Last updated on February 17, 2017
This agreement was written in English. If there exists a conflict between the English version and any translation, the English version controls.
At 15SOF, our mission is to connect you with the moments of your life. We want 15SOF to be fun for everyone. Although these terms are a legal contract between us and you, adhering to them is not onerous. Do your part in keeping up with these terms, and we will do ours in keeping you connected to the moments that matter.
Before using certain areas of the 15SOF Services you may be asked to indicate your acceptance of additional specific terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.
15SOF reserves the right to modify any of these Terms at any time and in its sole discretion. 15SOF will provide notice of such changes by posting the modified Terms on this page and by indicating above the date the Terms were last updated. By continuing to use the 15SOF Services, you are agreeing to all changes made by 15SOF.
Facial Recognition and Privacy Practices
15SOF uses facial recognition technology to identify you across the 15SOF Services. By downloading or using any of the 15SOF Services, you expressly and irrevocably consent to the use of facial recognition technology to identify you across all content contained in the 15SOF Services, whether supplied by 15SOF, or its affiliates, licensors or content suppliers or by any user of the 15SOF Services. If you do not wish to be identified through facial recognition technology, do not download or use the 15SOF Services.
Because the 15SOF Services are potentially accessible throughout the world, personal information that 15SOF collects may be stored and processed in the United States of America or any other country in which 15SOF or its agents maintain facilities. By using the 15SOF Services, you consent to any such transfer of information outside your country. You will not use 15SOF if you are prohibited from receiving products, services, or software originating from the United States of America.
II. PERMITTED USE OF THE 15SOF SERVICES
15SOF does not allow use of the 15SOF Services by persons under 13. Persons between 13 and 17 may use the 15SOF Services with the express consent of a parent or legal guardian. By using the 15SOF Services, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use the 15SOF Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. 15SOF does not intentionally collect personal information about children under the age of 13 and does not sell products to children. Children under the age of 13 may not use the 15SOF Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the 15SOF Services. If you do not agree to (or cannot comply with) any of these Terms, do not use the 15SOF Services. All billing and registration information provided by you through the 15SOF Services must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms.
PROTECTING CHILDREN ONLINE
Commercially available parental control protections (such as computer hardware, software, or filtering services) are available that may assist you in limiting access to material that is harmful to minors. Information on such protections is available at websites such as http://kids.getnetwise.org/tools. The preceding link is provided for information purposes only. 15SOF is not affiliated with getnetwise.org and this is not intended as an endorsement of getnetwise.org’s Internet website, services, or policies.
PERSONAL & NONCOMMERCIAL USE
The 15SOF Services are for your personal and noncommercial use. As a condition to your continued use of the 15SOF Services, you warrant to 15SOF that you will not use the 15SOF Services for any purpose that is prohibited by these Terms or unlawful.
LINKING TO THE 15SOF SERVICES
You are granted a personal, revocable, nontransferable and non-sublicenseable right to create text-only hyperlinks (each a “Link”) to content on the 15SOF Services, strictly in accordance with the following limitations: Any Link (a) must describe the content accurately as it appears on the 15SOF Services, (b) must not “frame” the 15SOF Services or any of their content, (c) must not copy portions of the 15SOF Services to a server, except as part of an Internet service provider’s incidental caching of pages, (d) must resolve to pages within the 15SOF Services that are displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the 15SOF Services, (e) does not cause (directly or indirectly) any portion of the 15SOF Services to appear on a user’s computer screen with any material (e.g., URL, text, graphics, pop-up window, audio, or other) supplied by or associated with you or any third party, (f) must not, via appearance, position or otherwise, be likely to damage or dilute the goodwill associated with the name and trademarks of 15SOF or create the false appearance that any person or entity other than 15SOF is associated with or sponsored by 15SOF. 15SOF reserves the right to revoke your license to create any or all hyperlinks, at any time and to break any hyperlink at any time.
MOBILE AND OTHER PORTABLE DEVICES
15SOF currently provides its mobile services for free. However, please be aware that your carrier’s normal data rates and fees apply.
