Last Updated: March 3, 2021
We want the Faraway Bae community to be FUN, and in order to make sure the community is fun for everyone, we have some rules. The most important one is: BE NICE. We have zero tolerance for harassment or violence of any kind. Faraway Bae is a platform that allows you to engage with others- and we provide certain features to facilitate such engagement. However, the risk in engaging with third parties is your own. We advise you to investigate to your satisfaction any third parties with whom you engage on our platform. We advise you to carefully review these updated Terms in their entirety (including the Privacy Policy).
1. Our legal relationship
We created the Faraway Bae application (“Application”) and the website at farawaybae.com and associated webpages and subdomains (“Website”) in order to facilitate a community among viewers of events, television programs, and other content. Our Terms and Conditions of Service (the “Terms”) govern your access and use of our Application/Website and participation in our Services and apply to (i) casual visitors to our Website and (ii) individuals who download the Application and/or participate in the Services (“Registered Users”). For purposes of these Terms, the terms “Company,” “Some Whatever,” “Faraway Bae,” “we,” “us,” and "our" refer to Some Whatever LLC. If you are applying to appear in our content or shows (“Productions”), then your legal relationship is with Five Hudson LLC.
The Terms include our Privacy Policy, which describes how we collect, use, and disclose personal data that we may collect through our Application/Website and Services. The Services include User Content, including your username and account information, any form of content such as live video broadcasts, pre-recorded video blogs (“vlogs”), comments, digital images, audio files, and any other forms of media that you create and upload or post to (or otherwise transmit over) our Application. Please read the Privacy Policy carefully.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OR ACCESS OUR APPLICATION/WEBSITE OR PARTICIPATE IN OUR SERVICES.
2. Your Account
2.1. Protecting Your Account. We may make the Application and certain areas of the Website accessible only to Registered Users. If we do so, we will treat anyone who is using your account as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of any person using your account. Since we allow for signing up and logging in to your account through Short Message Service (SMS) text messaging on your mobile device, we recommend that you exercise precautions to safeguard your mobile device and your account information from unauthorized use or access by third-parties, and that you refrain from disclosing your mobile phone number and your account information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services. We also ask that you notify us immediately if you suspect that someone is using your account in this or any inappropriate manner. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.
2.2. Adopting a Username. Do not adopt a username that impersonates or otherwise suggests some relationship or affiliation with another person or entity. We reserve the right to require changes to any username that violates this policy in our sole discretion.
2.3. Consent to receive SMS text messages. The registration process provides Registered Users with the ability to establish an account through Short Message Service (SMS) text messaging, which allows them to gain access to certain areas of the Website and Application that are accessible only to Registered Users. By becoming a Registered User, you consent to receiving a SMS text message from us as part of the registration process.
2.4. Age Eligibility. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR APPLICATION/WEBSITES AND SERVICES. The content on our Application is for MATURE AUDIENCES ONLY, and we do not permit anyone under the age of 18 (or the applicable age of majority in a user's jurisdiction) from downloading, registering, accessing, or otherwise using our Application and any related Services.
3. Ticketed Events
3.1. Events. As part of the Services, we may offer certain live and pre-recorded broadcasts and other content for purchase and consumption on the Website/Application (“Events”). If you purchase a ticket to an Event, you are purchasing a limited, non-transferable, revocable license to watch or otherwise participate in the Event. A ticket is not redeemable for cash. Events may include functionality such as the ability to comment in a live chat room or send virtual gifts and tips (“Additional Functionality”). We may make available any or all Additional Functionality on some of its platforms (mobile and/or web) and not others. We may introduce new Additional Functionality or discontinue any or all Additional Functionality in its sole and absolute discretion.
3.2. Event Providers. If Events are offered, we will act as an agent to those who provide these Events, such as artists, artist representatives, fan clubs, venues, and promoters ("Event Providers"). We generally sell tickets on behalf of these Event Providers, though in some instances we may organize or provide our own Events or own a small number of tickets as part of our relationship with an individual Event Provider. In all cases, we handle the transaction and payment collection for Events. Tickets obtained from unauthorized sources are immediately void and do not grant you a license to access or view the Event.
