core-uat.fusion92core.com
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Submitted URL: https://cl.s6.exct.net/?qs=6cf5f00a4bbeb5704c1c8a4e56f86adbf5b504c503dc4b501d06a35aa84b5db93ad96b0f96f640b35d66c576fa7e...
Effective URL: https://core-uat.fusion92core.com/landing
Submission: On August 09 via manual from US — Scanned from DE
Effective URL: https://core-uat.fusion92core.com/landing
Submission: On August 09 via manual from US — Scanned from DE
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<div class="tccontainerLabel"> Terms & Conditions </div> <button type="button" class="fullScreenMode exitFullScreenMode v-btn v-btn--plain theme--light v-size--default" style="display: none;"><span
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<section><b>
This Terms of Use Agreement is a legally binding agreement
between you and Virtual Marketing, LLC dba Fusion92 (“Fusion92”)
and governs your access to the Fusion92 platform and your rights
to use the Fusion92 Core 2.0 Field Web Platform (“Fusion92 Core
2.0”, “Core 2.0”, “Fusion92 platform”). Please carefully review
this Terms of Use Agreement, as it contains important legal
rights, obligations and limitations.
</b> <br><br> <b>These Terms of Use address: (1) your access and permissible
uses of the Fusion92 platform, (2) prohibited actions on the
Fusion92 platform, (3) your payment obligations and for services
you engage Fusion92 to perform, (4) how these Terms of Use and
your access to the website can be suspended or terminated, and
(5) Fusion92’s obligations to you
</b>
<div class="chapter">1. Introduction</div>
<div class="subchapter">1.1. Our Purpose</div> Fusion92 (“us”, “our” or “we”) offers our customers (“User(s)”) the ability to create and market a custom website on an intuitive and user-friendly platform to make managing and promoting their
businesses and content online easy and stress-free. The customizable online and mobile websites and functionalities, and platforms created by each User are collectively referred to herein as “User Platform(s)”. <div class="subchapter">1.2.
Legal Agreement</div> These Fusion92 Core 2.0 Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the Fusion92 Core 2.0 website(s), which you
order (“Core 2.0 Website”, and collectively – the “Core 2.0 Terms”), set forth the entire terms and conditions applicable to you, as a User, and your Authorized Users (as defined below) accessing and using the Core 2.0 Website, User
Platforms and any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (together with the Core 2.0 Website and User Platforms, “Core 2.0 Services” or “Services”). For the
avoidance of doubt, Services do not include services, applications, features, content or components that were built, developed, connected or offered by any third parties at the direction of the Affiliated Client, even if presented on the
Core 2.0 Website or made available on your User Platform. In addition to these Terms of Use, you acknowledge and agree that your access and use of the User Platform is subject to your agreement with the specific Fusion92 client to which you
are affiliated or otherwise in a contractual relationship (“Affiliated Client”) <br><br> By clicking “I accept” below, you signify and affirm your informed consent to these Terms of Use and any other Core 2.0 Terms applicable to your use of
any Core 2.0 Services. If you do not agree to the Core 2.0 Terms, you must immediately cease all access and use of the Core 2.0 Services. <br><br> Any reference to “days” in this Terms of Use shall mean calendar days, unless otherwise
expressly stated. <div class="chapter">2. User Platform Access</div>
<div class="subchapter">2.1 Right of Access to User Platform</div> Your right to use and access the User Platform is subject to your continued relationship with the Affiliated Client and such Affiliated Client’s use and access policies that
may be provided to you by the Affiliated Client from time to time. Fusion92 shall defer to Affiliated Client’s instructions and directives regarding User Platform access that are not in conflict with the Terms of Use, and in no event shall
Fusion92 be responsible for Affiliated Client’s decisions related to your access to the User Platform. You acknowledge that termination of your affiliation or other business relationship with the Affiliated Client may affect your access or
use to the User Platform. In the event your access through the Affiliated Client is suspended or terminated but you would like to maintain access to your User Platform, please contact Fusion92 <div class="subchapter"> 2.2 Access to
Accounts; Roles and Permissions </div> Your access to the User Platform is available through either: (a) your account that you created with Fusion92 (“User Account”) or (b) Single Sign On (SSO) protocols utilized by the Affiliated Client
to which your User Platform is affiliated. To the extent your access is available through SSO, you can access your User Platform by accessing your user account with the Affiliated Client (your “Client User Account”). <br><br> The roles and
permissions related to your User Platform are solely determined by you or the Affiliated Client, as applicable. If you want your employees, contractors, or other third parties to be able to access your User Platform (as “Authorized Users”),
if applicable, please (i) follow the processes established for administrators on the portal in the Fusion92 platform for the User Account or (ii) contact the Affiliated Client or follow the policies established by the Affiliated Client in
order to grant such individuals or entities access to your User Platform for the Client User Account. You agree that you are solely responsible for ensuring that your Authorized Users abide by the Core 2.0 Terms applicable to the Core 2.0
Services as set forth in these Terms of Use. All activities that occur on your account will be deemed to have occurred on your behalf and in your name on the User Account or Client User Account, as applicable, and the User Platform, whether
or not specifically authorized by you. Therefore, we strongly encourage you to (a) keep the log-in credentials of your User Account or Client User Account confidential, and (b) allow access to your User Account or Client User Account, only
to people you trust - as you will be solely and fully responsible for all activities that occur under your User Accounts or Client User Account and User Platforms (including for any representations, warranties, and undertakings made
therein), and for any damages, expenses or losses that may result from such activities. You must provide accurate and complete information when using Core 2.0 Services, including your own (or your company’s, as applicable) contact and
billing details. <div class="subchapter">2.3 Ownership</div> For each User Platform, Fusion92 will consider the owner of such User Platform to be the person or entity listed in Fusion92’s records as the owner of the User Account or Client
User Account for which the User Platform was created. For example, owners may be the insurance broker, franchise owner or co-op owner but would not be the Authorized Users permitted by such entity to have access to the User Platform.
