Terms of Service
Overview
Welcome to FC Yearbook (“Messaging App”). This Messaging App is owned by Yearbooker, Inc. (“We”, “YB” or “us”).
When you visit this Messaging App, you are agreeing that both your access to the Messaging App and your use are governed by these Terms of Use (“Terms”).
Modifications to the Terms of Use
We may change, add or remove portions of these Terms of Use at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior of each use of the Messaging App and by continuing to use the Messaging App, you agree to any changes.
Registration
FC Yearbook requires an adult or guardian to register new accounts for children who are in eighth grade or under the age of 13. If you are in ninth grade and over 13, you may register yourself. Our goal is to prevent children from registering. Please notify us if you believe a child has registered without a parent’s permission.
During registration, we will request your personal book ID access code. Upon receiving your personalized book ID code (the “Code”), we match the Code to the location of your yearbook photograph in the yearbook, which identifies you also by first and last name (“Messaging App User”). You will then be required to create a username and a password to protect your account. You may also submit your email address if you wish to receive the Code directly from YB instead of through your or their child’s chosen yearbook distributor. We will send you an email to verify your email address. This also helps us ensure you receive important alerts and information about your account.
By submitting information through the Messaging App, you agree to provide only true, accurate, current and complete information.
By submitting such information to FC Yearbook, you agree to grant us a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the information submitted for the purposes of operating the Messaging App.
How Our Service Works
FC Yearbook is an online platform for your school yearbook and a community where students from your school who subscribe to FC Yearbook can interact with each other.
Once a Messaging App User has registered, we will create a Messaging App User profile using the person’s name and photograph as located in the yearbook (“Profile”). A Messaging App User’s Profile will be visible only to those included in the same yearbook who subscribe to FC Yearbook. (See http://parentscreen.com/privacy.html policy). A Messaging App User can his/her account at anytime, but doing so will only disable the ability to send or receive messages. Messaging App User’s yearbook name and photo will still be visible in the Yearbook. Moreover, deleting an account will not retroactively delete messages already sent and received by other Messaging App Users.
Information for Canadian users
We may store, process and access your personal information in the United States for the purposes of creating and publishing your yearbook, undertaking quality assurance, and providing technical support.
User Guidelines and Prohibited Conduct
You may not publish to FC Yearbook or send a message (“Message”) using our service that is threatening, harassing, libelous, defamatory, obscene, pornographic, abusive, invasive of privacy or publicity rights, or otherwise illegal material. In order to make the Messages appropriate, the following guidelines have been established for Users and Message senders:
• Do not upload to, or distribute or otherwise publish any message that could violate, or could facilitate the violation of, any applicable law or regulation;
• Do not upload to, or distribute or otherwise publish any message that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
• Do not impersonate of any person or entity in any part of any Message.
• Do not threaten or verbally abuse any other users of the Service, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
• Do not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service. Like any community, the online conversation flourishes only when our Members feel welcome and safe.
• Do not intentionally make false or misleading statements.
• Do not post material that infringes copyright.
• Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
• Keep all Messages relevant to the content of a yearbook
• Do not interfere with or take any action to circumvent or defeat the security of the Website or the Website itself.
• Do not transmit or transfer (by any means) information or software derived from the Website to foreign countries or certain foreign nations in violation of US export control law.
• Do not copy or repost any portion of the yearbook content or messages to any other platform.
FC Yearbook will not accept responsibility for information posted in the Messages. We may, but are not obligated to, restrict or remove any and all content from a Message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other FC Yearbook’s users, or any third party.
We grant you a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access FC Yearbook and to incidentally view, print and upload images, text, graphics, photographs and other content to the extent made available by FC Yearbook for such purposes in the app solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use. You agree that FC Yearbook owns all right, title and interest in and to FCYearbook.com, including without limitation all applicable Intellectual Property Rights to the Website, app and the technology. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the Website, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the app, Website, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) use the app or Website to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) use the app or Website in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of FC Yearbook, its affiliates, its third party suppliers or any other third party.
All Answers, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to us on the Website or otherwise disclosed, submitted or offered to us (collectively, “Answers”) shall be and remain FC Yearbook property which we may use for any purpose including commercial purposes. However, you retain ownership of any intellectual property rights that you hold in any photograph uploaded, submitted, stored, sent or received. By submitting or uploading your messages, Answers or photographs, you automatically and irrevocably grant us a non-exclusive, worldwide, royalty-free license to your messages, Answers, including, but not limited to, all copyrights and other intellectual property in your Answers and photographs. You further agree that FC Yearbook will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, paraphrase, display, host, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of the Answer or portions of the Answer, and your name, voice, likeness, and other identifying information in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using your Answer.
You agree that no Answer submitted by you to FC Yearbook will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Answers you make.
Disclaimer of Warranty
THE APPLICATION AND SERVICES ARE PROVIDED BY FC YEARBOOK AND YEARBOOKER ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. FC YEARBOOK AND YEARBOOKER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND APP IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FC YEARBOOK AND YEARBOOKER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FC YEARBOOK DOES NOT WARRANT THAT THIS WEBSITE, APP, ITS SERVERS, OR E-MAIL SENT FROM FC YEARBOOK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
NEITHER FC YEARBOOK NOR YEARBOOKER SHALL BE LIABLE FOR ANY LOST PROFITS, REVENUES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, FC YEARBOOK’S AND/OR YEARBOOKER’S LIABILITY ARE LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION.
Indemnification
You understand and agree that you are personally responsible for your behavior in connection with the app. You agree to indemnify, defend and hold harmless FC Yearbook, Yearbooker, and any affiliated companies, joint ventures, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) use or misuse of the app by you, (b) any violation of these Terms of Use or (c) any violation of law or the rights of a third party.
Copyrights and Copyright Agent
If you are a copyright owner or an agent thereof and believe that any Content on the app or Web Site infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company’s copyright agent for notice of claims of copyright infringement on or regarding the Web Site can be reached as follows:
By mail:
Riveles Wahab LLP
Attn: Copyright Agent FC Yearbook
c/o 125 Maiden Lane Suite 208, New York NY 10038
By email: dmca [at] yearbooker [dot] co
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Company’s customer service representatives through our Contact Page. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Applicable Law
These Terms of Use have been made in and shall be construed and enforced in accordance with New York, New York.
Waiver
The failure of FC Yearbook to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Severed Provisions
If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
Headings
The headings or section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.
Contact Us
If you have any questions or concerns about our app or Web Site or these Terms of Use, or would like to contact us for any reason use our Contact Page.
Dated: 6/17/16