3.3. Purchasing a Ticket. When purchasing tickets, you will be required to provide your mobile phone number. We ask for your mobile phone number because Events are hosted by Faraway Bae, which requires authentication via an SMS message. See Section 2 (Your Account) for more information. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price in effect when such charges are incurred (including any applicable taxes). Tickets purchased on our Website may be subject to a per ticket service fee and/or a per order processing fee. You may only use credit or debit cards that belong to you or to people who expressly authorize you to use such payment methods. If the amount you pay for a ticket is incorrect (whether because of an error in a price posted on the Website or otherwise communicated to you, or you are able to order a ticket that was not supposed to have been released for sale, or for any other reason), then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether the error occurred because of human error or a transactional malfunction of this Website or third-party vendor. We will not be liable for any other expenses that you, or anyone else, incurs in connection with errors of this nature. When purchasing tickets, please place an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets, errors occurring during the purchase process, or timer expiration on the purchase. All ticket prices for events that occur in the United States are stated in U.S. Dollars. If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. It is possible that only you (not us) may be aware of problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. If you have any questions about how to purchase an Event ticket or encounter any issues with a purchase, please review our Frequently Asked Questions (FAQ) or contact us at events@farawaybae.com
3.4. Delivery of Tickets. Tickets are assigned to you using your mobile phone number. To access the Event, log in to the Faraway Bae Application using the same mobile phone number you used when purchasing a ticket. You may receive an SMS text message with a code, in which case you will be required to enter the code on the Application in order to access the Event. If you have any questions about how to access an Event, please review our Frequently Asked Questions (FAQ) or contact us at events@farawaybae.com.
3.5. Refund Policy; Ejection. Before purchasing tickets, carefully review your Event. The purchase of an Event ticket is non-refundable and non-returnable except in our sole and absolute discretion. Occasionally, Events are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund procedures for that Event ticket. If an Event is canceled, we will issue you a refund to the credit card, debit card, gift card or the method of payment used to make your purchase. You agree to comply with our Terms and all of the Event Providers' applicable rules, policies, terms and conditions as may be provided for each Event (“Event Provider Rules”). We and Event Providers reserve the right, without refund of any amount, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language, or who fails to comply with our Terms and the Event Provider Rules. Breach of our Terms or Event Provider Rules will terminate your license to attend the event without refund.
3.6. Recording; Likeness; Publicity Rights. You agree that the Event for which you purchase tickets is a public event, that your appearance and actions at the Event are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Event. In addition to the rights you grant us throughout these Terms, you grant permission to us, the Event Provider(s), our partners, licensees and assigns, including but not limited to our brand and media partners, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during or after the broadcast or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
3.7. Ticket Limit. When purchasing tickets, you may be limited to a specified number of tickets for each Event (“Ticket Limit"). This policy is in effect to discourage unfair ticket buying practices. Multiple accounts may not be used to circumvent or exceed published ticket limits. We reserve the right to cancel any or all orders and tickets, in addition to prohibiting your ticket purchase abilities, without notice to you, if you exceed or attempt to exceed, the posted Ticket Limit.
3.8. Unlawful Resale of Tickets; Promotions. Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our Terms. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us. Any attempt to sell or transfer tickets, except as expressly permitted by us, will result in an automatic termination of your ticket license.
3.9. Account Accuracy. All information on accounts and orders must be valid. Orders that are placed, or attempted to be placed, using an account in which any information entered is found to be false, misleading, incorrect, incomplete or cannot be verified as belonging to the account holder, such as name, address, email address, phone number, IP address, or other, are subject to cancellation, at any time. Furthermore, we may cancel your order and sell your tickets to another customer without further notice. Orders are subject to credit card approval. You agree not to conceal, or attempt to conceal, your location via a VPN or other software.
4. Your Rights
4.1. Grant of Rights to Registered Users. Subject to Your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Application and Some Whatever Content (defined below) solely for Your personal purposes, provided that you do not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Application or the Some Whatever Content to any third party; (ii) modify or make derivative works based upon the Application or Some Whatever Content; or (iii) reverse engineer, reverse compile, or access the Application or Some Whatever Content in order to build a competitive product or service. You may access and view certain other areas of the Website and features of the Application accessible only to Registered Users, for use solely in conjunction with the Application and Services and as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Application, Some Whatever Content or Services.
4.2. Duration of Rights. You will continue to enjoy your rights under Section 4 (Your Rights) for as long as you are a Registered User, unless your account is revoked or suspended for misconduct, as set out in Section 12 (Suspension of Use).
