Welcome to FMTC.co, a service provided to you by FMTC (“FMTC”, “we” or “us”). These Terms of Service apply only to the web site and service located at www.FMTC.co (the “Service”).
YOUR ACCESS AND USE OF THE SERVICE IS SUBJECT TO YOUR COMPLIANCE WITH: (1) THESE TERMS OF SERVICE, (2) THIRD PARTY AGREEMENTS TO WHICH YOU ARE SUBJECT (AS DESCRIBED BELOW) AND (3) ALL APPLICABLE LAWS, RULES AND REGULATIONS.
BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, YOU MAY NOT USE ANY PORTION OF THE SERVICE.
WE RESERVE THE RIGHT TO UPDATE OR CHANGE THESE TERMS OF SERVICE AT ANY TIME BY POSTING SUCH CHANGES ON THE WEB SITE. YOUR CONTINUED USE OF THE SERVICE AFTER WE POST ANY CHANGES SIGNIFIES YOUR AGREEMENT TO ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THESE CHANGES, YOU MUST STOP USING OR ACCESSING THE SERVICE.
Overview of Service: This Service enables you to subscribe to a collection of affiliate marketing links (the “Links”) through an electronic feed. You are only permitted to use Links if you have separately entered into and have a current binding contract with (i) the marketer whose products or services are sold through such Links (the “Marketer”) and the affiliate marketing network through which such Links are promoted (the “Affiliate Network”) or (ii) Skimbit Ltd. (“Skimlinks”) for each such Link. Notwithstanding the foregoing, you may not sublicense use of the Service to any third party without FMTC’s prior written consent, in which case you shall be solely liable for the acts and omissions of such sublicensees and shall ensure their compliance with this Agreement. While FMTC will make reasonable efforts to update the Links and the Service on a regular basis, FMTC reserves the right to remove Links from the Service at any time without prior notice and does not guaranty that any number of Links will be included in the Service or that updates will be made to the Service at any specific time. You acknowledge that outdated Links or other errors with your content may result in negative impressions of Marketers, you and FMTC. Therefore, you agree to regularly and within a reasonable period of time (but no later than 24 hours) keep all publicly-accessible Links current and up-to-date with the latest information from the Service. FMTC may suspend your use of the Service, or terminate this Agreement for breach, for a failure to update the Links as set forth herein.
Permitted Use of the Service: You may use the Service solely for your own personal use and in strict compliance with these Terms of Service. Payment for the Service is on a per-site basis. Therefore, you may only use the Service in connection with one web site for which you have paid FMTC, unless we have otherwise accepted payment from you and authorized your use of the Service on more than one web site.
Fees: All fees for the Service are set forth on the web site or in these Terms of Service. By completing the payment information, you authorize FMTC to charge the appropriate fees to your designated credit card or other method of payment. If any of your billing information changes (e.g., new credit card number or new address, etc.), you must update that information on the billing page of the Service. By providing FMTC with updated or replacement billing information, you authorizes FMTC to charge any amounts that were uncollected due to outdated, inactive or otherwise un-usable billing information. Except as expressly set forth in these Terms of Service, all fees are non-refundable.
Marketer and Affiliate Network Terms: By using the Links, you represent and warrant to us that you have entered into a binding contract with the applicable Marketer, Affiliate Network and/or Skimlinks. If your contract with any Marketer, Affiliate Network and/or Skimlinks ceases, then you must cease using the Links applicable to such Marketer, Affiliate Network and/or Skimlinks. You may only use the Links in strict compliance with the terms and conditions of the applicable Marketer, Affiliate Network and/or Skimlinks. You acknowledge that we are under no obligation to monitor or confirm your relationship with the Marketers, Affiliate Networks and/or Skimlinks, and that compliance with their terms and your agreement is solely your responsibility. We make no representations or warranties regarding your authority to use the Service in connection with such agreements. Upon request from a Marketer, Affiliate Network or Skimlinks, FMTC may remove a Marketer or any Links from the Service without prior notice.