Except for material in the public domain under United States copyright law, the 15SOF Services, in their entirety, including all Website design, computer programs used to generate the Website pages, software (see below), HTML code, Java applets, Active X controls and other code, website or mobile application design, text, data, interfaces, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, and the selection, arrangement, coordination, enhancement and presentation of said elements, and all other intellectual property rights (including service marks, and trademarks) in, on, and to the 15SOF Services are the sole property of 15SOF and/or its affiliates, licensors or content suppliers and are protected by United States and foreign copyright laws. By using the 15SOF Services, you acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Nothing in the Terms or through the use of the 15SOF Services shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of 15SOF or any third party, except as expressly set forth and granted in the Terms.
Except as otherwise expressly provided in these Terms, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the 15SOF Services without the prior consent of the copyright owner. None of the material contained on the 15SOF Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of 15SOF. Violation of this provision may result in severe civil and criminal penalties. You may not transfer to or store any data residing or exchanged using the 15SOF Services in any electronic network for use by more than one user unless you obtain prior written permission from 15SOF.
You are granted a non-exclusive, non-assignable and non-transferable license to use the 15SOF Services only under the Terms. You may make single copies of materials displayed on the 15SOF Services for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the 15SOF Services. It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the 15SOF Services. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from 15SOF or the copyright owner of the copied material. Requests to reproduce materials on the 15SOF Services for distribution or other purposes should be directed to:
15 Seconds of Fame, Inc.
461 Park Ave South
New York, NY 10016
Tel: 855-815-FAME (3263)
Fax: (646) 612-7655
Any software that is made available to download from these 15SOF Services is the property of 15SOF and/or its suppliers (or is used under license from its owner) and is protected under United States and international copyright laws and/or patent laws. Your use of the software is governed by the terms of the End User License Agreement (“EULA”), if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such EULA. For any software not accompanied by a EULA, 15SOF hereby grants to you a personal, revocable, nontransferable and non-sublicensable license to use the software for viewing and other purposes within the scope of use expressly stated by 15SOF in accordance with these Terms, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms.
You may not, and you will not encourage, assist or authorize any other person to copy modify, reverse engineer, decompile or disassemble, or otherwise tamper with, any software, whether in whole or in part, and you will not create any derivate works from or of the software.
In order to keep the 15SOF Services up to date, we may offer automatic or manual updates at any time and without notice to you.
“15 Seconds of Fame,” “15SOF” and other marks used in the 15SOF Services are trademarks of 15SOF or its licensors, and are protected by state and federal trademark laws. All related product and service names, design marks and slogans are the trademarks or service marks of 15SOF, as are the “look” and “feel” of the 15SOF Services (including color combinations, layout, design and all other graphical elements). Other trademarks appear on the 15SOF Services with permission from their respective owners. Your unauthorized use of trademarks appearing on the 15SOF Services may constitute trademark infringement, which could subject you to substantial civil penalties.
IV. NO RELIANCE ON 15SOF SERVICES CONTENT
THIRD PARTY LINKS
ACCURACY OF MATERIAL
You understand and acknowledge that material and software published on the 15SOF Services, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that 15SOF is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the 15SOF Services may be changed or revised from time to time without notice.
INFORMATIONAL PURPOSES ONLY
Although the 15SOF Services may host a great deal of information that pertains to a variety of topics, such information is presented for general informational purposes only. It should not be taken as professional advice. If you need expert advice for a particular question (such as medical, legal, or financial issues), you should seek the help of a licensed or qualified professional in lieu of acting on any information, opinion, or advice contained on the 15SOF Services.
V. USER RESPONSIBILITIES & PROHIBITED CONDUCT
The 15SOF Services may be used only for lawful purposes. As one of the conditions of your use of the 15SOF Services, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the 15SOF Services for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls. Any and all information posted on the 15SOF Services by you must comply with all applicable international, national, state, and local laws, regulations, rules, and ordinances. It is your responsibility to ensure that your use of the 15SOF Services complies with the Terms and to request prior written permission from 15SOF for any uses not permitted or expressly specified in the Terms.
Certain features and areas of the 15SOF Services are available only with registration and login. If you are required to register and select a unique login and password (“Personal Credentials”), you must keep your Personal Credentials confidential, including taking appropriate measures to maintain their confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Credentials are personal to you and you may not allow any third party to use them under any circumstances. 15SOF is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Credentials. You must contact 15SOF immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Credentials, or otherwise wish to deactivate your Personal Credentials due to security concerns.