5. Our IP Rights
The information, software, artwork, text, video material, audio material, articles, pictures, graphics, other media, trademarks, trade dress, logos, brand elements, the look and feel of the Application and Website, and other intellectual property embodied in the Application, Website, or Services (collectively, "Some Whatever Content") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries, and are owned by and/or licensed to Some Whatever, or are used under the principles of fair use.
Company and its licensors retain all rights with respect to the Application, Website, Services and the Some Whatever Content except those expressly granted to you in these Terms. You agree not to copy, duplicate, publish, display, distribute, modify, upload, share (other than as contemplated in these Terms). or create derivative works from the material presented through the Application, the Website and/or through the Services, in whole or in part, unless specifically authorized in writing by Company.
The trademarks, logos, and service marks displayed on the Website and Application (the “Trademarks”) are the trademarks of Some Whatever and other parties. You do not have, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of Some Whatever or the third party that owns the Trademark specific for each such use. Your use of the Trademarks, except as provided in these Terms, is strictly prohibited. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the Trademark owner’s benefit, whether Some Whatever or a third party.
Elements of the Website and Application are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of these elements may be retransmitted without our express, written consent for each and every instance.
6. Engaging with Third Parties
The Services contain features that connect you with third parties (including, without limitation, other Registered Users and Verified Users) and third-party content (including, without limitation, live and pre-recorded videos, message boards, Direct Messages, and Linked Sites, as those terms are used throughout these Terms). Your interaction with these third parties are solely between you and such third parties. If there is a dispute or disagreement between you and any third party, we are under no obligation to settle the dispute or to become involved in any other way. We recommend you investigate to your satisfaction any third parties with whom you engage on our Application/Website, including sending and receiving Direct Messages, and in videos, message boards, and other features. We are not a party to any agreement between one or more Registered Users.
You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as a result of engaging with third parties on our Application/Website or through our Services; in the event you have a dispute or disagreement with any third party, you release us and our affiliates, and all of our officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or disagreements.
7. In-App Purchases
7.1. Purchases. Through the Application, the Company may allow you to purchase (“In-App Purchase”) virtual currency such as coins (“Coins”) and virtual items and services (“Virtual Goods”). You acknowledge and agree that you are fully responsible for managing such In-App Purchases and the amounts you spend on In-App Purchases. In-App Purchases are designed to enhance the performance of the Services, and no purchase is required in order to use the Application.
7.2. Currency. All charges and payments for Coins and Virtual Goods will be made in the currency specified at the point of purchase. Currency exchange settlements and foreign transaction fees, if any, are based on your agreement with your payment method provider.
7.3. Permissions. If you are not of legal age in the jurisdiction of your residence, then you must have your parent’s or guardian’s permission to make an In-App Purchase. By completing an In-App Purchase, you are confirming that you have obtained any and all permissions that may be necessary in order to allow you to make that In-App Purchase.
7.4. Replacements. The Company may redistribute previously purchased copies of Virtual Goods, if, in the Company’s sole determination, a purchaser of such Virtual Good received a corrupted or otherwise damaged item. The Company will not charge a Registered User a fee for a redownload. If a Virtual Good you have purchased is corrupted or otherwise damaged, then please send an email explaining the problem and the circumstances under which such problem arose to legal@farawaybae.com. The Company may terminate, in its sole and absolute discretion, the account of any Registered User that is deemed to be abusing this provision.
7.5. No Refunds. The price for each In-App Purchase will be displayed at the point of purchase. All In-App Purchases are final, and the Company does not offer refunds for any In-App Purchases. For the purposes of this paragraph, an In-App Purchase is complete at the time our servers validate your purchase and the applicable Coins are successfully credited to your account on our servers. If you cancel your account or if we suspend or terminate your account in accordance with these Terms, you may lose any Coins you may have, and we will not compensate you for this loss or make any refund to you.
7.6. No Value Outside the Application. Coins have no monetary value and can never be exchanged for real money, real goods, or real services from us or any third party. Coins are a centralized virtual currency and, as such, have no speculative value and are not capable of being exchanged on any virtual currency exchange. You acknowledge and agree that Coins are not transferable to anyone else, and you will not transfer or attempt to transfer any Coins to anyone else.
7.7. Platform Provider. When you make an In-App Purchase, you are doing so through either Apple iTunes or Google Play ("Platform Provider"), depending on the platform from which you originally downloaded the Application, and you agree to their respective terms and conditions (available at https://www.apple.com/legal/internet-services/itunes/us/terms.html and https://play.google.com/intl/en_us/about/play-terms.html). If you wish to confirm your purchase, or if you have any questions about your purchase, please consult your platform provider.
