FUEL GRAPHICS.COM
TERMS OF USE
Please read these Terms of Use carefully before accessing or using this website (the "Site").
ACCEPTANCE OF TERMS
1.You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Fuel Graphics, Inc. ("Fuel Graphics") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
2.Fuel Graphics may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Fuel Graphics.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
3.All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the "Fuel Graphics Content"), as well as the selection and arrangement of the Fuel Graphics Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Fuel Graphics Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Fuel Graphics, Fuel Graphics does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any Fuel Graphics Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Fuel Graphics Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Fuel Graphics Content.
4.Unless you enter into a license agreement with Fuel Graphics you may not download, distribute, display and/or copy any Fuel Graphics Content.
5.You may not remove any watermarks or copyright notices contained in the Fuel Graphics Content.
FUEL GRAPHICS TRADEMARKS
6.For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Fuel Graphics.
7.Nothing contained herein grants or shall be construed to grant you any rights to use any Fuel Graphics Trademark, unless expressly conferred by these Terms of Use.
8.You agree that you will not use Fuel Graphics's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Fuel Graphics.
9.You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Fuel Graphics Trademarks or the Trademark rights claimed by Fuel Graphics.
10.You agree that you will not use any Fuel Graphics Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
11.You may not at any time, adopt or use, without Fuel Graphics's prior written consent any word or mark which is similar to or likely to be confused with Fuel Graphics's Trademarks.
12.The look and feel of the Fuel Graphics website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Fuel Graphics and may not be copied, imitated or used, in whole or in part, without the prior written consent of Fuel Graphics.
13.All other trademarks, product names, and company names or logos used or appearing on the Fuel Graphics website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Fuel Graphics, unless expressly so stated.
14.You may not use a Fuel Graphics trademark, logo, Image or other proprietary graphic of Fuel Graphics to link to the Fuel Graphics website without the prior written consent of Fuel Graphics.
15.You may not frame or hotlink to the Fuel Graphics website or any Image without the prior written consent of Fuel Graphics.
SITE SERVICES
16.Various services are made available to you, pursuant to your use of the Site and Fuel Graphics Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with Fuel Graphics, and the law, you may access and use the Site Services. Fuel Graphics remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. Fuel Graphics may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in Fuel Graphics’s sole discretion. Fuel Graphics provides the Site Services on an "as is" and "as available" basis. Fuel Graphics (or third parties acting on its behalf) may collect data related to your use of the Site Services
17.Fuel Graphics may make Fuel Graphics Content available through the Site Services. You may not use any Fuel Graphics Content for any purpose without first obtaining a license to use such Fuel Graphics Content. Any use of Fuel Graphics Content by you shall be governed by the applicable license agreement separately entered into between you and Fuel Graphics. Displaying and/or distributing to the public any watermarked or unlicensed Fuel Graphics Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
YOUR CONTENT
18.For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), including but not limited to the Site Services, you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii) Fuel Graphics will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
19.By uploading Your Content, you grant Fuel Graphics a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site Services and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
20.You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
a.Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
b.Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
c.Exploits minors;
d.Depicts unlawful or violent acts;
e.Depicts animal cruelty or violence towards animals;
f.Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
g.Violates any law, statute, or regulation.
INFRINGEMENT CLAIMS / DMCA NOTICES
21.If you believe that any Image or other material made available by Fuel Graphics infringes upon any copyright that you own or control, you may notify Fuel Graphics in the manner set forth in our DMCA Copyright Infringement Notice Policy.
LIMITATIONS
22.You agree that you shall not:
a.Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Fuel Graphics or any third party.
b.Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
c.Violate the rights of Fuel Graphics or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
RESTRICTION AND TERMINATION OF USE
23.Fuel Graphics may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or Fuel Graphics Content at any time in Fuel Graphics's discretion, without prior notice or liability to you. Any conduct by you that, in Fuel Graphics’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.
LINKS TO THIRD PARTY SITES
24.In the event that Fuel Graphics provides links from its website to any third-party website or permits any third party to link from its website to the Fuel Graphics website, you should be aware that Fuel Graphics makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of Fuel Graphics, and Fuel Graphics provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Fuel Graphics.
WARRANTIES AND DISCLAIMERS
25.Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by Fuel Graphics under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Fuel Graphics expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fuel Graphics makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Fuel Graphics makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that Fuel Graphics will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.
PERSONAL INFORMATION AND PRIVACY
26.Fuel Graphics will use and protect your data, such as your name and address, in accordance with the Fuel Graphics Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
INDEMNIFICATION
27.You agree to defend, indemnify and hold harmless Fuel Graphics, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Fuel Graphics Content, or your violation of any rights of another.
GOVERNING LAW AND JURISDICTION
28.These Terms of Use are governed by and shall be construed in accordance with the laws of the State of New York. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.
