This agreement (hereinafter, the "Agreement") between The Factory of Light, LLC DBA The Academy of Light. (hereinafter, "FOFL", "us" or "we") and you sets forth the terms and conditions which govern your use of any of the FOFL or FOFL sponsored websites (hereinafter, the "Sites") and/or the services (hereinafter, the "Services") thereon which are provided by FOFL. FOFL reserves the right at all times to prohibit activities that may damage its commercial reputation and goodwill, or that of its participating members. FOFL is committed to being a responsible network citizen, and protecting the usefulness and enjoyment of the Internet for our participating sites and for their members. The provisions of this policy are intended as guidelines and are not meant to be exhaustive. As such, all conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. FOFL MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.
1. Limited License; Use of Services.
FOFL grants to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
FOFL's Services shall contain, without limitation, email services, bulletin and message boards, chat areas, news groups, forums, communities, classes, calendars, and various other message communication applications.
2. Prohibited Activities.
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
b. collect any data, or attempt to collect any personal data, about members or other third parties without their knowledge or express consent;
c. access the Sites or Services by any means other than through the standard industry-accepted or FOFL-provided interfaces;
d. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
e. impersonate any person or entity, including without limitation, an FOFL official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
f. post or transmit any material that contains a virus or corrupted data;
g. delete any author attributions, copyright, trademark, legal notices or proprietary designations or labels that you upload to any communication feature;
h. use of any Site or Service's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
i. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
j. violate any applicable local, state, national or international law;
k. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
l. delete or revise any material posted by any other person or entity;
m. manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology;
n. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any FOFL product or Service if you are not expressly authorized by such party to do so;
o. use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair FOFL's servers or networks, or interfere with any other user's use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to FOFL through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
3. Billing and Renewal Transactions and Policies.
Certain products or Services may be offered for sale on the Sites. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by FOFL or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide FOFL or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some Services offered by FOFL are subscription-based services. If you open a subscription-based account with any of FOFL's Sites, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. FOFL reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason.
Please note that we only accept credit card payments and do not accept debit card payments at this time. You agree to notify FOFL immediately in writing or via email (at ) if you discover that the card number you provided to FOFL when you signed up for membership is actually a debit card number.
Automatic Renewal Terms Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that FOFL will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account, thereby terminating this Agreement and all FOFL obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
In the event you elect to terminate your subscription and FOFL is notified accordingly by calling 970-948-2331, Monday through Friday, 9 a.m. to 8 p.m. MTN tine, you shall be entitled to receive, on request, any refunds available to you. Terminations are not retroactive. If you terminate your membership after your membership period has begun, you will only be entitled to a refund for the unexpired portion of that membership period, less any applicable minimum charges. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any FOFL account, you hereby agree that FOFL may charge these unpaid fees to your credit card.
To review the billing terms of your account, you may email .
4. Message Boards and Chat Rooms.
FOFL hosts message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. FOFL or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by FOFL staff, FOFL's outside contributors, or by users not connected with FOFL, some of whom may employ anonymous user names. FOFL expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of FOFL or any of its subsidiaries or affiliates.
5. Monitoring.
FOFL has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
6. Third Party Content.
In general, the content contained on any of the Sites or Services is supplied by third parties and users. Accordingly, FOFL is a distributor (and not a publisher) of such content and has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not FOFL. Neither FOFL nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, FOFL neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites or Services by anyone other than an authorized FOFL representative while acting in his/her official capacity.
7. Contests and Games.
FOFL often provides contests and games on its Sites. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
8. Accounts, Passwords and Security.
If any of the Sites or Services require you to open an account, you must complete the registration process by providing FOFL with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to FOFL which is untrue, inaccurate, not current or incomplete, FOFL reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, WHICH ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify FOFL immediately of any unauthorized use of your account or any other breach of security. FOFL will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by FOFL or another party due to someone else using your account or password.
9. Disclaimer Regarding Links.
The links on any of the Sites and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the "Linked Sites"). FOFL provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has FOFL reviewed or approved the content that appears on the Linked Sites. FOFL is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that FOFL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
10. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that FOFL shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
11. Proprietary Rights.
You acknowledge and agree that the Sites and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of FOFL or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning FOFL or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to FOFL shall be fully paid-up and royalty free. In addition, under no circumstances shall FOFL have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of FOFL's business through a merger, sale or transfer of all or substantially all of the assets of FOFL, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on FOFL's part and we shall not be liable for any use or disclosure of any such Submission Materials.
12. Copyright Policy.
All content included on this site, such as text, graphics, logos, button icons, banners, images, and software, is the property of The Factory of Light. LLC. or its content suppliers and is protected by U.S. and international copyright laws.
TRADEMARKS
The Academy of Light and The Factory of Light and are trademarks of The Factory of Light, LLC. The Factory of Lights’ trademarks may not be used in connection with any product or service that is not The Factory of Lights’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Factory of Light,LLC.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by FOFL infringe your copyright, you, or your agent may send to FOFL a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon FOFL actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to FOFL a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
FOFL's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:
E-mail for notice: .
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