<br><br> In case of a dispute on User Platform ownership, we reserve the right to determine ownership to a User Account or Client User Account based on our reasonable judgment, whether or not an independent investigation has been conducted
by us. However, if we cannot make such a determination, as we may deem in our sole discretion, we reserve the right to avoid doing so and to suspend a User Platform until the parties disputing such ownership reach a resolution, without
Fusion92 having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership. <div class="chapter">3. Your Obligations</div>
<div class="subchapter">3.1. You represent and warrant that:</div>
<ol>
<li> You are at least thirteen years of age, or sixteen years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to
enter into the Core 2.0 Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Core 2.0 Terms; </li>
<li> You are not a resident of, and will not use or distribute the Core 2.0 Services, any country or region subject to U.S. comprehensive country or regional embargos. You further confirm that you are not included on any sanctions list,
including without limitation, the U.S. Specially Designated Nationals and Blocked Persons List, maintained by the U.S. (“SDN List”), or any other applicable sanctions list maintained by the EU, the UK or other, and that you are not
owned 50 percent or more, directly or indirectly in the aggregate, by a sanctioned party and are not otherwise controlled by such a party. You further confirm that you will not use or distribute the Core 2.0 Services directly or
indirectly to or for the benefit of a sanctioned party. You agree to indemnify Fusion92 against any and all losses, including monetary penalties and legal fees, that Fusion92 may suffer should you violate any of the forgoing
confirmations regarding your non-sanctioned status; </li>
<li> Your country of residence or your company’s country of incorporation is the same as the country specified in the contact or billing address you provide us; </li>
<li> You understand that Fusion92 does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use of the Core 2.0 Services, or your compliance therewith; </li>
<li> Except for Affiliated Client IP (as defined below), you confirm you own or rightfully license all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded by Core 2.0 Services
for you to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames,
information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in
and to the User Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer or license such User Content by you and us or any of our affiliates; </li>
<li> You have (and will maintain) the full power, title, licenses, consents and authority to allow Core 2.0 Services to access any websites, web pages and other online services, for the purpose of importing, exporting, copying,
displaying, uploading, publishing, transmitting and otherwise using your User Content; </li>
<li> The User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display
or otherwise use, in the country in which you or your Authorized Users reside, or for Fusion92 or your Authorized Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with the Core 2.0
Services; and </li>
<li> You have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information or image or likeness of any person,
entity or property which is part of the User Content, and you will adhere to all laws applicable thereto. </li>
</ol> In addition, except for Affiliated Client IP, you must own all rights in any content you upload or publish or that we access, import or upload for you via the Core 2.0 Services, ensure that such content is legal and reliable, and that
anything you do with it (or enable Fusion92 or your Authorized Users to do with it) is in compliance with all applicable law. <div class="subchapter">3.2. You undertake and agree to:</div>
<ol>
<li> Fully comply with all applicable laws and any other contractual terms which govern your use of the Core 2.0 Services, and any related interaction or transaction, including those specific laws applicable to you or your Authorized
Users in any of your geographical locations; </li>
<li> Be solely responsible and liable with respect to any of the uses of the Core 2.0 Services which occur under your Client User Account or User Platforms, and for any of your User Content, including for any consequences of accessing,
storing, collecting, importing, exporting, uploading, copying, using or publishing such User Content on or with respect to the Core 2.0 Services; </li>
<li> Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to Authorized Users and any applications features, services,
or Third Party Services (as defined below) used, connected, presented or developed by you; </li>
<li> Allow Fusion92 to use in perpetuity, worldwide and free of charge, any version of your User Platform or User Content (or any part thereof) for any of Fusion92's marketing and promotional activities, online and/or offline, and modify
it as reasonably required for such purposes, and you waive any claims against Fusion92 or anyone on its behalf relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide that you may
have in or to your User Platform with respect to such limited permitted uses; and </li>
<li> Defer to Fusion92’s commercially reasonable discretion as to the means, manner, and method for performing the Core 2.0 Services, including those regarding the hosting, transmission, publication and display of any User Platforms
and/or User Content </li>
</ol>
<div class="subchapter">3.3. You agree and undertake not to:</div>
<ol>
<li> Copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Core 2.0 Website, the Core 2.0 Services (or any part thereof), any
Content or Intellectual Property (as defined below) offered by Fusion92, Affiliated Client or Third Party Services for use and display within User Platforms ("Licensed Content") or any part thereof in any way, or publicly display,
perform, transmit or distribute any of the foregoing without Fusion92's prior written and specific consent or as expressly permitted under the Core 2.0 Terms; </li>
<li> Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent,
encouraging criminal or harmful conduct, or which otherwise violates the rights of Fusion92 or any third party, including any intellectual property rights, privacy rights, contractual or fiduciary rights, or otherwise shows any person,
entity or brand in a bad or disparaging light, without their prior explicit approval; </li>
<li> Use any illegal action to collect login data or passwords for other websites, third parties, software or services; </li>
<li> Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when
applicable; </li>
<li> Upload, insert, collect or otherwise make available within the Core 2.0 Website or the Core 2.0 Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content; </li>
<li> Publish and/or make any use of the Core 2.0 Services or Licensed Content on any website, media, network or system other than those provided by Fusion92, and/or frame, "deep link", "page scrape", mirror or create a browser or border
environment around any of the Core 2.0 Services, Licensed Content or User Platform (or any part thereof), except as expressly permitted by Fusion92, in advance and in writing; </li>
<li> Use any "robot", "spider" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Core 2.0 Services (or its data
and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Core 2.0 Services to obtain or attempt to obtain any materials, documents, services or information through any means not
purposely made available through the Core 2.0 Services; </li>
<li> Act in a manner which might be perceived as damaging to Fusion92's reputation and goodwill or which may bring Fusion92 into disrepute or harm; </li>
<li> Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Fusion92, Core 2.0 or Fusion92 trademarks or service marks or variations and misspellings thereof; </li>
<li> Impersonate any person or entity or provide false information on the Core 2.0 Services or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any
message or transmittal you send to Fusion92 or any Authorized Users; </li>
<li> Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Fusion92 or any third party endorses you, your User Platform, your business, or any statement you make; </li>
<li> Reverse look-up, trace, or seek to trace another User of Core 2.0 Services, or otherwise interfere with or violate any other User's right to privacy or other rights, or harvest or collect personally identifiable information about
visitors or users of the Core 2.0 Services or User Platform without their express and informed consent; </li>
<li> Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Core 2.0 Services, User Platform, the account of other Users, or any other systems or networks connected to the Core 2.0 Services,
by hacking, password mining, or other illegitimate or prohibited means; </li>
<li> Probe, scan, or test the vulnerability of the Core 2.0 Services or any network connected to the Core 2.0 Services; </li>
<li> Upload to the Core 2.0 Services or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer
code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; </li>
<li> Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Core 2.0 Services or Fusion92’s systems or networks connected to the Core 2.0 Services, or otherwise interfere with or disrupt