7.8. Changes to Pricing; Changes to In-App Purchases. The Company may revise the pricing for Coins and Virtual Goods at any time and may limit the total amount of Coins that may be purchased at any one time and/or the total amount that may be held in your account in the aggregate. The Company may modify, revalue, or make In-App Purchase more or less common, valuable, effective, or functional. If Company modifies, suspends or terminates any Virtual Goods, then you will forfeit the modified, suspended, or terminated Virtual Goods. Likewise, except as set forth in this section or as required by applicable law, the Company is not responsible for repairing or replacing your Virtual Goods, or providing you with any credit or refund or any other sum, in the event of: (i) the Company’s change, suspension or termination of any Virtual Goods; or (ii) for loss or damage due to Service error, or any other reason. The Company reserves the right to terminate Virtual Goods for cause immediately at its sole discretion without advance notice or liability. In such event you will not be entitled to a pro-rata refund or credit.
7.9. Limitation of Liability With Respect to In-App Purchases. Without limiting Section 7.8 (“Changes to Pricing; Changes to In-App Purchases”) and Section 16 (Disclaimer, Indemnity, and Limitation of Liability), the Company has no responsibility whatsoever for injuries, losses, or damages of any kind that result from the purchase, possession, or use of any Coins or Virtual Goods. THE COMPANY IS NOT RESPONSIBLE FOR LOST OR STOLEN USERNAMES AND PASSWORDS, OR ANY LOST OR STOLEN COINS. THE COMPANY IS UNDER NO OBLIGATION TO CREDIT AN ACCOUNT WITH COINS THAT MAY HAVE BEEN LOST OR FORFEITED DUE TO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, SOFTWARE MALFUNCTIONS, RE-REGISTRATION, BREACH OF SECURITY, FRAUD OR INADVERTENT ENTRY INTO YOUR ACCOUNT. THE COMPANY’S DECISIONS ON ALL MATTERS RELATING TO YOUR ACCOUNT SHALL BE FINAL AND BINDING IN ALL RESPECTS. THE COMPANY IS NOT RESPONSIBLE FOR CHANGES TO, OR DISCONTINUANCE OF THE IN-APP PURCHASE PROGRAM, OR FOR ANY EFFECT ON OR DEVALUATION OF REWARDS CAUSED BY SUCH CHANGE, DISCONTINUANCE, OR WITHDRAWAL. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER YOUR USE OF COINS COMPLIES WITH APPLICABLE LAW IN THE JURISDICTION YOU RESIDE.
8. Fan Points
8.1. Fan Points. Registered Users can buy Coins and use those Coins for the benefit of another Registered User (a "Broadcaster") by, for instance, boosting comments, co-hosting a live broadcast (guest star), and sending animations and other virtual gifts. Broadcasters may earn points (“Fan Points”) every time a Registered User uses Coins for the benefit of such Broadcaster. If Fan Points are offered,the Broadcaster will then be able to convert Fan Points into United States Dollars (“USD”), or redeem Fan Points for USD, via PayPal. Fan Points are virtual tokens that are licensed to you. Each Fan Point is, in effect, a limited, non-exclusive, personal, royalty-free, non-transferable and non-assignable license of a virtual token through which the Application enables Broadcasters to monetize their experience using the Application in a manner permitted by our Terms.
8.2. PayPal. Subject to the other terms and conditions herein, Broadcasters may convert Fan Points into USD, or redeem Fan Points for USD, by selecting the “CASH OUT” option within the Application. The use of PayPal shall be subject to the terms, conditions, and privacy policies of PayPal, located at https://www.paypal.com. The Company reserves the right to replace PayPal with another provider of such services at any time.
8.3. Fan Points are Not Money. You acknowledge and agree that Fan Points are not real or electronic money, or any type of financial or payment instrument, or linked to any of these, and are not a substitute for any currency or legal tender. We do not promise that Coins will be reflected as any guaranteed number of Fan Points, or that Fan Points can be used to redeem any guaranteed sum of money, or any money at all. The conversion rate of Fan Points to USD will be determined by us, in our sole and absolute discretion, and the conversion rate is subject to change at any time. The amount of USD you will receive may be based in part on the type of virtual gifts you receive (whether they be animations, boosted comments, a guest star, or something else), the amounts of such gifts, and the popularity of your content, to be determined in our sole and absolute discretion.