WEB SECURITY RULES
Users are prohibited from directly or indirectly violating or attempting to violate the security of the 15SOF Services, including, without limitation, the following:
- Accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Using any device, software, or routine to interfere with the proper operation of, or any activities conducted on, the 15SOF Services or engage in any other any conduct that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the 15SOF Services, including, without limitation, using any means, including overloading, “flooding”, “mailbombing” or “crashing;”
- Using malicious code, including but not limited to computer viruses, Trojan horses, corrupted data, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment;
- Forging any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the 15SOF Services; or
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the 15SOF Services other than the search engine and search agents available from 15SOF on the 15SOF Services and other than generally available third party web browsers (e.g., Internet Explorer, Google Chrome, Mozilla, Firefox, etc.).
Violations of website or network security may result in civil or criminal liability. 15SOF will investigate occurrences that may involve violations of the use of the 15SOF Services and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other person or persons who are involved in any violations of the use of the 15SOF Services.
VI. USER CONTENT
15SOF may allow you to upload, post, transmit or otherwise provide content to 15SOF 15SOF Services, including, but not limited to, photos, video, audio, comments, articles, blogs, forums, information, messages, software, communications and any other material in which you provide content to the 15SOF Services (collectively referred to as “User Content”). You represent and warrant that you own or otherwise control all of the rights to the content that you post and agree that you are solely responsible for your User Content and that your failure to comply with any of the Rules Governing User Content below will constitute a breach of these Terms.
15SOF does not assume an editorial role with respect to any User Content: To the extent that content is provided to our 15SOF Services by third parties or other users, 15SOF does not assume an editorial role. 15SOF does not assume any obligation to monitor or edit User Content nor does 15SOF take any responsibility for User Content. Similarly, 15SOF does not endorse any opinions expressed via the 15SOF Services by other users, business or advertisers, nor does 15SOF represent or guarantee the truthfulness, accuracy, or reliability of any User Content. Instead, 15SOF simply provides access to User Content that your fellow users have contributed and edited. Consequently, you agree that 15SOF has no responsibility for any User Content posted or transmitted via the 15SOF Services by others. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.
RULES GOVERNING USER CONTENT
In consideration for being allowed to post, upload or contribute User Content via the 15SOF Services, you agree that you will not:
- Disrespect the privacy and views of others;
- Use any service offered via the 15SOF Services to stalk or harass another;
- Use the 15SOF Services’ communications features in a manner that adversely affects the availability of their resources to other users (for example, continuous posting of repetitive or duplicative text);
- Use or provide User Content for commercial purposes (for example, the promotion of any specific goods or services);
- Post, transmit or send any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, telephone or postal solicitations or any other form of solicitation, such as opinions or notices, commercial or otherwise, via the 15SOF Services or to any of their users;
- Impersonate another person or entity or misrepresent your affiliation with a person or entity;
- Delete or revise any material posted by any other person or entity;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising, creating, or in any way making up a part of the 15SOF Services;
- Use or employ robots, spiders, Web crawlers, Webants, worms, wanderers, Web agents and other “bots” to visit the 15SOF Services that are not Standard for Robot Exclusion-compliant robots;
- Access the 15SOF Services by any means other than through the interface that is provided by us for use in accessing the 15SOF Services;
- Access or use the 15SOF Services in order to collect information about 15SOF Services visitors or registered users;
- Permit any other person to use your Personal Credentials to post or view User Content.
In addition, you agree that any User Content posted, uploaded or otherwise shared using the 15SOF Services will not:
- Be obscene, profane, sexually explicit, adult-oriented, vulgar, libelous, slanderous, defamatory, harmful, threatening, abusive, hateful, harassing, tortious, misleading, fraudulent, illegal or knowingly false or inaccurate, bigoted, racially, ethnically or otherwise objectionable, harmful to minors in any way;
- Encourage conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
- Infringe on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
- Violate the privacy or publicity rights of others;
- Support or provide resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- Delete any attributions, legal notices or proprietary designations or labels.
INTELLECTUAL PROPERTY RIGHTS OF OTHERS
As noted above, you may not use our 15SOF Services to transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws.
OUR RIGHTS REGARDING USER CONTENT
You grant to 15SOF a non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, distribute, reproduce, modify, adapt, publish, display, perform, translate, and create derivative works from your User Content in any media, now known or hereafter discovered, throughout the world.