the operation of any of the Core 2.0 Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; </li>
<li> Use any of the Core 2.0 Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or
advertising; </li>
<li> Utilize any of the Core 2.0 Services for storage and/or video streaming purposes, whether or not for main streaming purposes; </li>
<li> Access Core 2.0 Services, User Accounts, Client User Accounts, Licensed Content or User Content through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces and Affiliated Client
instructions; </li>
<li> Sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content or Core 2.0 Services, except as expressly permitted by the Core 2.0 Terms; </li>
<li> Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or
accompanying the Core 2.0 Services and/or Licensed Content; </li>
<li> Violate, attempt to violate, or otherwise fail to comply with any of the Core 2.0 Terms or any laws or requirements applicable to your use of the Core 2.0 Services; o </li>
<li> Access or use the Core 2.0 Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service </li>
</ol> You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your access to your User Platform or any Core 2.0 Services provided to
you – with or without further notice to you, and without any refund of amounts paid on account of any such access or Core 2.0 Services. <div class="chapter">4. Content and Ownership</div>
<div class="subchapter"> 4.1. Affiliated Client Intellectual Property </div> In connection with Affiliated Client’s enterprise-wide branding applicable to Client User Accounts, Affiliated Client owns and is providing intellectual property
pertaining to your User Platform and to any other materials created, developed, or connected to Core 2.0 Services by Affiliated Client, including any designs, images, animations, videos, audio files, pdfs, fonts, logos, illustrations,
articles, blogs, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works (collectively, “Affiliated Client IP”). You acknowledge and agree that the Affiliated Client owns all such Affiliated
Client IP and may revoke your license or ability to use such Affiliated Client IP in its sole discretion <div class="subchapter">4.2 Your Intellectual Property</div> As between Fusion92 and you, you shall own or license all intellectual
property pertaining to your User Content and to any other materials created, developed, or connected to Core 2.0 Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions,
artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works. Fusion92 does not claim ownership rights on your User Content or to any of the other materials created, developed, or connected by you to the Core 2.0
Services. You know and agree that in order to provide the Core 2.0 Services to you and to maintain and improve the Core 2.0 Services (the “Purpose”) we will need to access, upload or copy User Content to the Fusion92 platform, including
cloud services and CDN’s, to make display adjustments, to train our software tools, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a
non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose <div class="subchapter">4.3. Fusion92's Intellectual Property</div> All rights, title and interest in and to the Core
2.0 Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law including any artwork, graphics, images, website templates and
widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the "look and feel" of the
Core 2.0 Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and
other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by or licensed to Fusion92. <br><br> Subject to your full compliance
with the Core 2.0 Terms and timely payment of all applicable Fees (as defined herein), Fusion92 hereby grants you, upon accessing your User Platform and for as long as Fusion92 provides you with the Core 2.0 Services, a non-exclusive,
non-transferable, non-sublicensable, fully revocable, limited license to use the Core 2.0 Services and Licensed Content, for the purpose of generating and displaying your User Platform to visitors, solely as expressly permitted under the
Core 2.0 Terms, and solely within the Core 2.0 Services. <br><br> The Core 2.0 Terms do not convey any right or interest in or to Fusion92’s Intellectual Property (or any part thereof), except only for the limited license expressly granted
above. Nothing in the Core2.0 Terms constitutes an assignment or waiver of Fusion92’s Intellectual Property rights under any law. In addition to the above, certain fonts made available to you within the Core 2.0 Services, are licensed to
Fusion92 by a third party provider, and are therefore subject to additional license terms of such provider, which are available for your review
at <a href="https://developers.google.com/fonts/terms">https://developers.google.com/fonts/terms</a>. <div class="subchapter">4.4. Feedback and Suggestions</div> If you provide us with any suggestions, comments or other feedback relating to
the Core 2.0 Services, whether existing, suggested or contemplated, that is or may be subject to any Intellectual Property rights ("Feedback"), such Feedback shall be owned exclusively by Fusion92. You acknowledge and agree that Feedback
may be used by Fusion92 to: (a) further develop, customize and improve the Core 2.0 Services, (b) provide ongoing assistance and technical support, (c) contact you with general or personalized Fusion92-related notices or interview requests
based on such Feedback or otherwise, (d) facilitate, sponsor and offer certain promotions, and monitor performance, (e) create aggregated statistical data and other aggregated or inferred information, that Fusion92 may use to provide and
improve its services, (f) enhance Fusion92 data security and fraud prevention capabilities, and (g) comply with any applicable laws and regulations. In addition, you (i) irrevocably assign to Fusion92 any right, title and interest you may
have in such Feedback and (ii) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide in or to such Feedback. <div class="chapter">5.
Privacy</div> Certain parts of the Core 2.0 Services (including certain Third Party Services available therein, as further explained in Section 9 below) may require or involve the submission, collection or use of certain personally
identifying or identifiable information. In particular and as a part of accessing or using the Core 2.0 Services, Fusion92 and such Third Party Services may collect, access and use certain data pertaining to Users, Authorized Users and
visitors, including the activities or navigation undertaken by Users, Authorized Users and visitors through the Core 2.0 Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’
relevant policies on a regular basis, for a description of such data collection and use practices. <a href="https://www.fusion92.com/privacy-policy">Privacy Policy</a>
<div class="chapter">6. Service Fees</div>
<div class="subchapter"> 6.1. Payment Terms; Additional Paid Services </div> The use of certain Core 2.0 Services, including your User Platform Subscription (as defined below) may be subject to payment of particular fees, as determined by
Fusion92 in its sole discretion (“Paid Services” and “Fees”, respectively), which are set forth on the Manage Subscription page of your My Settings. <ol>
<li> Fusion92 will notify you of the Fees then in effect, and you need to pay Fusion92 directly for any Paid Services you purchase from Fusion92. Fees for the Paid Services must be paid in advance. </li>
<li> Fusion92 reserves the right to change its Fees at any time in its sole discretion. Fusion92 will provide 60 days notice regarding the change to you if such a change will affect your existing Paid Services </li>
<li> If you received a discount or other promotional offer from Fusion92, Fusion92 shall have the right at the end of the applicable discounted period to renew your subscription to such Core 2.0 Service(s) at the full then-current
applicable Fee, with providing notice. </li>
<li> All Fees shall be made in U.S. Dollars. To the extent permitted by law (and unless specified otherwise by Fusion92 in writing), all Fees are exclusive of all taxes, including value-added tax, sales tax, goods and services tax, levies
or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all such applicable Taxes. If Fusion92 is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were
added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees
you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card
companies). Fusion92 is not responsible for any such additional fees or costs. </li>
<li> If you purchase Paid Services directly from Fusion92, then as part of registering or submitting information to receive Paid Services, you also authorize Fusion92 (either directly or through its affiliates, subsidiaries other third
parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Fusion92 or its affiliates
may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking
account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company). </li>
</ol>
<div class="subchapter">6.2. Subscription Auto-Renewal</div>
<ol>
<li> To best ensure that you do not experience any interruption or loss of services, certain Paid Services, such as your monthly subscription to your User Platform (“User Platform Subscription”) include an automatic renewal option.