8.4. Validity of Fan Points. Fan Points do not expire, but the Company may, in its sole discretion, extend or revise all, or revoke earned Fan Points in the event of fraudulent or illegal activity or other violation of the Terms. The Company may, in its sole discretion, elect to cancel the Fan Points program. If, however, you have a balance of Fan Points and the Company elects to cancel the Fan Points program or you terminate your use of the Application, the Company may, in its sole discretion, permit you to cash out any Fan Points remaining in your account. The Company is the final authority on your qualification for Fan Points and reserves the right to deduct Fan Points from your account at any time if Fan Points were credited in error. The Company reserves the right to deactivate or terminate your Faraway Bae account under the following circumstances: 8.4.1. Fraudulent activity occurs; 8.4.2. You use the receipt of Fan Points to force another Registered User to take, or omit to take, some action; 8.4.3. You use Fan Points in a manner that violates applicable law; 8.4.4. You request an account closure; 8.4.5. You do not respond to repeated communication attempts regarding the status of your account; 8.4.6. You reside in or relocate to a jurisdiction where Fan Points are prohibited under applicable law; or 8.4.7. Any other reason in accordance with these Terms.
8.5. Fan Points are Non-Transferrable. Fan Points may not be sold, attached, seized, levied upon, pledged, or transferred under any circumstances, including, without limitation, by operation of law. The attempt of any of the foregoing is prohibited, and the Company reserves the right to terminate or deduct Fan Points from your account if you violate these Terms.
8.6. All Fan Points of a Registered User will expire automatically upon deletion or termination of such User’s account for any reason.
8.7. FAN POINTS ARE VOID WHERE PROHIBITED BY LAW.
9. Subscriptions
9.1. Purchasing a Subscription. Subscriptions to exclusive content within the Application (“Subscriptions”) are designed to enhance your experience with the Application, and you are not obligated to purchase a Subscription in order to enjoy our Services. You may purchase a Subscription, if available, by making an In-App Purchase through your Apple iTunes or Google Play account from the profile page of the user you wish to subscribe to, where available. You will be charged a fixed price per month, which we will specify to you in the Application prior to your purchase. Your Subscription will automatically renew unless you cancel at least 24 hours prior to the end of the period for which you paid (“Subscription Period”).
9.2. Termination of Subscription; No Refunds. In certain situations, you may lose access to Subscription-only content, if, for instance, you cancel your Subscription, if the Subscription creator blocks you, if the Subscription creator cancels their Subscription or deletes their account, if your payment method fails, for technical reasons, or for any other reason. If you cancel your Subscription at least 24 hours prior to the end of the Subscription Period, you will retain access to your Subscription through the end of the Payment Period, and your Subscription will not automatically renew. We do not issue refunds for Subscriptions.
9.3. General. While we are not responsible for the quality or timing of Subscription-only content, we may proactively review Subscription-only content, and we investigate reports of potential violations of these Terms. We are constantly testing out new features with the goal of making our Application better, and we may change or stop offering the Subscriptions feature, or restrict your ability to create or access a Subscription, at any time, for any reason, at our sole and absolute discretion. If you encounter any issues with a Subscription, please contact us at hello@farawaybae.com.
10. Rights You Grant Us
10.1. Grant of Rights to Company in User Content. You own the User Content you submit on our Application/Website. However, by submitting User Content, you grant Company the royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, copy, reproduce, reformat, index, modify, distribute, perform, publicly display, or prepare derivative works of such content. The purpose of this license is to allow us to operate our Services, promote our Services, and promote your content on our Application/Website. No compensation will be paid with respect to Company's use of your User Content under this grant.
10.2. Registered User Comments/Feedback. Our Website and Application may allow Registered Users to provide comments or feedback regarding our Website, the Application, and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Application/Website and our Services, and for marketing purposes.
10.3. Rights/Permissions You Must Have in Your Submitted Content. In submitting User Content, you warrant that you have sufficient authority and rights to post such Content and to provide us these use rights.
10.4. Right to Remove Submitted Content. We expressly reserve the right to remove any User Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy or is incompatible with the purposes of the Application or Website.
11. Code of Conduct
As a condition to your use of the Application/Website and the Services, you agree to follow our Code of Conduct (“Code”) set out below. The Code applies to any User Content you submit, including (but not limited to) video broadcasts (live or prerecorded), and comments.
