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TERMS OF USE FOR FAT IS BEAUTIFUL INC. SERVICES
THIS AGREEMENT WAS LAST UPDATED ON MAY 1, 2008
When you sign up for any service within the Fat is Beautiful Inc.® group of communities (i.e. Fat is Beautiful Inc.) you agree to all of the terms and conditions of this Agreement.
Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register. By using the Service after MAY 1, 2008 you are agreeing to be bound by this Agreement, including all amendments made to date.
User Agreement
This Agreement constitutes your agreement with Fat is Beautiful Inc. Corp. ("Fat is Beautiful Inc.") with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means Fat is Beautiful Inc. or any successor or assign of Fat is Beautiful Inc..
Once the registration process is finished, your membership is activated and you are by contract committed with FatisBeautiful.com within the framework of the supply for the service of meeting on line ("Service").
Right to Use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. If you are a non-resident of Canada then your right to access the Services, and in particular log-in or access any database, is limited and restricted to a location situated outside of Canada. Any use of a database by a non-resident of Canada from a location within Canada is expressly prohibited.
Adult
This Internet site is reserved to the sole use of adults. If you are less than 18 years, you are not authorized to use this site, and you will not have access to any of the functionalities of the site that allow our users to transmit information to us, or to share information with the other users of this site.
You represent, warrant and covenant that you are at least 18 years old.
Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
1) you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
2) you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
3) you will not forward chain letters through the Service;
4) you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
5) you will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which
i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
ii. is fraudulent, misleading or otherwise unlawful or violates any law;
6) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
7) you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, Fat is Beautiful Inc. systems or to other members' systems in any way; and
8) you will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.
Advertising
Unless you indicate on your Preferences page that you do not want to participate in such programs, you agree to grant Fat is Beautiful Inc. a license for the right to use your images*, text* or recordings* on our partners' sites or in the marketing of the Service.
*Excludes any pictures, text, or recordings assigned to your backstage. Excludes your personal information, such as your email address or full name. Read our privacy policy.
Membership Categories
Users of the Service may become "Guests", "Free Members" or "Full Members" of the Service. Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. Free Members are allowed to access more features of the Service than are Guests, but are not allowed access to all of the features that Full Members are allowed to access. Free Members are not charged by us for the features they can access. Full Members are provided with access to additional features of the Service that are not available to Guests or Free Members. Full Members are not charged by us for the features that are free to Free Members. Certain additional features of the Service made available to Full Members are also free of charge. Certain other features of the Service are "paid features", for which a Full Member is charged.
Fees and Payments
1) A Full Member receives a subscription giving access to the "paid features" of the Service. Subscription Members will be able to send unlimited e-mails and instant messages for as long as the Subscription remains active.
2) In order to purchase a Subscription, you may make an online charge to a credit card account in accordance with our pricing policy for Subscriptions as posted on the Service from time to time.
3) A Subscription is valid from the time of payment. Once purchased, and unless cancelled, Subscriptions automatically renew, as the case may be, and are charged to the credit card originally used to purchase the Subscription.
4) Subscriptions may be cancelled at any time prior to the end of your membership period, as the case may be, by contacting us at support@fatisbeautiful.com. Cancellation will be effective as of the next billing date as long as notice is given at least 24 hours prior to the end of the applicable period.
5) If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused Subscription time is automatically and immediately forfeited.
6) THE PURCHASE OF A SUBSCRIPTION IS NON-REFUNDABLE. Once purchased the Subscription has no monetary value and only entitles you to use of paid features on the Service for the Subscription Period based on your selected subscription. In addition to paying the published price, the purchaser is responsible for paying all applicable taxes in connection with the purchase of the Subscription. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion.
7) You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes1) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
Taxes
Fat is Beautiful Inc. is a Quebec Company with operations based in Quebec, and as such we are required to charge a Goods and Services Tax ("GST") on any purchase of Fat is Beautiful Inc. Services made by a Canadian resident. Fat is Beautiful Inc. will charge and collect GST on any purchase made from a Canadian credit card, drawn on a Canadian account and/or from a Canadian location or address.
Taxes Privacy and Use of Information
By using the services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.
You may not use the Service for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through the Service.
Monitoring of Information
We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.
Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
In the event of failure with one or more of the stipulations of the General Conditions, we can take sanctions which will be proportioned with your failure. We can for example block your account, remove prohibited contents or prevent the publication of whole or part of your profile. We can also block your access to whole or part of the Service, whether it is in a permanent or temporary way.
Fat is Beautiful Inc. can deactivate the accounts of the members who do not use the Service for a six month period or more (the starting point of this time being the date of the last connection to the Service), unless those members do not remove their subscription and for which they continue to pay the fees of their subscription.
The General Conditions are applicable for you as long as you are member of the Service. You can cancel your inscription within 7 day as from the acceptance of the offer of Service, materialized by your agreement of these General Conditions, without it being necessary to state reason, by sending a written notification (for example, by mail, fax or email). The notification of termination must be sent to the following address:
Fat is Beautiful Inc. Inc.