Therefore, unless you turn off the auto-renewal option as provided herein, such Paid Services will automatically renew upon the end of the applicable subscription period, which is set forth on your Manage Subscriptions page, for a
renewal period equal in time to the original subscription period and, unless otherwise notified to you at least thirty (30) days in advance, by Fusion92 at the same price (subject to applicable Taxes changes and excluding any discount
or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month.
</li>
<li> Accordingly, where applicable and as for Fees paid directly to Fusion92, you will be automatically charged the applicable Fees, before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in
our sole discretion (but shall not be obligated to) retry to collect at a later time, or suspend or terminate your access to the User Platform, with 10 days notice. </li>
<li> By entering into Core 2.0 Terms and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms. </li>
<li> Unless Fusion92 or the Affiliated Client manages this function, you are responsible for renewing your domain name in accordance with the domain management and hosting provider, which may have automatic annual renewals. </li>
<li> Notwithstanding anything to the contrary, you are, and shall be, solely responsible to verify and ensure the successful renewal of the Core 2.0 Services you use (whether or not such Core 2.0 Services are subject to automatic
subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Core 2.0 Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring
Fees, or due to any Core 2.0 Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Fusion92 in relation to the discontinuation of any Core 2.0 Services or
Third Party Services, for non-renewal. </li>
</ol>
<div class="subchapter">6.3. Third Party Service Providers</div> Fusion92 may engage third-party service providers to perform many of the services related to payment processing, including card processing, disbursements, currency exchange,
identity verification, fraud analysis, and regulatory compliance. If Fusion92 receives notice that your activity violates a third party’s service agreement, we may terminate or suspend this Terms of Use and your access to your User
Platform. Fusion92 will use all reasonable efforts to provide advance notice of such termination or suspension, an explanation of the cause of the termination or suspension, and whether a cure is applicable and, if curable, reasonable time
to cure. <div class="subchapter">6.4. Chargebacks</div> A decline, chargeback or other rejection of a charge of any payable Fees due to Fusion92, on your User Account or Client User Account (“Chargeback”), will be considered a breach of
your payment obligations hereunder, and your use of the Core 2.0 Services may be automatically terminated or suspended, provided that Fusion92 will use commercially reasonable efforts to provide a 24 hour notice of a termination or
suspension. If a Chargeback is performed, your access to the User Platform may be blocked without the option to re-purchase or re-use it, and any data contained in such User Platform, including any domains, applications and Third Party
Services may be subject to cancellation as described in Section 7.2 (below). <br><br> Your use of the Core 2.0 Services will not resume until you re-subscribe for any such Core 2.0 Services, and pay any applicable Fees in full, including
any fees and expenses incurred by Fusion92 and/or any Third Party Services for each Chargeback received (including Fees for Core 2.0 Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment
processor). <br><br> If you have any questions or concerns regarding a payment made by you to Fusion92, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the
Core 2.0 Services from being suspended or terminated and the access to your User Platform being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in
addition to re-payment of all the Fees applicable to the Core 2.0 Services purchased (and charged-back) by you. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial
institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the Core 2.0 Services rendered thereafter. <div class="chapter">7.
Cancellation</div>
<div class="subchapter">7.1. Cancellation by User</div> You may discontinue to use and request to cancel your access to the User Platform via the Platform and/or any Core 2.0 Services at any time. The effective date and time for such
cancellation shall be the date and time on which you have completed the cancellation process on the Core 2.0 Services (“Termination Date”) and your User Platform and associated User Account or Client User Account will be shut down on such
date. For monthly subscriptions, if the Termination Date is on or before the 14th day after your monthly billing date, Fusion92 will refund you the pro rata amount of the Fees you paid for the remainder of the applicable monthly billing
period. If the Termination Date is on or after the 15th day after your monthly billing date, you will not be entitled to and will not receive a refund for the remaining portion of the applicable monthly period. Cancelled annual
subscriptions will be refunded pro rata based off the Termination Date for the calendar year. <br><br> Please note that as the cancellation process may take a few days, you should complete and submit your cancellation request at least
fourteen days prior to the expiration of the then-current service period in order to avoid an automatic renewal and the associated charges. For more information about canceling the Paid Services you purchased from Fusion92, please call
(888) 748-3240 <div class="subchapter">7.2. Cancellation by Fusion92</div> Failure to comply with any of the Core 2.0 Terms or to pay any Fee shall entitle Fusion92, among other things, to suspend (until full payment is made) or terminate
your access to the User Platform (or certain features thereof), or suspend or terminate the provision of any related Core 2.0 Services (e.g., Paid Services) or Third Party Services to you; provided that Fusion92 will use commercially
reasonable efforts to provide 10 days notice of suspension or termination for failure to pay fees via our portal. As applicable to Client User Accounts, you acknowledge and agree that your right to access the User Platform is subject to
your continued relationship with the Affiliated Client and such Affiliated Client may instruct Fusion92 to suspend or terminate your access to the User Platform. Upon such event, and for monthly subscriptions, Fusion92 shall refund you the
pro rata amount of the Fees you paid for your User Platform Subscription from such date of termination until the end of the then-current subscription period if such date of termination is on or before the 14th day after your monthly billing
date. In the event your access is suspended or terminated on or after the 15th day after your monthly billing date, you will not be entitled and will not receive a refund for the remaining portion of the applicable monthly billing period.
