Website Terms of Service
Dear Customer: The following is a legal agreement with you (or the employer or other entity on whose behalf you are entering into this agreement).
“Media” means photographs, vectors, drawings, videos, website content, social media management and postings, and all services and products provided by Full View Marketing LLC and its associates..
You may use our media for the time that you are a member for your sole use or for the sole use of your company. You may not share this content with others who are not members. You may not use the media to make videos for others or distribute to others – it is for your sole use to market yourself or your own company. Once you are not a member, you may not use our media.
You (the customer) understand that our media is copyrighted already by us (Full View Marketing LLC).
When it comes to your contact information and the contact information of your clients (i.e. emails etc) we will not sell or distribute those – they belong to you and your clients.
If emails are provided to us by you (if your plan includes it) you certify that the email contacts that you provide are people that you know want you to send them emails and you have their permission. Your account will be terminated without refund if we get unusual activity from your contacts, get blocked, or get flagged as spam too often from your contacts.
Any information you enter on this will be sent to Full View Marketing LLC. This website’s data is handled by Full View Marketing LLC and its associates. Data submitted will be used by Full View Marketing LLC and its associates and no one else
Here is the legal/long way to say what is stated in part above:
RESTRICTIONS ON USE OF VISUAL CONTENT
- Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
- Portray any person depicted in Visual Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
- Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
- Use Visual Content designated “Editorial Use Only” for commercial purposes.
- Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
- Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
- Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
- Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
- Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
PART III Indemnification and Liability:
- You will indemnify and hold Full View Marketing LLC its officers, employees, shareholders, directors, managers, members, and suppliers, harmless against any damages or liability of any kind arising from your service with us. This includes any use of the Media other than the uses expressly permitted by this TOS. You further agree to indemnify Full View Marketing LLC for all costs and expenses that Full View Marketing LLC incurs in the event that you breach any of the terms of this or any other agreement with us or our associates.
PART IV ADDITIONAL TERMS
- Except when required by law, Full View Marketing LLC shall be under no obligation to issue refunds under any circumstances. In the event that Full View Marketing LLC determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase.
- “Non-transferable” as used herein means that except as specifically provided in these TOS, you may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone, Media, or the right to use Media. If you become aware that any Social Media Website uses any Visual Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Visual Content from such Social Media Site and to promptly notify Full View Marketing LLC of each such Social Media Website’s use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Visual Content. If you become aware of any unauthorized duplication of any Media please notify us via email.
- Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of NY and the county of Schenectady. The language of the arbitration shall be English. There shall be one arbitrator. Client agrees to bear all costs of arbitration. Full View Marketing LLC shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Full View Marketing LLC, such action is necessary or desirable.
- These TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. These TOS are governed by and shall be construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles.
- If any individual term of these TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that these TOS shall otherwise remain in full force and effect.
- It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
- In the event that you breach any of the terms of this or any other agreement with Full View Marketing LLC, Full View Marketing LLC shall have the right to terminate your account without further notice, in addition to Full View Marketing LLC’s other rights at law and/or equity. Full View Marketing LLC shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
- Except as expressly set forth herein, Full View Marketing LLC grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be visible in the Visual Content, music or other audio in footage, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Visual Content. Full View Marketing LLC only has model or property releases where expressly indicated on our official website.
- Except as expressly set forth in Part II, all Media is provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Media may contain elements that require additional clearance if the Media is modified or used in a particular context. If you make such modification or use Visual Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
- Full View Marketing LLC does not warrant that the Visual Content, websites, or other materials will meet your requirements or that use will be uninterrupted or error-free. The entire risk as to the quality, performance, and use of the Media is solely with you, the client.
- Discount Codes: Some clients may have a discount code that they use upon signup. These discount codes may expire, and may also remove certain services that are part of the normal plan (although may not expressly saying so). Also, they may be part of a relationship with another company. If the client ends their relationship with that other company that the code was used, if the code expires, if it no longer applies, or for any other reason, Full View Marketing LLC reserves the right to end the use of that discount code. Also, client agrees to immediately inform Full View Marketing LLC when their relationship with the other company ends. If they do not, Client agrees to pay back payments of the amounts of the discount for every month it was applied after they ended that relationship, and to pay additional penalties equal to $50 per month or more for every month the discount was applied – even if services were removed as part of the discount (such as social media, blogging, SEO, and more).