5555, Westminster, suite 406
Côte Saint-Luc (Québec)
H4W 2J2
Office #: (514) 313-3444
Fax #: (514) 481-1137
The right of termination cannot be exerted if the execution of the Service started before the end of the time of 7 clear juridical days termination frank.
You are registered for one initial period selected on the Site, the initial period minimum of subscription being of one (1) month. With the exit of the initial period that you chose, your subscription is automatically renewed on a monthly basis. You can cancel your subscription constantly, for some reason that it is, but your subscription will be maintained until the end of the period for which you paid before your cancellation. If you cancel your subscription by oral examination, we ask you, for reasons of safety, to confirm this written cancellation or by the means of an email. You can contact us with the address stated hereafter or send an email to us to support@FatisBeautiful.com.
Proprietary Information
The Service contains information which is proprietary to us our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. For additional information, please refer to our Legal Section.
No Responsibility
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time and you may stop using the Service at any time.
Security
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
External Links
The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.
Indemnity
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
No Warranties
The Service is distributed on an "AS IS" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Fat is Beautiful Inc., our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Fat is Beautiful Inc. or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Advice Columnists
The Service may from time to time include messages from advice columnists who respond to "relationship" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counsellor with respect to such issues.
Modifications
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Fat is Beautiful Inc. related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
Governing Law
This Agreement is entered into in Quebec, Canada. You agree that it will be governed by the laws of the Province of Quebec and any disputes arising out of this Agreement will be subject to the courts of the Province of Quebec and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.
Assignment
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Fat is Beautiful Inc. has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Fat is Beautiful Inc., if Fat is Beautiful Inc.'s obligations hereunder are assumed by a third party, Fat is Beautiful Inc. shall be relieved of any and all liability under this Agreement.
Fat is Beautiful Inc. Privacy Statement
THIS AGREEMENT WAS LAST UPDATED ON MAY 1ST, 2008.
FAT IS BEAUTIFUL INC. RECOMMENDS TO YOU TO SHOW A GREAT PRUDENCE WHEN YOU EXCHANGE PRIVATE INFORMATION WITH THE OTHER USERS OF THIS SITE. Your safety counts very much to us. The nature of this site encourages the exchange of information between users. Fat is Beautiful Inc can not guarantee that to enter in relation to the other Net surfers is without danger. The current state of technology allows certain Net surfers to obtain private information on other users, using very little information. For example, it is possible that using largely widespread engines enables you to obtain the address of an individual, starting from his only name. If you have the impression that a user of the site badgers you or uses information concerning you for illegal ends, we encourage you to contact the authorities, then to contact us with complaints@FatisBeautiful.com so that we can take the necessary measurements and prohibit their access to the site and their wrongful use of information collected on this site.
IF YOU ARE LESS THAN 18 YEARS, BUT YOU STILL HAVE ACCESSED THIS SITE BY PROVIDING US WRONGFULL INFORMATION, NOT ONLY DO YOU VIOLATE THE CONDITIONS OF USE OF THIS SITE, BUT EVEN MORE SO YOU ENDANGER OTHER USERS AND YOURSELF.
Fat is Beautiful Inc. is firmly committed to privacy. The following discloses our information gathering and dissemination practices for this website.
The protection of your privacy being very important, we have adopted the following practices to safeguard the confidentiality of your personal information. We will notify all registered users via email of any material change to this Privacy Statement, unless you have opted-out of receiving email from us. From time to time, changes to this Privacy Statement will also be communicated on this site.
Information gathered automatically from visitors:
We use your IP address (the series of numbers associated with your individual computer) to help us maintain our site and identify problems with our server. Your IP address does not disclose any personally revealing information about you.
We do use cookies to identify traffic that comes through advertising and to facilitate a more user friendly experience. Cookies are small pieces of information that a web site places on your computer's hard drive so we know it's you when you visit. This helps us to create a personalized experience for you when you visit our site. The use of cookies is a very common practice on the Internet. If you are uncomfortable with this, you can disable all cookies through your browser settings. Your enjoyment of our site won't be affected if you have set your browser to reject cookies.
Information that we will ask you to supply:
When you register to use any Fat is Beautiful Inc. service you will be asked for some general identifying information which will enable us to provide you with this individualized service. We gather contact information (like your email address), demographic information (like your city of residence or age). We may share some of this information for our own research purposes with our professional advisors or consultants and third party partners, however the information shared will be limited to non-personally identifying demographic information shared under cover of a confidentiality agreement. If you choose to become a Full Member, we collect financial information (like your credit card number and expiry date). We will only use this information in the course of
providing our service to you.
Once you have registered, you will be given the option of creating a pseudonymous profile (nickname and personal description) within any of our communities where your gender is applicable. Depending on which community you choose, you will be asked for some personal but non-identifying information to complete your profile (i.e. whether you have dependants, height, body type, race, religion, whether you smoke, etc). This information is not linked in any way to your personally identifiable information, for other members to see. Obviously, if you provide us with a photograph or video some of your information may become personally identifiable information.
