YOUR USE OF FAMESTER MEDIA INC. WEBSITES IS AT YOUR OWN RISK. FAMESTER MEDIA INC. AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN FAMESTER MEDIA INC. ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FAMESTER MEDIA INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FAMESTER MEDIA INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN FAMESTER MEDIA INC. WEBSITES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FAMESTER MEDIA INC.’S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAMESTER MEDIA INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN FAMESTER MEDIA INC. OR ANY SITES LINKED TO FAMESTER MEDIA INC. IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FAMESTER MEDIA INC. MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN FAMESTER MEDIA INC. WILL NOT INFRINGE THE RIGHTS OF OTHERS AND FAMESTER MEDIA INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF FAMESTER MEDIA INC. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability
FAMESTER MEDIA INC. DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, FAMESTER MEDIA INC. OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON FAMESTER MEDIA INC., REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF FAMESTER MEDIA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT FAMESTER MEDIA INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON FAMESTER MEDIA INC. WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF FAMESTER MEDIA INC. OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. FAMESTER MEDIA INC. DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF FAMESTER MEDIA INC.. FAMESTER MEDIA INC. MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Our Use of Content
Famester Media Inc. will consider anything you provide to Famester Media Inc. and/or contribute to Famester Media Inc. websites as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on Famester Media Inc. websites, in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to Famester Media Inc. websites and/or providing any communication or material to Famester Media Inc. (“User Content”), you automatically and irrevocably: (a) grant and assign to Famester Media Inc. any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Famester Media Inc. and/or by any person authorized by Famester Media Inc., by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Famester Media Inc. as your agent with full power to enter into any document and/or do any act Famester Media Inc. may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Famester Media Inc. shall not be liable for any use or disclosure of such User Content.

Violations
Please report any violations of these Terms to support@collegepoison.com