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This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: Feb. 5, 2011.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with Fixoodle. By using or accessing Fixoodle, you agree to this Statement.
Sharing Your Content and Information
You own all of the content and information you post on Fixoodle, and you can control how it is shared through your privacy and application settings. In addition:
For content that is covered by intellectual property rights, like posts, fixes, photos, and videos ("IP content"), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Fixoodle ("IP License"). This IP License ends when you delete your IP content unless your content has been shared with others, and they have not deleted it.
By nature, our IP content is different than most because our content is meant for sharing with others for the goal of education and learning. As such, once you make a post, you cannot delete it. However, you may change the privacy settings to hide your original post from other groups of users going forward. Fixes are edited copies of your post and contain the full content of your post at the time another user fixes it. Any fixes that are associated with your post will inherit the privacy settings of your post. These privacy settings can be changed at any time. However, the user who creates a fix will always have view permissions regardless of the privacy settings of the original post.
When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Fixoodle, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Fixoodle, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Fixoodle safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on Fixoodle.
- You will not collect users' content or information, or otherwise access Fixoodle, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Fixoodle.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on Fixoodle without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
- You will not use Fixoodle to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Fixoodle, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
Fixoodle users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Fixoodle, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use Fixoodle if you are under 13.
- You will not use Fixoodle if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Fixoodle that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Fixoodle if we believe that it violates this Statement.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including Fixoodle, the Fixoodle logos), or any confusingly similar marks, without our written permission.
You will not post anyone's identification documents or sensitive financial information on Fixoodle.
You will not tag users or send email invitations to non-users without their consent.
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on Fixoodle within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Fixoodle, as well as your name and profile picture.
When you make payments through Fixoodle, you agree to these Payments Terms.
When you confirm a transaction on Fixoodle, you agree to be bound by and pay for that transaction. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying. Don't commit to a transaction unless you are ready to pay, because all sales are final. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. Even though we use terms like "purchase," "buy," "sell," and "order" to talk about transactions related to virtual gifts and credits, we don't transfer an ownership interest in those items. For example, the virtual gifts we make available through our gift shop are licensed to you, not sold. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH FIXOODLE.
We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
Purchasing and Using Credits
You may purchase credits from Fixoodle to purchase virtual goods, priority for translations, or to send gifts or special messages to other users. When you purchase or receive credits, you do not own the credits. Rather, you receive a limited right to use such credits in connection with certain features on Fixoodle, such as the purchase of a virtual gift or translation.
Purchases of credits are non-refundable.
You will not sell credits to anyone, or transfer them to anyone outside of Fixoodle. We may change the purchase price for credits at any time as well as the ways that you can use or transfer credits. We also reserve the right to stop issuing credits. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing. If you leave a balance of credits unused for three years, we may redeem those credits by sending virtual gifts to your Fixoodle friends or donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions). If you deactivate your account and do not reactivate it within 6 months, or if you delete your account, you will lose any accumulated credits. If we deactivate your account and you do not meet any conditions necessary to reinstate it within 6 months, we may redeem those credits by donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions). If you receive free or promotional Credits, we may expire them at any time. Actions We May Take As part of our effort to keep Fixoodle safe, we may take certain actions to reduce liability for users and us. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. We may cancel any transaction if we believe the transaction violates these Payments Terms or the Statement of Rights and Responsibilities, or we believe doing so may prevent financial loss. We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss. We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law. We may cancel any credits transferred, assigned, or sold in violation of these Payments Terms or the Statement of Rights and Responsibilities. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
Disputes and Reversals
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent. We may intervene in disputes between users concerning payments but have no obligation to do so. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
Special Provisions Applicable to Advertisers
When you purchase advertising on or through Fixoodle, you agree to pay all amounts specified in the order, along with any applicable taxes. You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account. You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads. Without limiting the above, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so.
Notices and Amendments to These Payments Terms
We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent. The Payment Terms in place at the time you confirm a transaction will govern that transaction. We may change these Payment Terms, in whole or in part, even though the changes may affect accumulated credits.
All of the commitments you make in the Fixoodle Statement of Rights and Responsibilities apply to payments through Fixoodle. If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them. Some countries may restrict or prohibit your ability to make payments through Fixoodle. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws.
About Advertisements and Other Commercial Content Served or Enhanced by Fixoodle
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you.In order to do that, you agree to the following:
We may share general demographic information (such as aggregated statistics about members' interests and occupations) and non-personally identifiable information (such as browser type and IP addresses) with advertisers and partners. We do not give advertisers access to your individual personal account information. However, by selecting, interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad. We do not share any personally identifiable information with advertisers.
Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on Fixoodle. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
Your ads will comply with our Advertising Guidelines.
We will determine the size, placement, and positioning of your ads.
We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads.
Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
We can use your ads and related content and information for marketing or promotional purposes.
You will not issue any press release or make public statements about your relationship with Fixoodle without written permission.
We may reject or remove any ad for any reason.
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
You warrant that you have the legal authority to bind the advertiser to this Statement.
You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
We can change this Statement if we provide you notice (by posting the change on the Fixoodle Site Group Page) and an opportunity to comment.
For changes to sections relating to payments and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such comments must be made on the Fixoodle Site Group Page.
If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Fixoodle to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Fixoodle exclusively in a state or federal court located in Iowa. The laws of the State of Iowa will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Iowa City, Iowa for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content or information on Fixoodle, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP FIXOODLE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FIXOODLE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FIXOODLE WILL BE SAFE OR SECURE. FIXOODLE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FIXOODLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FIXOODLE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FIXOODLE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Fixoodle (such as advertising or payments) or operate a Platform application or website.
By "Fixoodle" we mean the features and services we make available, including through (a) our website at www.fixoodle.com and any other Fixoodle branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Fixoodle or provide data to us.
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on Fixoodle that would not be included in the definition of "information."
By "data" we mean content and information that third parties can retrieve from Fixoodle or provide to Fixoodle through Platform.
By "post" we mean post on Fixoodle or otherwise make available to us.
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into Fixoodle at least once in the previous 30 days.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
References to “us,” “we,” and “our” mean Fixoodle. This Statement makes up the entire agreement between the parties regarding Fixoodle, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights. You will comply with all applicable laws when using or accessing Fixoodle.