15SOF does not assume any responsibility for the consequences of any User Content on the 15SOF Services. However, 15SOF shall have the right, but not the obligation, to monitor any User Content areas of the 15SOF Services to determine compliance with these Terms (including the Rules Governing User Content above) and any other operating rules that may be established by 15SOF from time to time.
15SOF reserves the right to record, re-purpose or re-publish User Content on its 15SOF Services, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to 15SOF and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content by you or of you (in whole or in part), including any use of your likeness, voice and other identifying characteristics, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, including for commercial reasons. For this reason, you should not transmit, post or send any User Content that contains any confidential, sensitive or nonpublic information. 15SOF does not guarantee that any personal information posted or transmitted will be prevented from being viewed, distributed, republished or otherwise used by any particular person.
YOUR RESPONSIBILITY FOR USER CONTENT
You agree to defend, indemnify and hold harmless 15SOF and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User Content or use by others of any User Content posted or uploaded by you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms.
VII. RETAIL TRANSACTIONS
CONSENT TO USE OF IMAGE OR LIKENESS
15SOF may offer sponsorships or for sale products containing images of you whether supplied by 15SOF, or its affiliates, licensors or content suppliers or by any user of the 15SOF Services (“the Images”). By downloading or using the 15SOF Services, You consent to the use of your image or likeness, including for commercial purposes solely for the benefit of third parties, and expressly represent and warrant that you have obtained written consent, release, and/or permission of every identifiable individual who appears in the Images to use such individual’s image or likeness. In the case where such identifiable individuals are under the age of eighteen (18), you expressly represent and warrant that you have obtained such written consent, release and/or permission from such individual’s parent or guardian.
When you make a purchase through a 15SOF Service, you agree to provide full and valid funding to complete the transaction. When you provide a funding instrument, such as a credit card, debit card, gift card, or other payment method to 15SOF, you expressly represent and warrant that you are permitted to use that funding instrument. When you fund a transaction, you authorize 15SOF or its designated payment processor to charge the full amount necessary to fund the transaction. You further authorize 15SOF to store and use that funding instrument and other related transaction information.
Though 15SOF endeavors to be as accurate as possible, 15SOF does not warrant that product descriptions or other content of any 15SOF Services are accurate, complete, reliable, or current. If a product offered by 15SOF is not as described, your sole remedy is to return it in an unused condition.
The price displayed for a particular item is the full retail price of the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.
With respect to any items sold by 15SOF, we cannot confirm the price of an item until you order. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
RETURNS, REFUNDS, TITLE
15SOF does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, 15SOF does not take title to the refunded item.
If you are in the EU, you consent to the performance of this contract for your purchase, and waive any Right to Cancel provided by the Consumer Rights Directive (2011/83/EU) or similar implementing regulations.
VIII. WARRANTIES, DISCLAIMERS & INDEMNITY
NO WARRANTIES BY 15SOF
YOUR USE OF THE 15SOF SERVICES IS AT YOUR OWN RISK. THE 15SOF SERVICES ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. 15SOF MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THESE 15SOF SERVICES SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. NEITHER 15SOF NOR ITS PARENT CORPORATION, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE 15SOF SERVICES OR THEIR OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. NO AGENT OR REPRESENTATIVE HAS THE AUTHORITY TO CREATE ANY WARRANTY REGARDING THE 15SOF SERVICES ON BEHALF OF 15SOF. 15SOF RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THE 15SOF SERVICES.
EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL 15SOF OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE 15SOF SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE 15SOF SERVICES, DELAY OR INABILITY TO USE THE 15SOF SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE 15SOF SERVICES, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO 15SOF OR ITS PARENT CORPORATION (IF ANY), AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, LICENSORS AND SUPPLIERS OR ANY OF THEIR SUCCESSORS OR ASSIGNS (COLLECTIVELY THE “RELEASED PARTIES”), SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE 15SOF SERVICES.
Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you.
You agree to defend, indemnify and hold the Released Parties harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the 15SOF Services, or any content, product or service offered through the 15SOF Services, in a manner that violates or is alleged to violate these Terms. 15SOF or other relevant Released Party shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
In certain (hopefully unlikely) circumstances it may be necessary for 15SOF to terminate part or all of our 15SOF Services, terminate these Terms, or suspend or terminate your account or privileges (see below).
DISCONTINUATION OF 15SOF SERVICES
15SOF reserves the right to suspend or end the 15SOF Services or any part thereof at any time, with or without cause, and with or without notice.
