Fast Society, Inc. ("Fast Society", "we", or "us") maintains the website located at www.fastsociety.com (the "Site") and allows use of and access to the Site subject to the terms and conditions below (the "Terms"). The terms "you" and "your", as used in these Terms, refer to all individuals and/or entities accessing this Site for any reason. These Terms affect your rights and you should read them carefully.
Acceptance of these Terms
By accessing or using the Site, you acknowledge and represent that you have read, understood, agree to be bound by, and accept, these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITE. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms, your use of this Site still binds you to these Terms. If you have any question about your obligations under these Terms, please email Fast Society at legal@fastsociety.com.
Changes and Updates to These Terms
Fast Society may change these Terms without prior notice. All changes to these Terms are effective immediately upon publication to the Site. We will post a notice on the Site's homepage for 30 days whenever we make a material change to these Terms. However, it is your responsibility to check these Terms periodically for changes. By continuing to use the Site after the posting of any changes, you agree to be bound by the Terms as modified. Your access and use of the Site is subject to the most current version of these Terms.
Right to Enter the Site
As long as you comply with these Terms, Fast Society grants you a personal, non-exclusive, non-transferable, limited permission to enter and use the Site. Any unauthorized use of the Site terminates the permission granted by Fast Society to enter and use the Site. No person under the age of 13 may use the site, and no person under the age of 18 may use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children.
Ownership and Use of Materials
All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (collectively, "Materials") are owned, controlled or licensed by or to Fast Society, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. You may download, print, and view Materials from the Site under these Terms as long as you use the Materials only for non-commercial, personal use and as long as you do not modify or alter the Materials. You may not copy, republish, distribute, prepare derivative works, modify, or otherwise use the Materials other than as expressly permitted by these Terms. Fast Society reserves the right to revoke at any time the authorization to view, download and print the Materials available via this Site, and you must discontinue such use immediately upon notice from Fast Society.
The rights specified above to view, download and print the Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, and other laws, and may not be copied or imitated. No trademark, service mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Fast Society in writing.
Access Limits
Without Fast Society's express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or (b) frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining Materials, lists of users, or other information.
You may not use any meta tags or any other "hidden text" utilizing Fast Society's name, trademarks, or service marks without the express written permission of Fast Society. You may not use any Fast Society logo or other proprietary graphic, trademark, or service mark as part of a link without express written permission from Fast Society. When you use the Site and its Materials for an authorized purpose, you must include all proprietary notices without changing or hiding them. You agree that you will not use the Site in any manner that is inconsistent with, or in violation of, applicable law or that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
Registration Information and Security
To obtain access to certain portions of the Site you will be required to register. When you register you will select a username and password. You agree that the information you supply during the registration process is true, accurate, current, and complete information about yourself. If the information becomes inaccurate it is your responsibility to update your registration. If Fast Society has reasonable grounds to believe that your registration information is untrue, inaccurate, incomplete, or outdated, Fast Society may suspend or terminate your use of the Site. Fast Society may disallow the use of any username that Fast Society deems offensive or inappropriate. You are responsible for preserving the confidentiality of your password and for the actions of persons accessing the Site through usernames and passwords selected by you. You agree to immediately notify Fast Society of any unauthorized use of your username or password.
Electronic Communications
If you register on the Site, you hereby authorize Fast Society to send electronic mail to you for the purpose of advising you of changes or additions to this Site, or about any of Fast Society's products or services. If you do not want to receive these emails from Fast Society, you may contact Fast Society at update@fastsociety.com to remove your email address from the mailing list. You may also receive SMS messages to you mobile phone (see "Mobile Services") depending on your activity and use of the Site.
Privacy Policy
Your privacy is important to Fast Society. Please review Fast Society's Privacy Policy, the terms of which are incorporated herein by reference. The Fast Society Privacy Policy can be found at http://www.fastsociety.com/about/privacy-policy.php
User Obligations
You agree NOT to do any of the following while using the Site:
Posting Information on the Site; Submissions
To operate the Site, Fast Society needs certain rights. When you post information, text, files, links, attachments, or other materials (collectively "User Content") to publicly visible areas of the Site (such as chat areas, message boards, profile pages, or "blogs"), you are granting, or representing that the owner of such User Content has granted, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right under all Intellectual Property Rights to use, reproduce, modify, transmit, distribute, perform, and display such User Content (in whole or in part) and/or to incorporate such User Content in other works in any form, media or technology. Subject only to restrictions in our Privacy Policy, all material, information, or ideas that you upload, publish, distribute, post, or disseminate on or through the Site will be treated as non-confidential and non-proprietary, and may be used or disseminated by Fast Society or its affiliates for any purpose. You also acknowledge and agree that Fast Society is free to use any ideas, concepts, know-how, feedback, or techniques that you provide for any purpose without any compensation to you.
You will use good judgment when posting information, comments, or other User Content regarding other users, Fast Society, or any other third party. You agree to use extra care when disclosing any personally identifiable information about yourself or others when you post or otherwise submit any User Content on the Site. You may be held legally responsible for damages suffered by other users, Fast Society, or other third parties as a result of legally actionable or defamatory comments, other comments or information, or User Content that you post to the Site. Fast Society is not legally responsible for any comments, information, or other User Content posted or made available on the Site by any user or third party, even if such information or User Content is defamatory or otherwise legally actionable. Fast Society is not responsible for and does not monitor or censor User Content for accuracy or reliability. Fast Society, however, may remove or restrict access to information or User Content posted or made available on the Site by its users or any third party if ordered to do so by a court or if Fast Society considers such information or User Content to be in violation of these Terms or posted rules or policies.
