You (“User”) agree with Reputation Data Corp. and fabulousperson.com (“fp”) that fp may use your name and any photographs submitted to us by you, User, in connection with the fp website, including on marketing materials therefore. User hereby assigns and licenses all rights, including copyrights, to use User’s name and submitted images to fp for use on, in and in relation to the fp website (including for search engine submissions). User understands and agrees that User’s name and fp profile will turn up in search engine results to which User agrees and consents.
User agrees that fp may post any comments about User which User approves where such approval comes from the email address used by User to sign up for User’s fp profile, and User hereby releases fp and its officers, directors and employees and hold such parties harmless from any and all loss, cost, liability, injury, damages, expenses, legal actions and lawsuits in connection with or related to or resulting from the posting of comments, statements and images which User has approved and permitted to be posted per User approval from the email User used to request the establishment of User’s profile. All information provided by User with User’s request to create an account may be posted on User’s fp profile except for User email (and except for User’s Fb URL if User elects such URL to be private).
User agrees and understand that, notwithstanding anything to the contrary on the fp website, the fp service is free only until further notice of fees or payments being required, at which time User has the option to decide to pay or have User’s profile and account closed, in which case, people who search for User on the Internet or click on links from search engines will find that such User’s profile on fp is no longer active. fp may remove or block Use’s profile at anytime for any reason, in fp’s discretion.
User understands that once User’s profile is indexed by search engines, the use of the profile is out of the control of User and/or of fp, and User hereby release fp from any liability for any loss, cost, damage, harm, injury or expense resulting from or related to use of such content by any search engine or by any third party.
This Agreement and our services may be amended from time to time, in which case User hereby agrees to the terms of such service and agreement changes and amendments.
User’s page and all content and comments thereon is and are the sole property of fp.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to the conflicts of laws provisions thereof. The parties hereto hereby consent to and submit to the jurisdiction of the federal and state courts located in the State of New York. The parties waive any defenses based upon lack of personal jurisdiction or venue or inconvenient forum.
Notwithstanding anything to the contrary herein, all disputes and controversies arising under or in connection with this Agreement shall be settled by arbitration conducted before a panel of three (3) arbitrators sitting in New York City, New York in accordance with the rules for expedited resolution of commercial disputes of the American Arbitration Association then in effect. The determination of the majority of the arbitrators shall be final and binding on the parties. Judgment may be entered on the award of the arbitrator in any court having proper jurisdiction. The expenses of the arbitration shall be borne equally by the parties thereto, but each party shall bear the entire cost of its or his attorney’s fees and disbursements. The arbitrators sitting in any such controversy shall not have the authority or power to modify or alter any express condition or provision of this agreement, or any modification thereof, or to render any award by which its terms has the effect of altering or modifying any express condition or provision of this agreement, or modification thereof. The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.
All prior agreements, if any, between the parties hereto, verbal or otherwise, are merged herein and superseded hereby, This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein contained, and this Agreement cannot be changed, rescinded, amended or terminated except in a writing signed by both parties. Facsimile/emailed copies of signatures and initials hereon operate with and have the same legal effect as originals thereof. Electronic or digital signatures hereon and any boxes checked on the fp website in agreement herewith, operate with and have with the same legal effect as handwritten signatures hereon would have. This agreement may be assigned by FP to a related entity or to any entity owned or controlled by the same person(s) who owns or controls fp. User may not assign its rights hereunder.