Be nice. We want to foster a safe, fun, and positive community for all of you. Do not upload or otherwise transmit any User Content that is unlawful, abusive, obscene, harmful, or hateful. It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. Do not engage in the harassment of anyone, or incite other people to do so. Do not direct abuse at someone by making unwanted sexual advances or objectifying them in a sexually explicit manner. Similarly, we do not allow any content that glorifies violence because such content only serves to intimidate, harass, and exclude others.
Be supportive of other users in our community. Do not encourage suicide or self-injury, or post any content that includes real-time depictions of such behavior or any other content that might lead others to engage in similar behavior. Self-injury is defined as the intentional and direct injuring of the body, including self-mutilation and eating disorders, even without suicidal intent.
Post only content that is appropriate for diverse audiences. While users must be eighteen years of age or older, please remember that everyone has different sensibilities. For that reason, do not post any content that contains nudity or pornography or is otherwise objectionable. We have no control over how others may use your User Content; even content shared with good intentions is susceptible to misuse by others in unanticipated ways. Respect the privacy of others. Do not disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent. Do not record or screenshot another User’s User Content, including live video broadcasts and text-based comments; the one (and only) exception to this policy is if you do so through the “Share Broadcast” feature on the Application, which allows you to share another User’s User Content to other platforms. Be truthful. Do not post material that is intentionally false, inaccurate, misleading, unlawfully threatening, unlawfully harassing, or defamatory. Do not impersonate individuals, groups, or organizations in a manner that is intended to mislead, confuse, or deceive others. You may post parody or commentary, but only if it is clearly identified as such and only if you do not engage in any spamming or abusive behavior. Share only the content you’ve created or have the right to share. Do not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as television shows, music, videos, games, images, and text in electronic form -- can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. You may not transmit these materials over the Application or the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal. Do not upload, share, or otherwise transmit over the Application any User Content that includes television content (such as photographs or recorded clips of television programs or movies) not owned by you or to which you do not have a valid license. Respect the security of all our users, and our community. Do not transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. Do not use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms. Do not seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website. Finally, do not use the Website or Application to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
Create genuine connections. Do not use the Website in a manner that could disable, overburden, or impair the Website, Application, or Services or interfere with any other party's use and enjoyment of the Website, Application, and Services. Do not artificially collect likes, followers, or shares, and do not post repetitive comments (“spam”) or repeatedly contact people without their consent. Follow the law. Do not use the Website or Application for any purpose that is unlawful or prohibited by these Terms. Do not use the Application/Website to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms and explosives (including firearm parts and ammunition) or prescription drugs is not allowed, even if doing so is legal in your jurisdiction. Do not promote online gambling. We do not permit child sexual exploitation of any kind on the Application/Website: do not upload or otherwise transmit any User Content that depicts any sexual activity involving minors or minors in a sexualised context, or that advocates for the sexual exploitation of children. Soliciting, displaying, sharing, or viewing imagery of nude, sexualized, or sexual activity with minors, or threatening children in any manner is strictly prohibited. When we are made aware of content promoting child sexual exploitation, such content will be removed and reported to The National Center for Missing & Exploited Children. Do not use the Application/Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
12. Suspension of Use
We are not obligated to monitor your (or any other person’s) access to or use of the Website, Application, or Services; however, we reserve the right to monitor or audit your compliance with these Terms and to terminate or suspend your use of some or all of the Application or Services. For instance, we may limit your access to our Services if you engage in activities that we conclude (in our sole discretion) breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy. Although we have no – and assume no -- obligation to monitor activities on the Website and the Application, please understand that we reserve the right to employ filters designed to detect and block inappropriate content under this Code of Conduct. We also reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE APPLICATION OR SERVICES AT ISSUE. Users should also understand that our Code of Conduct is based in many instances on principles of applicable law. Users who violate our Code of Conduct accordingly may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. Company reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy.
13. Reports and Complaints
You may find content on the Application/Website that you don’t like but that doesn’t necessarily violate the Code of Conduct. If that happens, you can unfollow or block the person who posted such content. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 23 (Contact Us). If we are notified by a user that he/she believes User Content on the Website and/or the Application does not comply with our Code of Conduct, we will investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such content, or to take action with respect to the person or persons responsible for posting the content.
14. Linked Sites
The Website and Application may also contain links or produce search results that reference links to third party websites (collectively "Linked Sites"). Company has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Company does not endorse the content of any Linked Site, nor does Company warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk. We recommend you review the terms of service and privacy policy of any Linked Sites.