Cancelled annual subscriptions will be refunded pro rata based off the Termination Date for the annual billing period. In no event shall Fusion92 be responsible for any damages or losses you may incur due to the Affiliated Client’s decision
to suspend or terminate your access to the User Platform. <div class="subchapter"> 7.3. Loss of Data, Content and Capacity </div> If your access to your User Platform is suspended or terminated or any Core 2.0 Services or Third Party
Services related to your User Platform are canceled (whether at your request or at Fusion92’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Platform, including any User Content,
Authorized User data or other usage data retained therein and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Fusion92 shall not be liable in any way for such Capacity Loss, or for
saving a backup of your User Platform, User Content or Authorized User data. Please also note that additional Fees may apply to re-activation of a User Platform or any Core 2.0 Services following their suspension or cancellation, as
determined by Fusion92 in its sole discretion. Following the termination of your User Platform, Fusion92 reserves the right to delete all data in the normal course of operation. Data cannot be recovered once your User Platform is
terminated. Fusion92 may, but shall not be obligated to, retain User Content or Authorized User Data in accordance with industry standards and its confidentiality obligations. <div class="chapter">8. Video Services</div> As part of Core 2.0
Services delivered after the Effective Date, Fusion92 may provide video services for managing videos on User Platforms ( “Video Services”). Management of Video Services is not currently provided but if such Video Services are offered by
Fusion92 at some future date, the Video Services will be subject to the terms hereof. <br><br> The use of the video services for your User Platform, may require that you obtain a license to use certain intellectual property from MPEG–LA
(the “License”). It is your responsibility to determine whether your activity requires the License and to obtain the License. Information about the License can be obtained from MPEG LA L.L.C. <br><br> In addition to these obligations and
those set forth in Section 13 of these Terms of Use, and without reference to any liability limitations, you shall fully indemnify, defend and hold harmless, Fusion92, its officers, directors, members, managers, shareholders, employees,
affiliates and agents, , from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement or misuse of any Content, including
any video content, and including any breach of, or failure to procure and maintain the applicable Licenses. <div class="chapter">9. Third Party Services</div> The Core 2.0 Services enable you to engage, connect, further develop and procure
certain third-party services, products and tools for enhancing your User Platform and your overall user experience, including domain registrars from which you may purchase a domain name for your User Account, third party applications and
widgets offered via the Core 2.0 Website, third party Licensed Content, media distribution services, third party designers who may assist you with your User Platform, external databases, code packages and other relevant services
(collectively, “Third Party Services”). As noted above, Client User Accounts are subject to the Affiliated Client’s instructions and directions, which may include prior written approval of Third Party Services. <br><br> You acknowledge and
agree that, regardless of the manner in which such Third Party Services may be offered to you, whether bundled or integrated within certain Core 2.0 Services, offered separately by Fusion92 or persons certified or authorized by Fusion92,
connected independently by you or otherwise offered anywhere on the Core 2.0 Services, Fusion92 acts solely as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party
Services, or is responsible or liable with respect thereto. Fusion92 will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third Party Services. You acknowledge that Third
Party Services may require the payment of additional amounts to providers of such Third Party Services. <br><br> Any and all use of such Third Party Services shall be solely at your own risk and responsibility and may be subject to such
legal and financial terms which govern such Third Party Services. You should review all such terms before engaging with any third party for Third Party Services. <br><br> If you use Third Party Services, tools, code, algorithms, databases,
products, software or goods while using our Core 2.0 Services, you declare that you act in compliance with their applicable terms of use. <br><br> While we hope to avoid such instances (e.g., if an agent causes the Core 2.0 Services to
error, run slow or otherwise be negatively impacted), Fusion92 may, at any time and at its sole discretion, suspend, disable access to or terminate your access to your User Platform or the Core 2.0 Services, any Third Party Services –
whether or not incorporated with or made part of your User Platform(s) at such time – without any liability to you or to any Authorized Users provided however Fusion92 will use commercially reasonable efforts to advise you of the issue,
reasonable details, and whether a remedy exists. <div class="chapter">10. Misconduct and Copyrights</div>
<div class="subchapter">10.1. Misconduct and Abuse</div> When using Core 2.0 Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources outside of Fusion92’s control, which may be
inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Fusion92 with respect thereto. <br><br> If you believe a User or any Third Party Services acted
inappropriately or otherwise misused any of the Core 2.0 Services, please immediately report such User or Third Party Service to us by emailing <a href="mailto:abuse@core.fusion92.com">abuse@core.fusion92.com</a> You agree that your report
shall not impose any responsibility or liability upon Fusion92, and that Fusion92 may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole
discretion. <div class="subchapter">10.2. Copyrights</div> Fusion92 acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way
that constitutes copyright infringement, you may notify us of such infringement by emailing <a href="mailto:abuse@core.fusion92.com">abuse@core.fusion92.com</a> or otherwise provide the following information in writing to our designated
Copyright Agent: (a) the contact details of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the material that you claim
to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Fusion92 to locate the material (including URL address); (d) a statement that
you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (e) a statement that the information in the notification is accurate and, under penalty
of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. <br><br> Fusion92’s Copyright Agent can be reached at the following address: <br><br> Fusion92<br> 440
W Ontario Street, Chicago IL 60654<br> Attn: Copyright Agent<br> Telephone Number: 888.550.4864<br> E-mail: <a href="mailto:copyright@core.fusion92.com">copyright@core.fusion92.com</a> <br><br> If Fusion92 receives notice regarding a
copyright infringement related to your User Platform or User Content, it may cancel your access to your User Platform or take down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file
a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (a) your full name, address, phone number and physical or electronic signature; (b) identification of the material and its location before
removal; (c) a statement under penalty of perjury that the material was removed by mistake or misidentification; (d) your consent to an appropriate judicial body; and (e) any other information required under the relevant provisions of the
DMCA. Any notices filed pursuant to this Section 10 may be deemed accepted, applicable and compliant with the DMCA, or not, at Fusion92’s sole reasonable discretion. Fusion92reserves the right to notify the person or entity providing the
infringement notice of such counter-notice and provide any details included therein. <div class="chapter">11. Disclaimer of Warranties</div> We provide the Core 2.0 Services on an "As Is", "with all faults" and "As Available" basis, without
any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We
specifically do not represent or warrant that the Core 2.0 Services or any part, feature or Content thereof (a) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your or
your Authorized Users' contemplated activities, devices, operating systems, browsers, software or tools or that they will remain as such at any time, or (b) comply with any laws applicable to you or your Authorized Users including in any
jurisdiction in which you operate, or (c) will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or
made available via the Core 2.0 Services – so please be sure to verify those before using or otherwise engaging them. <br><br> Fusion92, in its sole discretion, may, but shall not be obligated to, screen, monitor and/or edit any User
Platform and/or User Content, at any time and for any reason, with or without notice <br><br> Notwithstanding anything to the contrary, in no circumstances may Fusion92 be considered as a “publisher” of any User Content or Affiliated Client
IP, nor does Fusion92 in any way endorse any User Content or Affiliated Client IP, or assume any liability for any User Content or Affiliated Client IP uploaded, posted, published or made available by any User or any other party on or