SUSPENSION OR CANCELLATION OF PRIVILEGES
15SOF reserves the right to terminate your privilege to use any or all of the 15SOF Services if it determines, in its discretion, that you have breached any of these Terms or any applicable law or that it is potentially harmful to our interests or the interests (including intellectual property or other rights) of another user or third party. Without limiting any available remedies or the procedures set forth in the Copyright Policy below, if 15SOF receives notice or has reason to believe, in its sole discretion, that you have posted User Content that infringes the rights of any other person under copyright, trademark, privacy, or publicity, or otherwise, 15SOF may terminate your access to the 15SOF Services, including all of your privileges or user accounts that you may have established in connection with the 15SOF Services.
Termination by User
You may cancel your account at any time. Upon cancellation of your account 15SOF shall no longer be obligated to store any images associated with your account and they may become immediately inaccessible to you. 15SOF will remove any images associated with your account within 12 months of your request to terminate your account.
Retention of Images Associated with Your Account
Within one year of cancellation of your account for any reason, 15SOF will delete all images stored in your user account. If you choose to reopen your account or open a new account (if such re-registration is permitted), you will be required to upload a new registration photograph. Upon completion of any subsequent registration, the 15SOF Services shall operate in accordance with the terms then in effect.
X. COPYRIGHT POLICY
15SOF takes the intellectual property rights of others very seriously. If you believe your work has been copied in a way that constitutes copyright infringement, please follow our Digital Millennium Copyright Act Notice and Procedures [[hyperlink]] for making claims of copyright infringement. Please understand that not all unauthorized copying constitutes copyright infringement. If you are unsure of your rights, it may be beneficial to seek the advice of counsel prior to proceeding under this Policy.
We hope that no serious disagreements arise involving you, but, in the event there is a dispute, our goal is to provide you a neutral and cost effective means to resolve it quickly. Accordingly, you agree that, if a dispute arises between you and 15SOF, you will first contact 15SOF customer service to describe the problem and seek a resolution. You may contact customer service using any of the following means:
We hope that no serious disagreements arise involving you, but, in the event there is a dispute, our goal is to provide you a neutral and cost effective means to resolve it quickly. Accordingly, you agree that, if a dispute arises between you and 15SOF, you will first contact 15SOF customer service to describe the problem and seek a resolution. You may contact customer service using any of the following means:
- Online – Email at: firstname.lastname@example.org
- By Telephone – (855) 815-FAME
- By U.S. Mail – 15 Seconds of Fame, Inc. , 461 Park Avenue South, 9th Floor, New York, NY 10016
If that does not resolve the issue, then you and 15SOF agree to the following methods to resolve any dispute or claim between us. First, as set forth below, you agree that the Terms are governed by the law of the State of New York, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree, as also set forth below, to unconditionally and irrevocably submit to the mandatory and exclusive personal jurisdiction and venue of the state or federal courts located within New York County, New York for the purpose of litigating all such claims or disputes. You agree that you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS. 15SOF reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.
Any arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (collectively, “AAA Rules“). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879. YOU AND 15SOF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and 15SOF agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Southern District of New York or any State court located in New York County, New York.
Notwithstanding the foregoing, this arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms.
Any dispute resolution proceedings, whether in arbitration or court, shall be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member of a class, consolidated, representative or private attorney general legal action. Your access and continued use of the 15SOF Services signifies your express consent to this waiver.
As noted above, these Terms and all matters regarding your use of the 15SOF Services shall be governed by, construed in accordance with, and enforced under the laws of the State of New York applicable to contracts made and executed and wholly performed in the State of New York, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods shall apply and their applicability is expressly excluded.
If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in New York County, New York. You also agree that the laws of the State of New York and, to the extent applicable, the laws of the United States of America will govern these Terms, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in New York County, New York, in any legal action or proceeding relating to us, the 15SOF Services, or these Terms.
To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of the 15SOF Services or these Terms must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).
The 15SOF Services are controlled and operated by 15SOF from its principal office in the State of New York, United States of America. 15SOF makes no representation that materials on the 15SOF Services are appropriate or available for use in other locations. Those who choose to access the 15SOF Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The 15SOF Services are not intended to subject 15SOF to the laws or jurisdiction of any state, country or territory other than the State of New York and the United States of America.