How this information will be used and who has access to it:
If you choose to have them sent to you, we may use your contact information to send you valuable updates and timely notices of promotions and mailbox status reports. Our site provides you with the opportunity to opt-in to receiving different types of communications from us at the point where we request registration information. You may modify this choice at any time by selecting "Preferences" from the member home page. We reserve the right to use your contact information at any time to advise you of any updates that may materially affect your rights or status on our site.
Your non-personally identifying demographic information is used to personalize your experience, allow other members to find you through a search, allow us to forward you further search results, to compose your personal profile - which is associated with a pseudonymous identity you have created - and to deliver targeted advertising and promotional offers to you from us and from external companies that are of the highest relevance to your demographic profile. Fat is Beautiful Inc. promotional offers and service information may be sent to your contact email from time to time as well as to your Fat is Beautiful Inc. mailbox. In respect of all other promotions, only your Fat is Beautiful Inc. mail box, and not your contact email or other contact information may be made available to other members or organizations unless you have initiated or opted in to receive information or emails from the member or organization.
In the event that you decide to become a Full Member of Fat is Beautiful Inc. community, you will be asked for your financial information (like credit card number) which cannot be read by others when you initiate your order through a secured system. You will know you are in secure mode when the tiny padlock icon - located at the bottom of your
browser - appears "locked".
The personally identifiable information we collect from you is used for internet review and to improve the content and functionality of our web server or customize the layout of our pages for each individual member. Additionally, we may, from time to time, use this information to identify other members that fit your search criteria and to contact you with the profiles of those members or to provide other members with your profile. The specific information we collect is not shared with other organizations and we will never release your personally identifiable information to an external organization without your prior consent except for the purposes of validating credit information and collecting debts. We may disclose your personally identifiable information if we reasonably believe we are required to do so by operation of law, which may include, but is not limited to a judicial proceeding, court order, or legal process served on
Fat is Beautiful Inc..
Although Fat is Beautiful Inc. makes use of up to date technology in order to protect your pictures and video recordings from being copied or captured by unauthorized third parties, please keep in mind that we cannot ensure complete protection. When we use your pictures in our service or our marketing materials we include the Fat is Beautiful Inc. logo to serve as notice to third parties not to copy or use the pictures. The presence of this logo, or watermark does not in anyway imply copyright or other proprietary rights in and to the picture by Fat is Beautiful Inc. and is merely provided to discourage the unauthorized use of the picture.
How long we keep the information you’ve given to us:
We keep the information you have given us for as long as you are a member on the site or for as long as we are required to do so by law, which ever is longer..
Changing the information you’ve already given to us:
You can always verify or request the removal of the personally identifiable information we have collected and change your registration information by selecting "My Account"
from the main menu on the site.
Any such request may also be made by contacting the Fat is Beautiful Inc. Privacy Officer at the co-ordinates listed at the bottom of this page.
Monitoring online behaviour:
Our members communicate with each other through instant messages and onsite mail. While we do not, as a rule, moderate or monitor members' private exchanges, we reserve the right to do so if we suspect users of being under 18 or of using our service for the purpose of solicitation or any other violation of our terms of use or Privacy Statement. Member submissions that appear on the public area of the site are moderated and, if necessary, we reserve the right to edit, delete, remove or not use any communication on a
public area of the site.
Members may choose to participate in community polls. The results of these polls are tracked by gender only and do not reveal any personal identifiable information linked to the individual voters.
Security features:
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). SSL is the leading security protocol on the Internet, it ensures that information being transferred over the network is private through a process called encryption. Once encrypted the information is an unintelligible code until it is decoded upon arrival at the authorized destination.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal
information, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can contact us at the co-ordinates listed below.
Cookies
Like the majority of Internet sites, this Site uses cookies in order to keep the trace of your purchases and your other activities on the Site and to improve your experience of the Site. We also use cookies in order to provide you specific contents corresponding to your interests, to preserve your password, and if you wish to store other personal and financial information to avoid you having to enter them again each time you visit the Site. The third party advertisers present on the Site can also place cookies on your navigator, or to read those which are already on your navigator. If you wish it, the icon "help", which is in the tools bar of the majority of navigators, will explain you how to deactivate these cookies. However, if you configure your navigator so that the cookies are deactivated, there is a possibility you might not reach certain spaces of the Site.
Advertisers
When you inquire about advertising opportunities on our site, you will be asked for contact information and information related to your advertising objectives. This information will be used to provide you with the business information you are seeking. Your information is only shared with internal staff and the external ad representation agencies that sell media space on the site, on our behalf. Fat is Beautiful Inc. sites may contain links to other sites not affiliated with Fat is Beautiful Inc.. Please note that these other sites may have privacy policies that differ from those of Fat is Beautiful Inc.. We have no control over any personal information that you provide to these sites.
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
Associates
When you register to become an Associate of our site, you will be asked for contact information and information related to your site. Your information will only be used by internal staff and will never be shared with anyone external to the company other than our advisors and representatives without your consent, unless required to do so by operation of law. Your information will be used to secure your approval as an Associate, to facilitate communication between our two sites and to send you payment, based on your site's performance.
Contacting us for privacy issues ONLY
Fat is Beautiful Inc. Inc.
5555, Westminster, suite 406
Côte Saint-Luc (Québec)
H4W 2J2 |
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