through the Core 2.0 Services. Further, Fusion92 shall have no liability for any loss, deletion or damage to User Content or Affiliated Client IP or any loss, damage, cost or expense that you or others may suffer or incur as a result of or
in connection with publishing, accessing or relying on any User Content or Affiliated Client IP. Furthermore, Fusion92 shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement or any other
unlawful or infringing User Content you or any other party may encounter. <br><br> You acknowledge that there are risks in using the Core 2.0 Services or connecting or dealing with any Third Party Services through or in connection with Core
2.0 Services, and that Fusion92 cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and harm of any kind arising in connection with or resulting from such
interactions. Such risks may include, among others, misrepresentation of information about or by Third Party Services or Licensed Content, breach of warranty or contract, violation of rights, and any consequent claims. <br><br> Fusion92
does not recommend the use of the Core 2.0 Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content. <br><br> Please note that certain Core 2.0
Services are currently offered in their BETA version, and undergoing BETA testing. In addition to the aforesaid, you understand and agree that certain Core 2.0 Services may still contain software bugs, suffer disruptions and not operate as
intended or designated. Your use of the Core 2.0 Services at this BETA stage signifies your agreement to the above and to participate in such Core 2.0 Services’ BETA testing. <div class="chapter">12. Limitation of Liability</div> To the
fullest extent permitted by law in each applicable jurisdiction, Fusion92, its officers, directors, members, managers, shareholders, employees, affiliates and agents shall not be liable to you, your Authorized Users or your Authorized Users
for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever or lost profits or lost revenues, including any damages resulting from (a) errors, mistakes, or inaccuracies of or in any content; (b)
any personal injury or property damage related to your use of the Core 2.0 Services; (c) any unauthorized access to or use of our servers and/or any personal information or other information stored therein; (d) any interruption or cessation
of transmission to or from the Core 2.0 Services; (e) the use or display of any Affiliated Client IP, Content or User Content posted, emailed, transmitted, or otherwise made available via the Core 2.0 Services; (f) events beyond the
reasonable control of Fusion92, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms,
earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; or (g) loss of use, data, profits, goodwill, or other
intangible losses, resulting from the use or the inability to use any or all of Core 2.0 Services. <br><br> You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration
for Fusion92's services to you, and such limitations will apply even if Fusion92 has been advised of the possibility of such liabilities. <br><br> IN NO EVENT SHALL FUSION92 AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF
USE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO FUSION92 PURSUANT TO THESE TERMS OF USE IN THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE
TO THE CLAIM OR $100, WHICHEVER IS LESS. <div class="chapter">13. Indemnity</div> You agree to defend, indemnify and hold harmless Fusion92, its officers, directors, members, managers, shareholders, employees, affiliates and agents, from
and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys' fees) arising from: (a) your violation of any term of these Terms of Use or any other Core 2.0 Terms; (b) your
violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content or your use of the Core 2.0 Services, including Core 2.0 Services' actions for your
benefit; or (c) any other type of claim that your User Platform or User Content caused damage to a third party. <div class="chapter">14. General</div>
<div class="subchapter">14.1. Changes & Updates</div> Fusion92 reserves the right to change, update, substitute or suspend any of the Core 2.0 Services (including the right to terminate, suspend or sunset any of the features thereof, or
prices applicable thereto). <br><br> You agree that Fusion92 will not be liable to you or to any third party for any modification, suspension or discontinuance of those Core 2.0 Services (or materials, content or services created, developed
or connected by you in connection with the Core 2.0 Services). <br><br> If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such
specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) terminate this Terms of Use and your access to the User Platform. <div class="subchapter"> 14.2. Governing Law &
Jurisdiction; Class Action Waiver </div> You expressly acknowledge and agree that Fusion92 shall have the right to enforce these Terms of Use against you. <br><br> The Core 2.0 Terms, the rights and remedies provided hereunder, and any
and all claims and disputes related hereto or to the Core 2.0 Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Core 2.0 Terms, or any related transaction
or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any and
all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Chicago, Illinois. Subject to any applicable law, all disputes between you and
Fusion92 shall only be resolved on an individual basis, and you shall not have the right to bring any claim against Fusion92 as a plaintiff or a member of a class, consolidated or representative actions or any other legal proceedings
conducted by a group or by representatives on behalf of others. <br><br> Notwithstanding anything to the contrary in this Section 14.2, if you are located in the United States of America, (a) the legal jurisdiction governing all aspects of
the payment transaction contemplated herein between you and Fusion92 will be the State of Illinois, without respect to its conflict of laws principles, and (b) any and all claims and disputes related to such payment transaction contemplated
herein shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Chicago, Illinois. <div class="subchapter">14.3. Notices</div> We may provide you with notices in any of
the following methods: (a) via the Core 2.0 Services, including by a banner or pop-up within the Core 2.0 Website, User Platform, or elsewhere; (b) by an e-mail, sent to the e-mail address you provided us; or (c) through any other means,
including any phone number or physical address you provided us through your Client User Account. Fusion92's notice to you will be deemed received and effective within twenty-four hours after it was published or sent through any of the
foregoing methods unless otherwise indicated in the notice. <div class="subchapter">14.4. Relationship</div> The Core 2.0 Terms, and your use of the Core 2.0 Services, do not, and shall not be construed to create any partnership, joint
venture, employer-employee, agency, or franchisor-franchisee relationship between Fusion92 and you. <div class="subchapter">14.5. Entire Agreement</div> These Terms of Use, together with the Core 2.0 Terms and any other legal or fee notices
provided to you by Fusion92, shall constitute the entire agreement between you and Fusion92 concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises,
conditions, negotiations, covenants or representations, whether written or oral, between Fusion92 and you, including those made by or between any of our respective representatives, with respect to any of the Core 2.0 Services. You further
agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Fusion92 in entering into any of the Core 2.0 Terms. <div class="subchapter">14.6.Assignment</div> Fusion92 may
assign its rights and obligations hereunder and transfer ownership rights and title in the Core 2.0 Services and Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your
rights and obligations hereunder without the prior written consent of Fusion92. Any attempted or actual assignment thereof without Fusion92’s prior explicit and written consent will be null and void. In any event, an assignment or transfer
pursuant to this Section 14.6 shall not in itself grant you the right to cancel any Core 2.0 Services or Third Party Services then in effect <div class="subchapter">14.7. Severability & Waivers</div> If any provision of the Core 2.0
Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining
provisions. No waiver of any breach or default of any of the Core 2.0 Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. <div class="subchapter">14.8. Interpretation</div> Any heading, caption or section
title contained herein, and any explanation or summary, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way. <br><br> These Terms of Use were written in
English and may be translated into other languages for your convenience. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail. <div
class="subchapter">14.9. Customer Service Contact</div> To get in touch with our Customer Service - please send an email message to: <a href="mailto:support@core.fusion92.com">support@core.fusion92.com</a>
</section>
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</form>Text Content
With our new, modern platform, you’ll have more tools at your disposal for
customizing your page with an easy-to-use page builder, custom templates and
state-of-the-art integrations.
ACCEPT THE TERMS & CONDITIONS
FILL OUT THE FOLLOWING FORM TO ACCEPT THE NEW TERMS & CONDITIONS FOR OUR NEW
PLATFORM.