When you use the 15SOF Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as by email, text message, push notification, or by posting messages to the 15SOF Services. You agree that all communications that we provide you electronically satisfy any legal requirement that such communication be in writing.
When you use any mobile applications (“apps”) as part of the 15SOF Services, you may grant certain permissions to us for your device. Most mobile devices provide you information about these permissions. Please check the “settings” or other feature of your specific phone for more information.
A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to use of the 15SOF Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.
XIV. SUBPOENA POLICY
15SOF reserves the right to refuse to release account information relating to users of its 15SOF Services (“Website Users”) except upon the proper service of valid and enforceable legal process, such as a search warrant, subpoena or court order. If you are seeking such identity or account information in connection with a civil legal matter you must serve 15SOF with a valid and enforceable subpoena. This information can only be obtained by a properly issued subpoena served upon our registered agent:
15 Seconds of Fame, Inc.
United Corporate Services, Inc.
874 Walker Rd, Suite C; Dover, DE 19904
In addition to serving our registered agent, sending an electronic version of the subpoena and related documents by email to email@example.com will often result in a more timely response.
Subject to the subsection entitled Objections below, in most instances, 15SOF will comply with lawfully and properly issued federal and state government subpoenas (judicial or administrative) to the extent that they are not unduly burdensome or unreasonably invasive of our Website Users’ privacy. The subpoena should be narrow in scope and identify the specific account information requested, the Website User’s alias or user name (i.e., pseudonym) and sufficient information to identify the Website User Content or other information subject to the subpoena. If the issuing officer does not wish the named Website User account(s) to be notified prior to production, the subpoena should specify that it is issued pursuant to a confidential or criminal investigation.
Subpoenas for Website User account information must be issued by or domesticated through a court having personal jurisdiction over 15SOF. 15SOF’s Registered Agent is located in Dover, DE. Generally, 15SOF reserves the right to decline to release account information concerning a Website User (including information necessary to identify such Website User) unless the party seeking the information demonstrates that it has filed a bona fide legal action against the Website User arising out of tortious or actionable conduct using the 15SOF Services and that the information requested is relevant and material to such action or if such information is part of a law enforcement investigation. In other words, 15SOF reserves the right not to produce Website User account information based on subpoenas merely designed as part of a “fishing expedition.” In addition, 15SOF reserves the right not to produce identifying information in the absence of demonstration by the party seeking such information of satisfaction with the applicable standards for identifying anonymous speakers in like cases and 15SOF reserves the right to request a copy of the relevant pleading and such other supporting documentation as it may deem appropriate in evaluating the sufficiency of such showing.
We reserve the right to object to subpoenas that include overly broad demands such as “all information” (as doing so typically would be a violation of federal and state law), as well as to subpoenas that we deem objectionable on any other grounds, including those set forth in the relevant procedural rules or issuing regulations.
Upon receipt of a subpoena and initial review of its legal sufficiency, 15SOF will attempt to notify the Website User(s) whose account information is being sought. Any subpoena should allow a minimum of twenty (20) days in order to allow named Website User the opportunity to move to quash the subpoena.
To defer the cost to 15SOF of compliance, payment of the following minimum fees is required for all subpoena, court order and search warrant requests, except for child pornography or endangerment investigations. An estimate of fees will be provided prior to commencement of production. 15SOF reserves the right to require payment in advance of preparation of production materials.
- Basic account information ($50 per account)
- Basic account information – expedited handling ($75 per account)
- Development or programming required to comply with extraordinary production requests ($125/hour)
- 15SOF legal counsel, if required ($150/hour)
- Courier charges (actual cost incurred)
Pursuant to 18 U.S.C. § 2706, 15SOF reserves the right to require payment by a “governmental entity obtaining the contents of communications, records, or other information… a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching for, assembling, reproducing, or otherwise providing such information. Such reimbursable costs shall include any costs due to necessary disruption of normal operations of any electronic communication service or remote computing service in which such information may be stored.”
15SOF will apply this Subpoena Policy to any particular subpoena in its sole discretion. This Subpoena Policy does not create any enforceable legal rights, either for Website Users or for requesting parties and there are no intended or incidental third party beneficiaries to this policy.
Copyright©2015-2017, 15 Seconds of Fame, Inc. All rights reserved. Any rights not expressly granted herein are reserved.