Acceptable Use Policy: You shall comply with the terms of the Acceptable Use Policy (“AUP”), set forth below. FMTC may update the AUP at any time. If you become aware of any violation of the AUP by any user, you must immediately contact FMTC at email@example.com and give FMTC as much information as possible regarding such violation. FMTC may refer any information on illegal or fraudulent activities, including your identity, to the proper authorities, to the Marketers, Affiliate Networks, Skimlinks or to other aggrieved parties.
Solely by way of example, you may not:
- generate, manipulate or otherwise produce or induce fraudulent clicks, impressions or transactions, including but not limited to using scripts, spyware, robots or other automated tools and/or computer generated requests;
- use the Service or the Links with any toolbars or downloadable software, unless you have ensured that all end users of toolbars or downloadable software (i) have expressly opted-in to the installation of such items, (ii) have been provided with clear and unambiguous disclosures regarding the operation of such items prior to installation and (iii) are provided with clear and unambiguous disclosures regarding how to easily and quickly uninstall the items at any time;
- use the Service or the Links in any way in violation of the terms, conditions, policies or guidelines of any third party service or website;
- bid on FMTC names or trademarks for search engine marketing or similar purposes;
- use the Service or the Links in any way in connection with content which violates or infringes upon the intellectual property, personal or proprietary rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets or confidentiality obligations;
- use the Service or the Links in any way in connection with content which may be threatening, libelous, defamatory, obscene, scandalous or inflammatory or that could otherwise violate any other applicable law;
- use the Service or the Links in any way to modify or overlay a third party website without permission of such website;
- use the Service or the Links in any way in connection with content which may be adult in nature (such as pornography), gambling related, nutraceutical related (i.e., acai berry) or “get rich quick” schemes.
- use the Service or the Links in any way in connection with content which may be false, misleading or deceptive;
- use the Service or the Links in any way in connection with content which promotes goods or services that are illegal in any jurisdiction where the Link is displayed; or
- engage in any other illegal or fraudulent, misleading or deceptive business practice under the laws of any jurisdiction where you are located or the Link is displayed or any other conduct that FMTC or any Marketer, Affiliate Network and/or Skimlinks determines may otherwise result in legal liability.
If you become aware of any violation of this Acceptable Use Policy by any user, you must immediately contact us at firstname.lastname@example.org and give us as much information as possible regarding such violation.
No Spam: You may not use the Service or the Links to transmit any unsolicited messages (whether through email, SMS, social media or any other electronic medium) to any recipient from whom you have not received prior demonstrable consent or in a manner with violates any law or obligation regarding the transmission of email messages. In addition, you may not use or develop any automated process to transmit messages through use of the Service or the Links.
Unauthorized Use of the Service: Except as authorized by FMTC, you may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Service. You may not resell use of, or access to, the Service to any third party.
The information contained within the Service has been collected at great time and expense to FMTC, and you acknowledge that this information constitutes the valuable property and trade secrets of FMTC. You agree not to use access to the Service, or the information contained therein, to compete with FMTC or assist any other party to compete with FMTC or damage FMTC’s business. You agree to keep all non-public information, including the unique collection of information available on the Service, strictly confidential and to only use such information in connection with your permitted use of the Service. The parties acknowledge that the restrictions contained herein are reasonable, but agree that if any court of competent jurisdiction shall hold such restrictions unreasonable as to time, activities, or otherwise, such restrictions shall be deemed to be reduced only to the extent necessary in the opinion of such court to make them reasonable. Both parties acknowledge and agree that, in the event of a breach of this section, FMTC will suffer irreparable harm and that FMTC will be entitled to injunctive or other equitable relief without prejudice to any of FMTC’s other rights and remedies.
Termination of Access: In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. We may also choose to change, suspend or terminate the Service in general at any time without notice. If we terminate your account for no reason, we will refund to you any pre-paid portion of your membership fees that have not yet been used. No refunds will be permitted if you have violated these Terms of Service. In addition, we may refer any information on illegal or fraudulent activities, including your identity, to the proper authorities or to the Marketers and Affiliate Networks. You can terminate your account at any time upon thirty (30) days prior written notice by contacting us at email@example.com and notify us of your desire to terminate your account. Such termination by you will be applicable upon the next full billing cycle, but no previously paid fees will only be refunded to you at our discretion.
