Please carefully review these terms and conditions of use before using this site. Any use of this website creates a binding agreement to comply with these terms and conditions. If you do not agree to these terms, you should exit this site immediately.
The following are terms of a legal agreement (the "Agreement") between you and Fatdoor, Inc. ("Fatdoor", "we", or "us") that sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by Fatdoor, Inc., a Delaware corporation.
This Site is provided to you expressly subject to this Agreement. By accessing, browsing and/or using this site ("Site"), you hereby acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain.
The effective date of this Agreement is June 14, 2014.
Registration and Account Security
You agree that you will not provide any false personal information on Fatdoor, or create an account for anyone other than yourself without permission. You confirm that any identification verification materials you submit to Fatdoor to confirm your identity are valid, and that you have the legal right to use such identification materials. You will not create more than one personal account. If we deactivate your account, you will not create another one without our permission. You will not let anyone else access your account, share your password, or do anything else that might jeopardize the security of your account.
Use of this website is limited to the contemplated functionality. The website shall not be used in any way that:
- Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- Is unlawful, fraudulent, or deceptive;
- Is pornographic, spiteful, inciteful, libelous, slanderous, or inflammatory;
- Uses technology or other means to access unauthorized content or non-public spaces;
- Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
- Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempts to damage, disable, overburden, or impair Fatdoor’s servers or networks;
- Attempts to gain unauthorized access to a Fatdoor computer network;
- Attempts to gain unauthorized access to Fatdoor user accounts;
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Violates this Agreement in any manner;
- Violates Fatdoor’s Community Guidelines in any way; or
- Fails to comply with applicable third-party terms and conditions or other third-party policies.
- This is not a complete list, but intended to simply be examples of prohibited uses.
- Fatdoor reserves the right, in its sole discretion, to terminate any account, remove any content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to content or use of the website, that Fatdoor reasonably believes is or might be in violation of this Agreement. Failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.
Monitoring and Enforcement
Fatdoor has no obligation to monitor the Site; however, you acknowledge and agree that Fatdoor has the right to monitor the site electronically at Fatdoor’s discretion. You agree that Fatdoor has the right to:
- Remove or refuse to post any content for any or no reason in our sole discretion.
- Take any action with respect to any content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Fatdoor or the public or could create liability for Fatdoor.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Fatdoor services.
- Terminate or suspend your access to all or part of the Fatdoor service for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Products and Services. YOU WAIVE AND HOLD HARMLESS FATDOOR AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FATDOOR AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is published or otherwise posted through the Fatdoor service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Termination and Deletion of Content
Upon termination of your account, or upon your deletion of particular content you have uploaded to Fatdoor’s services, Fatdoor shall make reasonable efforts to make such content inaccessible and cease use of it. However, you acknowledge and agree that i) such content may persist in backups for a reasonable period of time; ii) caching of, copies of, or references to content may not be immediately removed; and iii) such removed content may be available (and stored on our servers) through the accounts of other users.
Copyright Interests Held by Fatdoor
The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by Fatdoor, Inc. or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Fatdoor, Inc. You acknowledge that the content is and shall remain the property of Fatdoor, Inc. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
If you believe, in good faith, that any materials on the site infringe your copyrights, notifications of claimed copyright infringement should be emailed to Fatdoor's designated agent: legal@Fatdoor.com.
Notifications must include:
- A description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Fatdoor (including the Fatdoor logo), Fatdoor.com, and all related logos (collectively the "Fatdoor Trademarks") are trademarks or service marks of Fatdoor, Inc. Other company, product, and service names and logos used and displayed on this site may be trademarks or service marks owned by Fatdoor, Inc. or others.
Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Fatdoor trademarks displayed on this site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the site unless in accordance with written authorization by us. We prohibit use of any of the Fatdoor trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Fatdoor Trademarks or whether any mark or logo is a Fatdoor trademark, should be referred to Fatdoor, Inc.
Technologies and processes embodied in and used by this site may be covered by U.S. and foreign patents and/or by other patents pending. Any inventive embodiments employed in this site, are strictly protected by Fatdoor patents including patents assigned, issued and pending. Any suspected and actual infringement of Fatdoor, Inc.'s intellectual property rights shall be aggressively pursued and acted upon through pre-litigation licensing negotiations, and through litigation in federal and state courts by retained legal counsel for Fatdoor, Inc.
Fatdoor, through its service, provides an option for you to report emergency situations to those that are around you. This is offered to you as a convenience, and is not offered as a substitute for directly contacting law enforcement agencies, safety personal, rescue teams, or any other emergency contact. Fatdoor will make a reasonable effort to connect you with emergency providers when you place an emergency request. However, Fatdoor in no way guarantees or will be held liable for failing to connect you with law enforcement or emergency personnel.
Making a false report of an emergency situation to law enforcement or other emergency personnel is prohibited and is a violation of this Agreement, and may subject to additional civil and criminal legal liabilities.