Mobile Services
In addition to the Site, Fast Society consists of a message application, SMS gateway access, data encryption, data transmission, data-access and data storage services (the "Services") to transmit and receive mobile SMS messages. While Fast Society does not charge for messages sent and received with these Services, message and data rates may apply, in which case charges will appear on your mobile telephone bill or deducted from prepaid balance.
Fast Society makes no guarantees as to the continuous availability of the Services or any specific feature(s) of the Services. Messages shall be deemed to have been delivered when Fast Society delivers the messages to the immediate destination, including mobile telephone networks, SMTP servers, or any other intermediary server/API that is designated the point of delivery for the message. Fast Society does not guarantee delivery on behalf of mobile telephone providers, nor makes any guarantees to its network coverage. We provide extensive coverage to the majority of carriers, yet Mobile providers/carriers may opt to not be part of the Fast Society network, resulting in undelivered messages. We reserve the right to change or terminate the service and/or alter the terms and conditions of this Agreement at any time with 14 days notice.
Fast Society assumes no responsibility or liability for the failure to store information regarding users information, contact list and/or recently transmitted messages. While we take every measure possible to ensure the fastest possibly message delivery, messages may be delivered late due to network traffic or queuing.
Fast Society reserves the right in the future, with prior notification, to limit or adjust the Services available to you, including but not limited to setting a limit on the amount of text messages available for each event, limiting the total number of events you may create, or placing a threshold on the number of people you can add to an event.
When creating mobile groups with Fast Society, make sure you understand the number of text messages that are included in your wireless plan. Msg frequency depends on usage. Fast Society does not charge for messages sent or received with the service, but carrier message and data rates may apply. Account holder agrees charges will appear on cell bill or deducted from prepaid balance. For help, text HELP to 32787 or email help@fastsociety.com at any time. To stop service at any time, text STOP to 32787.
Links to External Sites
Fast Society provides links on the Site to other independent websites on the Internet that are owned and operated by third party vendors or other third parties not under the control of Fast Society. These links are not intended as an endorsement by Fast Society of the entity or individual operating the website or a warranty of any type regarding the website or the information on the website. By using this Site, you acknowledge that Fast Society is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of, or reliance on, any such content, goods or services available on or through any such site or resource.
Accuracy of Information on the Site
Fast Society attempts to provide only accurate information, but some inaccuracies may occasionally be present. By using the Site you acknowledge that Fast Society will not be liable or responsible for any damage or loss caused by, or in connection with, the use of, or reliance on, any information on the Site. If you find any information on the Site to be inaccurate, please alert Fast Society at legal@fastsociety.com.
Termination
Fast Society may terminate your use of or access to the Site for any reason or no reason at all, including if we believe that you have violated or acted inconsistently with these Terms. Fast Society may also modify or discontinue providing the Site, or any part thereof, with or without notice. Fast Society is not liable to you or any third-party for any termination of your access to the Site, any modification or termination of the Site, or any resulting loss in data.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fast Society AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Fast Society HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
Dealings with Advertisers or Partners
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners, found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that advertiser or partner. You agree that Fast Society is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
Intellectual Property
All Materials are the property of Fast Society or the parties specifically indicated, and are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"). Except as expressly provided in these Terms, Fast Society does not grant any express or implied right to use the Materials. The collection, arrangement and assembly of any Materials are the exclusive property of Fast Society or its licensors, and protected by U.S. and international intellectual property laws, including copyright laws. All software used on this Site is the property of Fast Society, or its software suppliers, and protected by U.S. and international intellectual property laws, including copyright laws. "Fast Society", " Fast Society " and associated Fast Society design, and any other Fast Society graphics, logos and service names are trademarks of Fast Society. All other marks contained on this Site are the property of the parties indicated.
Indemnity
You agree to indemnify, defend and hold Fast Society, and its subsidiaries, affiliates, officers, agents, co-branded partners or other partners, and employees, harmless from any claims, damages, expenses (including reasonable attorneys' fees), allegations, losses and liabilities arising from or related to (a) any violation by you of these Terms, (b) your use of the Site, (c) User Content that you submit, post to, or transmit through the Site, (d) your access to or use of linked sites, and (e) any dealings between you and any third parties advertising or promoting via the Site.
Notice and Procedure for Making Claims of Copyright Infringement.
If you have a claim of copyright infringement, you must send proper written notification under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") to the following Designated Agent:
Attn: Designated Copyright Agent
c/o Fast Society, Inc.
10 Downing St. Suite 6D
New York, NY 10014
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site. Fast Society has no obligation to respond to any notification that does not comply with the DMCA.
Void Where Prohibited
The Site is controlled, operated and administered by Fast Society from its offices in New York City, NY, U.S.A. Although the Site is accessible worldwide, not all features, products or services offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Fast Society reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are responsible for complying with applicable local laws.
Choice of Law; Dispute Resolution
All matters relating to your access to and use of the Site, including purchases made on the Site, are governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be resolved, individually, through binding arbitration in New York City, New York using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can address such grievances through arbitration only and you are hereby consenting to do it in New York City, New York, using New York's laws (without regard to New York's rules on conflict of laws). To the fullest extent allowed by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in New York City, New York as necessary to protect the party's rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York City, New York.
General
If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effect the intent of the parties as reflected by that provision, and the remaining portions of these Terms will be given full effect. Fast Society's failure to act in a particular circumstance, including any failure by Fast Society to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. Fast Society will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. Fast Society may assign its rights and obligations under these Terms to an entity that acquires all or substantially all of the assets of Fast Society or to any subsidiary or successor in a merger or acquisition involving Fast Society. These Terms constitute the entire agreement between Fast Society and you with respect to your access to or use of the Site, superseding any prior agreements between you and Fast Society with respect to your access to or use of the Site (including any prior versions of these Terms).
Last updated: January 25, 2010