Terms & Conditions
The terms and conditions set forth below (the “terms”) govern you and your relationship with us while on this site on the World Wide Web (the “site”) and in connection with your use of this site, and are legally binding on you. If you do not agree with any of the terms, please do not access or otherwise use this site or any information contained on this site. Your registration and/or your use of the site shall be deemed to be conclusive evidence that you have read these terms, understand them, and agree to each and every one of them. All references herein to “you”, “your” or the like shall be deemed to mean the person visiting or using this site and/or the person registering to use this site, to submit photos or other information, or to obtain products or services from this site.
All Fomyo original and owned information, documents, products and services, logos, graphics, and images (the “Materials”) provided on this site are copyrighted or trademarked and are the property of Fomyo. Fomyo.com is a service of and a mark owned by Rocksbee Designs LLC, and references to “we”, “us”, “Fomyo”, and similar words shall be deemed to be references to this service and/or to Fomyo, as applicable to the content of the reference. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, privacy laws and/or communications laws, and Fomyo intends to enforce all of its rights and privileges under such laws. Neither Fomyo.com nor its parent company, Fomyo, claim to or imply to be directly affiliated with the manufacturer(s), brand(s), company(s) or retailer(s) of the products listed on this website, and in no way claim to represent or own their trademarks, logos, marketing materials, or products. None of the companies that produce, manufacture, promote, or distribute the products listed on this website own, endorse, or promote Fomyo.com or Fomyo
Fomyo, grants you the limited right to display the Materials only on your personal computer for your personal use. You agree not to use the Materials for any other purpose without the prior written consent of Fomyo, Specifically but without limitation, you agree not to reproduce, redistribute, sell, publish, broadcast or circulate any information contained in the Materials to anyone, including others in the same company or organization. You may not post content from this site to news groups, mail lists, or bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter or enhance any of the materials in any manner. You agree not to “frame” or “mirror” any Materials or third-party content contained on this site on any other server or internet-based device without the advanced written permission of Fomyo or its licensors, respectively. The limited license granted to you hereby terminates automatically, without notice to you, if you breach any of the terms hereof.
This site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by Fomyo, Such links do not constitute an endorsement of such other sites by Fomyo, and you acknowledge that Fomyo, is providing these links to you only as a convenience, and you further agree that Fomyo is not responsible for the content of such sites or your use of such sites. Companies and their logos featured on this site may not be affiliated with Fomyo,
You agree that all photos and materials that you submit or transmit to us are owned solely by you and that you assume total, exclusive responsibility and liability for their content and use. You grant Fomyo the perpetual right to use and edit your photos on our site, as well as for marketing purposes. You also agree that you will not upload or post any photos or other content that is or may be threatening, profane, harassing, defamatory, unlawful, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or which may give rise to civil or criminal liability under any applicable law. You further agree that you will fully indemnify and hold Fomyo harmless of, from and against any liability, loss, damages, costs and attorneys fees that may be alleged against or incurred by Fomyo, as a result of any and all claims by third parties or law authorities related in any manner to your photos and materials or the use thereof regardless of whether or not Fomyo, pre-screens your content. Fomyo, reserves the right to edit or remove content which violates or which they reasonably believe violates any of the foregoing provisions or any law.
Although we attempt to monitor the accuracy and timeliness of materials or third-party content, Fomyo, does not warrant the accuracy or timeliness of same. Accordingly, you acknowledge that this site may include certain inaccuracies or typographical errors which may affect the quality of materials and third-party content and you specifically totally release Fomyo, and its agents and employees from liability for any errors and/or omissions in the materials and third-party content, whether provided by Fomyo, or any third-party.
You must be at least eighteen (18) years of age to register a valid contestant in the Fomyo contest and you specifically represent that you are at least eighteen (18) years of age and that you have authority to register for the contestant, to make representations for the contestant, and to utilize this web site for the contestant.