First Name
Last Name
Agent Code/Marketer ID*
Terms & Conditions
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This Terms of Use Agreement is a legally binding agreement between you and
Virtual Marketing, LLC dba Fusion92 (“Fusion92”) and governs your access to the
Fusion92 platform and your rights to use the Fusion92 Core 2.0 Field Web
Platform (“Fusion92 Core 2.0”, “Core 2.0”, “Fusion92 platform”). Please
carefully review this Terms of Use Agreement, as it contains important legal
rights, obligations and limitations.
These Terms of Use address: (1) your access and permissible uses of the Fusion92
platform, (2) prohibited actions on the Fusion92 platform, (3) your payment
obligations and for services you engage Fusion92 to perform, (4) how these Terms
of Use and your access to the website can be suspended or terminated, and (5)
Fusion92’s obligations to you
1. Introduction
1.1. Our Purpose
Fusion92 (“us”, “our” or “we”) offers our customers (“User(s)”) the ability to
create and market a custom website on an intuitive and user-friendly platform to
make managing and promoting their businesses and content online easy and
stress-free. The customizable online and mobile websites and functionalities,
and platforms created by each User are collectively referred to herein as “User
Platform(s)”.
1.2. Legal Agreement
These Fusion92 Core 2.0 Terms of Use (“Terms of Use”), together with such
additional terms which specifically apply to some of our services and features
as presented on the Fusion92 Core 2.0 website(s), which you order (“Core 2.0
Website”, and collectively – the “Core 2.0 Terms”), set forth the entire terms
and conditions applicable to you, as a User, and your Authorized Users (as
defined below) accessing and using the Core 2.0 Website, User Platforms and any
other services, applications and features offered by us with respect thereto,
except where we explicitly state otherwise (together with the Core 2.0 Website
and User Platforms, “Core 2.0 Services” or “Services”). For the avoidance of
doubt, Services do not include services, applications, features, content or
components that were built, developed, connected or offered by any third parties
at the direction of the Affiliated Client, even if presented on the Core 2.0
Website or made available on your User Platform. In addition to these Terms of
Use, you acknowledge and agree that your access and use of the User Platform is
subject to your agreement with the specific Fusion92 client to which you are
affiliated or otherwise in a contractual relationship (“Affiliated Client”)
By clicking “I accept” below, you signify and affirm your informed consent to
these Terms of Use and any other Core 2.0 Terms applicable to your use of any
Core 2.0 Services. If you do not agree to the Core 2.0 Terms, you must
immediately cease all access and use of the Core 2.0 Services.
Any reference to “days” in this Terms of Use shall mean calendar days, unless
otherwise expressly stated.
2. User Platform Access
2.1 Right of Access to User Platform
Your right to use and access the User Platform is subject to your continued
relationship with the Affiliated Client and such Affiliated Client’s use and
access policies that may be provided to you by the Affiliated Client from time
to time. Fusion92 shall defer to Affiliated Client’s instructions and directives
regarding User Platform access that are not in conflict with the Terms of Use,
and in no event shall Fusion92 be responsible for Affiliated Client’s decisions
related to your access to the User Platform. You acknowledge that termination of
your affiliation or other business relationship with the Affiliated Client may
affect your access or use to the User Platform. In the event your access through
the Affiliated Client is suspended or terminated but you would like to maintain
access to your User Platform, please contact Fusion92
2.2 Access to Accounts; Roles and Permissions
Your access to the User Platform is available through either: (a) your account
that you created with Fusion92 (“User Account”) or (b) Single Sign On (SSO)
protocols utilized by the Affiliated Client to which your User Platform is
affiliated. To the extent your access is available through SSO, you can access
your User Platform by accessing your user account with the Affiliated Client
(your “Client User Account”).
The roles and permissions related to your User Platform are solely determined by
you or the Affiliated Client, as applicable. If you want your employees,
contractors, or other third parties to be able to access your User Platform (as
“Authorized Users”), if applicable, please (i) follow the processes established
for administrators on the portal in the Fusion92 platform for the User Account
or (ii) contact the Affiliated Client or follow the policies established by the
Affiliated Client in order to grant such individuals or entities access to your
User Platform for the Client User Account. You agree that you are solely
responsible for ensuring that your Authorized Users abide by the Core 2.0 Terms
applicable to the Core 2.0 Services as set forth in these Terms of Use. All
activities that occur on your account will be deemed to have occurred on your
behalf and in your name on the User Account or Client User Account, as
applicable, and the User Platform, whether or not specifically authorized by
you. Therefore, we strongly encourage you to (a) keep the log-in credentials of
your User Account or Client User Account confidential, and (b) allow access to
your User Account or Client User Account, only to people you trust - as you will
be solely and fully responsible for all activities that occur under your User
Accounts or Client User Account and User Platforms (including for any
representations, warranties, and undertakings made therein), and for any
damages, expenses or losses that may result from such activities. You must
provide accurate and complete information when using Core 2.0 Services,
including your own (or your company’s, as applicable) contact and billing
details.
2.3 Ownership
For each User Platform, Fusion92 will consider the owner of such User Platform
to be the person or entity listed in Fusion92’s records as the owner of the User
Account or Client User Account for which the User Platform was created. For
example, owners may be the insurance broker, franchise owner or co-op owner but
would not be the Authorized Users permitted by such entity to have access to the
User Platform.
In case of a dispute on User Platform ownership, we reserve the right to
determine ownership to a User Account or Client User Account based on our
reasonable judgment, whether or not an independent investigation has been
conducted by us. However, if we cannot make such a determination, as we may deem
in our sole discretion, we reserve the right to avoid doing so and to suspend a
User Platform until the parties disputing such ownership reach a resolution,
without Fusion92 having any liability to you or to any other party. We may
request documentation (e.g., government-issued ID, a business license) that may
assist us in determining ownership.
3. Your Obligations
3.1. You represent and warrant that:
1. You are at least thirteen years of age, or sixteen years of age if you are
an individual within the European Union (EU), or of the legal age of
majority in your jurisdiction, and possess the legal authority, right and
freedom to enter into the Core 2.0 Terms and to form a binding agreement,
for yourself or on behalf of the person or entity committed by you to the
Core 2.0 Terms;
2. You are not a resident of, and will not use or distribute the Core 2.0
Services, any country or region subject to U.S. comprehensive country or
regional embargos. You further confirm that you are not included on any
sanctions list, including without limitation, the U.S. Specially Designated
Nationals and Blocked Persons List, maintained by the U.S. (“SDN List”), or
any other applicable sanctions list maintained by the EU, the UK or other,
and that you are not owned 50 percent or more, directly or indirectly in the
aggregate, by a sanctioned party and are not otherwise controlled by such a
party. You further confirm that you will not use or distribute the Core 2.0
Services directly or indirectly to or for the benefit of a sanctioned party.