15. User Conduct & Disputes
Company is not responsible for and is not liable for the User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release Company (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
16. Disclaimer, Indemnity, and Limitation of Liability
The Services are Available "AS-IS"
Your access to and use of the Services, Website, Application, or any Content are at your own risk. The Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Company does not make any warranty or representation, and disclaims all responsibility and liability, for: (i) the completeness, accuracy, availability, timeliness, security, reliability, or legality of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or Services or any Content, including harm causes by viruses or similar destructive features; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or specific results or be available on an uninterrupted, secure, or error-free basis. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you if you live in such jurisdictions.
Indemnity
You agree to defend, indemnify, and hold Company and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claims, costs, proceedings, demands, losses, damages, expenses (including, without limitation, reasonable attorney’s fees and legal costs), and any other liability of any kind or nature, arising from or related to (i) any breach or alleged breach of these Terms by you or any third party using your account, (ii) any violation of any laws or regulations by you or any third party using your account, and (iii) any gross negligence or willful misconduct by you or any third party using your account. If anyone brings a claim against us related to your actions, content or information, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
General Limitation of Liability
Our liability shall be limited to the fullest extent permitted by applicable law. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU, INCLUDING, BUT NOT LIMITED, FOR ANY BREACH OF CONTRACT, TORT, OR NEGLIGENCE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA) THAT ARISE OUT OF OR ARE RELATED TO THESE TERMS OR YOUR USE OF THE COMPANY WEBSITE, APPLICATION, AND RELATED SERVICES AND CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any causes beyond our control, such as (i) the performance or nonperformance of third parties, including Verified Users, (ii) acts of nature, such as fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, acts of terrorism, strikes and similar lablr difficulties, war, sabotage, outages of third-party connections, utilities, or telecommunications networks, and related failures or degradations, (iii) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties, (iii) any content obtained from the services, or (iv) unauthorized access, use or alteration of your transmissions or content. In no event shall the aggregate liability of the company exceed the greater of one hundred U.S. Dollars (U.S. $100.00) or the amount you paid us, if any, in the past six months for the Services giving rise to the claim. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise. 17. DMCA Notice
Company respects the intellectual property rights of others and requires that its users do the same. If you are a copyright owner or an agent thereof and believe that any Content on the Application/Website or other activity taking place on the Application/Website constitutes an infringement of a work protected by copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”). It is our policy to investigate any allegations of copyright infringement brought to our attention. You may direct alleged copyright infringement notifications to DMCA Agent, 1333a North Ave #210 New Rochelle, NY 10804; by email at copyright@farawaybae.com; or by fax: 347-559-8931. Your notice must comply with the DMCA. Please provide us with the following information in your notice of a suspected copyright violation:
Identification of the work or material being infringed.Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. Please see www.copyright.gov or www.chillingeffects.org/copyright for more information about how to prepare or respond to a DMCA notice.
18. Modifications to these Terms
We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Application or Website. Please feel free to print out a copy of these Terms for your records.
19. No Assignment
These Terms are not assignable by you, either in whole or in part. Company reserves the right to assign its rights and obligations under these Terms, including, without limitation, in connection with a merger or acquisition, sale of assets or equity, or by operation of law.20. General Terms
These Terms shall be governed in all respects by the laws of the State of New York without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in New York in the judicial district where Company has its principal place of business. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings and subheadings (whether in bold text/font or otherwise) are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The failure by us to enforce any right or provision of these Terms or to address any breach by you or others will not prevent us from enforcing such right or provision or addressing other breaches by you or others in the future. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Company and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
21. Survival
The expiration or termination of these Terms will not affect the terms which by their nature should survive expiration or termination, or that expressly provide that they shall survive expiration or termination, including, but not limited to, the following provisions: Section 5 (Our IP Rights); Section 16 (Disclaimer, Indemnity, and Limitation of Liability) Section 19 (No Assignment); Section 20 (General Terms); and Section 21 (Survival)
22. Relationship to Other Contracts
22.1. These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Application (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control. Similarly to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control.
22.1. These Terms also include the rules, terms, and conditions (“General Official Rules”) for any contest, sweepstakes, or other promotional initiative (“Contest”). Before participating in any Contest, please review the General Official Rules carefully at: farawaybae.com/contest-rules.
23. Contact Us
If you have any questions about these Terms, the practices of this Site, your dealings with this Website, or for any other reason, please contact us at: info@farawaybae.com.