YOU AGREE THAT FOMYO, SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR, AND YOU INDEMNIFY AND HOLD FOMYO, HARMLESS OF, FROM AND AGAINST, ANY LIABILITY, LOSS, DAMAGE, COST AND/OR ATTORNEY’S FEES INCURRED BY FOMYO AS A RESULT OF YOUR DISPLAY, COPYING OR DOWNLOADING INFORMATION OR MATERIAL CONTAINED ON THIS SITE OR YOUR USE OF THIS SITE IN ANY WAY. THE FOREGOING RELEASE, INDEMNIFICATION AND HOLD HARMLESS PRECLUDES ANY LIABILITY BY FOMYO, TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT EVEN IF FOMYO, HAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH POSSIBLE DAMAGE. IN THE EVENT THE FOREGOING IS HELD UNENFORCEABLE IN ANY WAY, YOU AGREE THAT ANY LIABILITY THAT FOMYO, MAY HAVE OR MAY BE ADJUDICATED TO HAVE SHALL BE LIMITED TO RETURN OF ANY FEES PAID TO FOMYO BY YOU IN CONNECTION WITH THE REGISTRATION OF A CONTESTANT OR THE USE OF THIS SITE.
There are no representations, promises or warranties other than those, if any, expressly made at this web site. Specifically, but not by way of limitation, Fomyo and its agents and assigns, make no representations, promises or warranties of your success or failure by submitting photos pursuant to this web site and these rules.
THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ANY SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY US AND WAIVED BY YOU.
If you violate the terms of this site, Fomyo reserves the right to terminate service to you without further notice or explanation. Although Fomyo’s preferred course of action is to advise you of your violation of terms, breach or inappropriate behavior, and to suggest corrective action, Fomyo is not bound to do so and may exercise its right to terminate at any time. Any action related to these Terms will be governed by New York Law and controlling U.S. Law without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to the jurisdiction of the courts located in Nassau County, New York, for the resolution of any and all disputes arising from or related to these Terms and/or your use of the site, and you specifically waive the right to bring an action in any other forum, and in the event you bring action in any other forum Fomyo, shall have the right to have same dismissed or transferred to the contractual forum agreed to above. The failure of Fomyo to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless such waiver is acknowledged and agreed to by Fomyo in writing. The Terms comprises the entire agreement between you and Fomyo and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the relationship between them. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the site.
How do I cancel my account?
Please contact our customer support, [email protected]
Collection and Use of Private Information
We collect the following types of Private Information about you from the following sources:
• Information we receive from you on sign-ups, membership or other forms, i.e. your name, address, e-mail, phone or fax number and family demographics.
• Information about your transactions with us, our affiliates, or others, such as your entry to contests and registration for information and services.
In order to provide you with related product and service offers, we may disclose Private Information about you with trustworthy and reputable third parties such as:
• Product-related businesses that we deem appropriate to cross-promote and create marketing partnerships with
• Non-product related, but value oriented values and incentives we deem valuable to our member.
• Use for identity recognition and verification
We use reasonable security methods to contact all data that we collect and store, including but not limited to personal information, demographic information, and financial information. However, we cannot and do not insure that our systems are impenetrable or that data is not intercepted while being transmitted to or from us over the Internet or by other means. In the event we sell or transfer all or a substantial portion of our assets, then we reserve the right to transfer to a third-party any and all data and information that we have obtained or have stored. We also reserve the right to disclose any and all information and data that we have obtained or have stored to appropriate law enforcement authorities if we reasonably suspect that a user of our web site or of services or products made available through the use of our web site is engaging in or has engaged in any illegal activity.
By becoming a member of Fomyo, you may receive emails including special offers and promotions from Fomyo. You may opt out from receiving Fomyo emails, by clicking the unsubscribe button included in all of our emails.
Your Acceptance of These Terms
VOID WHERE PROHIBITED AND/OR RESTRICTED BY LAW- all participants in or outside The United States must comply with their local laws.