- White-Hat SEO: Client agrees to only use what is termed “white-hat SEO”, which are Google-approved methods without any adverse effects. If client or a third-party service they employ, or otherwise use in any way or form, cause issues, the client agrees to be responsible for any and all expenses – including legal fees, time, third-party hires to fix the issues, long-term effects on Full View Marketing and their clients and associates, and any other expenses in time, money, or otherwise. Examples of this may be hiring a third party to add SEO to their website, but the SEO may be considered “black-hat”, enacted in an unprofessional manner, or send out multiple emails from the website/cpanel/IP address – which then gets the IP address blacklisted. Since there are multiple clients on any one of our IP addresses, the client will be responsible for lost wages to Full View Marketing LLC, and any of those clients on that IP address, as well as the cost of migrating their websites to new IP addresses, legal fees of Full View Marketing LLC in any issues that come out of it, and compensation to all parties for any lingering effects. This will apply whether or not the client understood what would happen when they started any work on their online presence.
- In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Full View Marketing LLC, Full View Marketing LLC will promptly file a complaint with www.ic3.gov, the internet crime complaint center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.
- You agree to only provide email addresses that you have express permission to send emails to. If you provide emails that have too many bounces or get marked as spam or otherwise get reported by the recipients, We will terminate your account without refund and additional charges will apply.
- Please note that after you sign up, we may not be able to complete your setup if you are in the same area as another client who has exclusivity.
- You can pay for your site and take it with you if you ever want to leave, but your plan does not include ownership or rights to the website or parts of it. The price of the website would be dependent on how big your site is, how long you have been with us, how complicated the transfer would be, and other factors. The 30-day free trial also includes the time developing your website.
- Disputed Charges – If you, the client, choose to dispute a charge by Full View Marketing LLC or its associates and we win the dispute, you agree to pay for our time (at a rate of $75 per hour with a minimum of 2 hours) and expenses in getting the dispute reconciled. You also agree to pay any damages that occur from resolving the dispute.
- You can cancel your plan at any time by logging into your account. If you want to contact us to cancel your plan for you, it is required to give us 3 business days’ notice (72 hours) before your next billing cycle. Otherwise, any cancellation request will happen after the next billing cycle. Refunds are not available after 72 hours after billing, as work has already commenced. Billing is for the previous month, and not the month ahead, so cancellations take effect immediately when done during your billing period, with no refund of payments and no extra time to your plan.
- By signing up, you agree to allow us to display any and all information you enter in our public directory (except for credit card information). This includes email address(es), name, member profile name, and other information. Your information will be displayed even after you have canceled your plan, unless you opt-out upon canceling. You can opt-out of the directory any time (upon signup, during your membership, and after canceling) by logging into your account and by checking the “Hide from Directory?” field on the “Edit Profile” page. You can also email us at firstname.lastname@example.org to have it manually removed for you. You, the client, release Full View Marketing LLC and its associates of any and all liability in this publically displayed information, understanding that you have control as to whether it is displayed or not.
- Images and content – The client takes all responsibility for the images and content on their website and marketing material, posts, etc., and understands that their site is not necessarily ADA compliant (it is up to the client to determine if they need an ADA compliant website, what that involves for them, and to have qualified legal counsel – making the website ADA compliant can be done for additional fees upon written request from the client with the clear direction above) and releases Full View Marketing LLC from any liability in that regard. The client certifies that they own the full copyright to all images, content, and anything else that they provide.
- Client agrees to review all content on the website, social media, and anywhere else for accuracy, compliance with local/State/Federal laws and other issues or areas of compliance. Client understands that they are responsible for compliance with all laws and regulations and not Full View Marketing or its associates. Client will notify Full View Marketing LLC of any issues within 48 hours and to have the material changed, added, or removed (whichever is required by law). Client understands that they are responsible for ALL the content on their website and agree to check the content regularly for issues. Client understands that material on their website may be used by third parties against them in a legal or other setting, and that they will not hold Full View Marketing LLC or its associates responsible and releases them from any and all liability.
I understand that these terms may change and will be posted to this page. I also understand that if I execute this agreement here that this agreement will be legally binding just as if I had signed an original paper document. I understand that Full View Marketing LLC is relying on this representation as proof that I agree to the terms of this agreement, and that I may not later deny the existence of a binding agreement.