TERMS OF USE
Please read these Terms of Use carefully before accessing or using this website (the "Site").
ACCEPTANCE OF TERMS
1.You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Fuel Graphics, Inc. ("Fuel Graphics") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
2.Fuel Graphics may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of Fuel Graphics.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
3.All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the "Fuel Graphics Content"), as well as the selection and arrangement of the Fuel Graphics Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Fuel Graphics Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Fuel Graphics, Fuel Graphics does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any Fuel Graphics Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Fuel Graphics Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Fuel Graphics Content.
4.Unless you enter into a license agreement with Fuel Graphics you may not download, distribute, display and/or copy any Fuel Graphics Content.
5.You may not remove any watermarks or copyright notices contained in the Fuel Graphics Content.
FUEL GRAPHICS TRADEMARKS
6.For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Fuel Graphics.
7.Nothing contained herein grants or shall be construed to grant you any rights to use any Fuel Graphics Trademark, unless expressly conferred by these Terms of Use.
8.You agree that you will not use Fuel Graphics's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Fuel Graphics.
9.You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Fuel Graphics Trademarks or the Trademark rights claimed by Fuel Graphics.
10.You agree that you will not use any Fuel Graphics Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
11.You may not at any time, adopt or use, without Fuel Graphics's prior written consent any word or mark which is similar to or likely to be confused with Fuel Graphics's Trademarks.
12.The look and feel of the Fuel Graphics website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Fuel Graphics and may not be copied, imitated or used, in whole or in part, without the prior written consent of Fuel Graphics.
13.All other trademarks, product names, and company names or logos used or appearing on the Fuel Graphics website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Fuel Graphics, unless expressly so stated.
14.You may not use a Fuel Graphics trademark, logo, Image or other proprietary graphic of Fuel Graphics to link to the Fuel Graphics website without the prior written consent of Fuel Graphics.
15.You may not frame or hotlink to the Fuel Graphics website or any Image without the prior written consent of Fuel Graphics.
SITE SERVICES
16.Various services are made available to you, pursuant to your use of the Site and Fuel Graphics Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with Fuel Graphics, and the law, you may access and use the Site Services. Fuel Graphics remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. Fuel Graphics may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in Fuel Graphics’s sole discretion. Fuel Graphics provides the Site Services on an "as is" and "as available" basis. Fuel Graphics (or third parties acting on its behalf) may collect data related to your use of the Site Services
17.Fuel Graphics may make Fuel Graphics Content available through the Site Services. You may not use any Fuel Graphics Content for any purpose without first obtaining a license to use such Fuel Graphics Content. Any use of Fuel Graphics Content by you shall be governed by the applicable license agreement separately entered into between you and Fuel Graphics. Displaying and/or distributing to the public any watermarked or unlicensed Fuel Graphics Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
YOUR CONTENT
18.For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), including but not limited to the Site Services, you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii) Fuel Graphics will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
19.By uploading Your Content, you grant Fuel Graphics a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site Services and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
20.You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
a.Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
b.Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
c.Exploits minors;
d.Depicts unlawful or violent acts;
e.Depicts animal cruelty or violence towards animals;
f.Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
g.Violates any law, statute, or regulation.
INFRINGEMENT CLAIMS / DMCA NOTICES
21.If you believe that any Image or other material made available by Fuel Graphics infringes upon any copyright that you own or control, you may notify Fuel Graphics in the manner set forth in our DMCA Copyright Infringement Notice Policy.
LIMITATIONS
22.You agree that you shall not:
a.Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Fuel Graphics or any third party.
b.Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
c.Violate the rights of Fuel Graphics or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
RESTRICTION AND TERMINATION OF USE
23.Fuel Graphics may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or Fuel Graphics Content at any time in Fuel Graphics's discretion, without prior notice or liability to you. Any conduct by you that, in Fuel Graphics’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.
LINKS TO THIRD PARTY SITES
24.In the event that Fuel Graphics provides links from its website to any third-party website or permits any third party to link from its website to the Fuel Graphics website, you should be aware that Fuel Graphics makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of Fuel Graphics, and Fuel Graphics provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Fuel Graphics.
WARRANTIES AND DISCLAIMERS
25.Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by Fuel Graphics under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Fuel Graphics expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Fuel Graphics makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Fuel Graphics makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that Fuel Graphics will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.
PERSONAL INFORMATION AND PRIVACY
26.Fuel Graphics will use and protect your data, such as your name and address, in accordance with the Fuel Graphics Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
INDEMNIFICATION
27.You agree to defend, indemnify and hold harmless Fuel Graphics, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Fuel Graphics Content, or your violation of any rights of another.
GOVERNING LAW AND JURISDICTION
28.These Terms of Use are governed by and shall be construed in accordance with the laws of the State of New York. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.