Effect of Termination: Upon termination of your account for any reason, you must cease using the Service. However, subject to your agreement with the Marketer(s), Affiliate Network(s) and/or Skimlinks, you may continue to promote offers that were contained within the Service, though FMTC will no longer be involved in maintaining such data. The provisions of the following sections shall survive the termination of these Terms of Service, in addition to any payment obligations accrued prior to the effective date of such termination (Unauthorized Use of the Service; Communications with FMTC; No Control Over Links; Proprietary Rights; No Warranty; Limitations of Liability; Indemnification; Governing Law; Arbitration; Severability; Waiver – Remedies; and Assignment).
Use of Name and Logo: Each party agrees that the other may use its logo, company name and web address to disclose the relationship herein. FMTC may place your logo and name in its listing of clients on its website, online communications and print communications.
No Control Over Links: You understand that the Links, all content accessed through the Links and all transactions generated through the Links are controlled by the Marketers, Affiliate Networks and Skimlinks. We make no representations or warranties regarding the accuracy or proper operation of the Links and assume no liability for any use of or transactions through the Links. You agree to only assert such claims against the Marketers, Affiliate Networks and Skimlinks, and not against FMTC. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services.
Proprietary Rights: We are the exclusive owner or authorized licensors of this web site and the Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. You acknowledge that the unique compilation of the Links is our intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. The Service may not be reverse engineered, decompiled or modified, nor may derivative works be created based on the Service, without the prior written consent of FMTC. All rights not granted under these Terms of Service are reserved by FMTC.
No Warranty. While FMTC makes reasonable efforts to ensure that the Service operates as intended, the Service is dependent upon the Internet, the Marketers and Affiliate Networks and other services and providers outside of the control of FMTC. By using the Service, you acknowledge that FMTC does not and cannot guaranty that the operation of the Service will be completely uninterrupted, error free or that the Service and the information it stores will be entirely free from viruses, hackers, intrusions, unscheduled downtime or other failures. You expressly assume the risk of such problems by using the Service. the service, including all software, content, operations and materials, are provided “as is.” except as specifically set forth herein, FMTC makes no representations or warranties of any kind whatsoever for the operation of the service. further, FMTC disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability, fitness for a particular purpose and any warranties arising out of course of dealing, usage or trade.
Limitations of Liability. in no event will FMTC be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties regardless of whether or not FMTC has been advised of the possibility of such damages. in no event shall FMTC’s liability for any direct damages exceed the amounts actually paid by you to FMTC during the most recent three (3) months. You acknowledge that FMTC has entered into this agreement relying on the limitations of liability stated herein and that FMTC would not offer you the Service without those limitations, which are an essential basis of the bargain.
Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms of Service, (ii) your use of the Links, (iii) your websites, products or services, (iv) any agreement or interaction between you and a Marketer, Affiliate Network, Skimlinks or end user or (v) a violation by you of applicable law, rule or regulation.
Governing Law: The laws of the State of Texas shall govern these Terms of Service. SUBJECT TO THE ARBITRATION PROVISION BELOW, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN TRAVIS COUNTY, TEXAS FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE SERVICE.
Arbitration: Each party agrees that any and all disputes, controversies and claims relating in any way to the Service or this Agreement (including the arbitration of any claim or dispute and the enforceability of this paragraph) shall be submitted to and resolved by means of a confidential arbitration before a single arbitrator administered by the American Arbitration Association under its then current Commercial Arbitration Rules and conducted in Travis County, Texas. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an action involving any other current or former user of the Service, whether through class action proceedings or otherwise. Notwithstanding the foregoing, FMTC shall not be prohibited from initiating an action in court without proceeding to arbitration to collect unpaid fees or protect its intellectual property rights.
International Access: Our Service is provided from the United States of America and all servers which make them available reside in the U.S.A. The laws of other countries may differ regarding the access and use of this Service or functions available through the Service. We make no representations regarding the legality of this Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
Waiver – Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Assignment. You may not assign these Terms of Service, or any rights or remedies hereunder, to any third party without our prior written consent. These Terms of Service shall inure to the benefit of a party’s permitted successors and assigns.
Contact Information: Should you have any questions regarding these Terms of Service, you may contact us at firstname.lastname@example.org.
Last updated: July 2013