Age Restriction and Minors
Only individuals eighteen (18) years of age or older may use this website. Fatdoor is not for minors under the age of 18. If you are under the age of 18, Fatdoor requests that you leave this website and stop usage of the Fatdoor services immediately.
We ask that users avoid submitting information that can specifically identify on a map physical place of residence or play of a minor under the age of 18.
You may generate content, written or otherwise, while using the website. Any content you post must comply with the content standards as set forth in these Terms of Service.
Any information you post, submit, publish, display or transmit through Fatdoor may become publically available depending on your account settings. You represent and warrant that you own or control all rights in any information you provide and that this information complies with this Agreement. You understand and acknowledge that you are responsible for any content you submit or contribute, and you, not Fatdoor, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our services.
For any content you post which are subject to intellectual property rights (such as music, videos, photos, etc.), you explicitly grant Fatdoor a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such content. Any content you remove or delete from Fatdoor may persist on our servers and if shared with others or by others, it may continue to exist on Fatdoor or with its affiliates. By providing content through the Fatdoor service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. You further represent and warrant that all of your content submissions do and will comply with this Agreement.
We are not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of Fatdoor.
Links to Third Party Web Sites
Your usage of the Fatdoor service is also subject to you following the Community Guidelines. Failure to do so may result in your account be coming suspended or deleted.
Disclaimer of Warranties
NONE OF FATDOOR, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "FATDOOR PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND FATDOOR, INC. DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. FATDOOR PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
FATDOOR, INC. MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND FATDOOR PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. FATDOOR, INC. RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
Limitation/Release of Liability
UNDER NO CIRCUMSTANCES WILL FATDOOR PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF FATDOOR PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. FATDOOR, INC. IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT FATDOOR PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You release, to the fullest extent permitted by law, Fatdoor, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the use of the Fatdoor services.
We do not promise that any aspect of our software or service will perform properly and/or continuously. Please note that since some jurisdictions do not allow warranty exclusions, these may not apply to you.
If you have a dispute between another Fatdoor user that occurs through the use of the Fatdoor service, you release Fatdoor from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected with such disputes.
If you are a California resident, you agree to waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree to indemnify and hold harmless Fatdoor and it’s Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Fatdoor Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Fatdoor Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Fatdoor. You further agree to indemnify and hold harmless Fatdoor Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
Third Party Marketing
Restrictions From Third Party Licensors
Some neighborhood names and boundaries on Fatdoor.com are licensed from third parties. You may not directly or indirectly sell, distribute, reverse engineer, or sublicense any third party content or use such content other than as part of our services. This data may be subject to copyright protection by said third parties.
Governing Law and Arbitration
This agreement, or any claim, cause of action or dispute arising out of or related to this Agreement shall be governed by the laws of the state of California, without regards to any conflicts of law principles.
Any disputes or claims between you and Fatdoor shall be resolved exclusively through final and binding arbitration. However, you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act will govern the interpretation and enforcement of this agreement to arbitrate.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes, as modified by this agreement. The AAA's rules, and a form for initiating arbitration proceedings, are available at www.adr.org.
The arbitration shall be held in the county that you reside in or at another mutually agreed location. If the value of the relief sought is less than $10,000, you or Fatdoor may choose to have the arbitration conducted by telephone or based solely on written submissions.
The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules except as expressly stated here. If the value of the relief sought is less than $10,000, at your statement, Fatdoor will pay all fees associated with the costs of the arbitration proceedings. If the value of the relief sought is more than $10,000, Fatdoor will pay as much of arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any AAA employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
If a court decides that any part of this arbitration section is invalid or unenforceable, the other parts of the arbitration section shall still apply. If any claim or dispute regarding Fatdoor isn’t arbitrable (or eligible for small claims court), it will be resolved exclusively by a federal or state court located in Palo Alto, California. You agree to submit to the personal jurisdiction of courts located in Palo Alto, California for litigating such claims or disputes.
This Agreement is effective until terminated by Fatdoor, Inc. Fatdoor, Inc. may terminate this Agreement at any time without notice or suspend or terminate your access and use of the site at any time, with or without cause, in Fatdoor's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions and any other provision that by its terms survives termination of your use or access to the site.
Additional Terms and Other Agreements
Certain sections or pages on the site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
This Agreement shall be subject to any other agreements you have entered into with Fatdoor, Inc.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.
All rights not expressly granted herein are hereby reserved.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
This Agreement was written in English. To the extent that any translations of this Agreement exist, the English version controls.
Nothing in this Agreement shall prevent us from complying with the law.
This Agreement does not confer any third party beneficiary rights, nor does it create any agency, partnership, joint venture, employment or franchise relationship between yourself and Fatdoor.
You agree that you are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country.
Failure by Fatdoor, Inc. to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Only a specific, written waiver signed by an authorized representative of Fatdoor shall have any legal effect as a waiver by Fatdoor of any terms of this Agreement.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. We will post a notification on our terms page when making any substantive changes to this Agreement, but you should check this webpage periodically for any changes or updates. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes.