Effective Date: July 24, 2020
1. Acceptance of the Terms
These terms of service (“Terms“) govern your access to and use of the Fosdal Medium LLC website at www.hilaryfosdal.com (“Website“) and the service made available on the Website (“Services“).
This Services are offered and available to users who are 18 years of age or older and can form a binding contract with Fosdal Medium. By using the Website or Services, you represent and warrant that you are of legal age to form a binding contract with Fosdal Medium and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.
2. Changes to the Terms. We may revise and update these Terms from time-to-time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time-to-time so you are aware of any changes, as they are binding on you.
3. Service Availability. We reserve the right to withdraw or amend any Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time-to-time, we may restrict access to some or all parts of the Services.
5. Prohibited Uses
In connection with the Services or your use of the Website, you will not:
• Breach this agreement;
• Violate any applicable federal, state, local or international law or regulation;
• Disclose or distribute another user’s information to a third party, or use the information for marketing purposes unless you receive the user’s express consent to do so;
• Infringe the Fosdal Medium’s, any user’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
• Act in a manner that is defamatory, trade libelous, threatening or harassing;
• Use this Website or any of its content to advertise or solicit, for any commercial, political, or religious purpose, or to compete, directly or indirectly with the Fosdal Medium;
• Resell or repurpose your access to the Services or any purchases made through the Website;
• Provide false, inaccurate or misleading information;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization in any way that is likely to deceive any person;
• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
• Use an anonymizing proxy;
• Use the Services in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to the Fosdal Medium, other users, third parties or you;
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Send unsolicited messages to a user or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
• Use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission;
• Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Website or the Services; or
• Take any action that may cause us to lose any of our services from our internet service providers, payment processors, or other suppliers.
Fosdal Medium will not be held liable for the violation of the above terms or any other illegal activity not foreseen at the time.
6. Unsolicited Ideas
We do not accept or consider, directly or through any Fosdal Medium employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved services, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
• Fosdal Medium has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
• Fosdal Medium will own, and may use and redistribute Unsolicited Materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
7. Intellectual Property Rights
The Services and all related content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Fosdal Medium, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for the limited purposes provided in these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services except as is specifically permitted herein.
8. Trademarks. Fosdal Medium’s name, the company logo and all related names, logos, product and service names, designs and slogans are trademarks of Fosdal Medium or its affiliates or licensors. You must not use such marks without the prior written permission of Fosdal Medium. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
9. Third Party Websites. The Website may contain links to other websites for the convenience of users. Use of the Website and the Services and any other material or content on and made available through the Services is entirely at your own risk. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. Fosdal Medium does not endorse any product, service, or treatment provided on a third party website or advertised on the Website.
10. Authorized Payments are Final. Your use of Services constitutes your agreement to pay for any amounts, which you authorize us to charge to your credit card or PayPal account. Such payments, once authorized, are final. All payments shall be made in U.S. Dollars. Fosdal Medium is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars.
11. Replacement Documents. You are responsible for creation, storage, and backup of your documents. These Terms and any use of the Services will not be construed as creating any responsibility on Fosdal Medium’s part to store, backup, retain, or grant access to any information or data for any period. Fosdal Medium may, at its sole discretion, fulfill a request to locate and re-send your documents. Additional charges may apply for the location and re-sending your survey.
12. Disclaimer of Warranties. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Fosdal Medium NOR ANY PERSON ASSOCIATED WITH Fosdal Medium MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Fosdal Medium NOR ANYONE ASSOCIATED WITH Fosdal Medium REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Fosdal Medium HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation on Liability. IN NO EVENT WILL Fosdal Medium, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF Fosdal Medium AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10) AND SHALL BE OTHERWISE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Indemnification. You agree to defend, hold harmless and indemnify Fosdal Medium from and against any and all losses, costs, expenses, damages or other liabilities incurred by Fosdal Medium from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Fosdal Medium in connection with or resulting from your use of the Services. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
15. Geographic Restrictions. The owner of the Website is based in the State of Washington in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the content provided on the Website is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Governing Law and Jurisdiction. All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington in each case located in the City of Seattle and King County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Waiver and Severability. No waiver by Fosdal Medium of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fosdal Medium to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19. Your Comments and Concerns. All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to firstname.lastname@example.org.