You agree to indemnify Fusion92 against any and all losses, including
monetary penalties and legal fees, that Fusion92 may suffer should you
violate any of the forgoing confirmations regarding your non-sanctioned
status;
3. Your country of residence or your company’s country of incorporation is the
same as the country specified in the contact or billing address you provide
us;
4. You understand that Fusion92 does not provide any legal advice or any
recommendation with respect to any laws or requirements applicable to your
use of the Core 2.0 Services, or your compliance therewith;
5. Except for Affiliated Client IP (as defined below), you confirm you own or
rightfully license all rights in and to any content uploaded, developed or
provided by you, or imported, connected, copied or uploaded by Core 2.0
Services for you to your User Platform (“User Content”), including any
designs, images, animations, videos, audio files, fonts, logos, code,
algorithms, SPIs, APIs, databases, illustrations, compositions, artworks,
interfaces, usernames, information you provide for the purpose of creating a
subdomain name, text, literary works and any other materials (“Content”), or
otherwise have (and will continue to have) the full power, title, licenses,
consents and authority, in and to the User Content, as necessary to legally
access to, import, copy, use, connect, develop, publish, transfer or license
such User Content by you and us or any of our affiliates;
6. You have (and will maintain) the full power, title, licenses, consents and
authority to allow Core 2.0 Services to access any websites, web pages and
other online services, for the purpose of importing, exporting, copying,
displaying, uploading, publishing, transmitting and otherwise using your
User Content;
7. The User Content is (and will continue to be) true, current, accurate,
non-harmful, non-infringing upon any third party rights, and in no way
unlawful for you to upload, import, export, copy, possess, post, publish,
transmit, display or otherwise use, in the country in which you or your
Authorized Users reside, or for Fusion92 or your Authorized Users to access,
import, export, copy, upload, publish, post, store, use or possess in
connection with the Core 2.0 Services; and
8. You have obtained all consents and permissions required under all applicable
laws, regarding the processing, storing, collection, posting, transmission
and publication of any personal information or image or likeness of any
person, entity or property which is part of the User Content, and you will
adhere to all laws applicable thereto.
In addition, except for Affiliated Client IP, you must own all rights in any
content you upload or publish or that we access, import or upload for you via
the Core 2.0 Services, ensure that such content is legal and reliable, and that
anything you do with it (or enable Fusion92 or your Authorized Users to do with
it) is in compliance with all applicable law.
3.2. You undertake and agree to:
1. Fully comply with all applicable laws and any other contractual terms which
govern your use of the Core 2.0 Services, and any related interaction or
transaction, including those specific laws applicable to you or your
Authorized Users in any of your geographical locations;
2. Be solely responsible and liable with respect to any of the uses of the Core
2.0 Services which occur under your Client User Account or User Platforms,
and for any of your User Content, including for any consequences of
accessing, storing, collecting, importing, exporting, uploading, copying,
using or publishing such User Content on or with respect to the Core 2.0
Services;
3. Regularly and independently save and backup any of your User Content and the
information that is being processed by you regarding your User Platform,
including with respect to Authorized Users and any applications features,
services, or Third Party Services (as defined below) used, connected,
presented or developed by you;
4. Allow Fusion92 to use in perpetuity, worldwide and free of charge, any
version of your User Platform or User Content (or any part thereof) for any
of Fusion92's marketing and promotional activities, online and/or offline,
and modify it as reasonably required for such purposes, and you waive any
claims against Fusion92 or anyone on its behalf relating to any past,
present or future moral rights, artists' rights, or any other similar rights
worldwide that you may have in or to your User Platform with respect to such
limited permitted uses; and
5. Defer to Fusion92’s commercially reasonable discretion as to the means,
manner, and method for performing the Core 2.0 Services, including those
regarding the hosting, transmission, publication and display of any User
Platforms and/or User Content
3.3. You agree and undertake not to:
1. Copy, modify, create derivative works of, download, adapt, reverse
engineer, emulate, migrate to another service, translate, compile,
decompile or disassemble the Core 2.0 Website, the Core 2.0 Services (or
any part thereof), any Content or Intellectual Property (as defined below)
offered by Fusion92, Affiliated Client or Third Party Services for use and
display within User Platforms ("Licensed Content") or any part thereof in
any way, or publicly display, perform, transmit or distribute any of the
foregoing without Fusion92's prior written and specific consent or as
expressly permitted under the Core 2.0 Terms;
2. Submit, transmit or display any User Content, or use Licensed Content in a
context, which may be deemed as defamatory, libelous, obscene, harassing,
threatening, incendiary, abusive, racist, offensive, deceptive or
fraudulent, encouraging criminal or harmful conduct, or which otherwise
violates the rights of Fusion92 or any third party, including any
intellectual property rights, privacy rights, contractual or fiduciary
rights, or otherwise shows any person, entity or brand in a bad or
disparaging light, without their prior explicit approval;
3. Use any illegal action to collect login data or passwords for other
websites, third parties, software or services;
4. Phish, collect, upload, or otherwise make available credit card information
or other forms of financial data used for collecting payments, unless done
in accordance with any applicable law, including, with the PCI DSS standard
when applicable;
5. Upload, insert, collect or otherwise make available within the Core 2.0
Website or the Core 2.0 Services (or any part thereof), any malicious,
unlawful, defamatory or obscene Content;
6. Publish and/or make any use of the Core 2.0 Services or Licensed Content on
any website, media, network or system other than those provided by
Fusion92, and/or frame, "deep link", "page scrape", mirror or create a
browser or border environment around any of the Core 2.0 Services, Licensed
Content or User Platform (or any part thereof), except as expressly
permitted by Fusion92, in advance and in writing;
7. Use any "robot", "spider" or other automatic device, program, script,
algorithm, or methodology, or any similar or equivalent manual process, to
access, acquire, copy, or monitor any portion of the Core 2.0 Services (or
its data and/or Content), or in any way reproduce or circumvent the
navigational structure or presentation of any of the Core 2.0 Services to
obtain or attempt to obtain any materials, documents, services or
information through any means not purposely made available through the Core
2.0 Services;
8. Act in a manner which might be perceived as damaging to Fusion92's
reputation and goodwill or which may bring Fusion92 into disrepute or harm;
9. Purchase search engine or other pay per click keywords (such as Google
AdWords), or domain names that use Fusion92, Core 2.0 or Fusion92
trademarks or service marks or variations and misspellings thereof;
10. Impersonate any person or entity or provide false information on the Core
2.0 Services or User Platform, whether directly or indirectly, or otherwise
perform any manipulation in order to disguise your identity or the origin
of any message or transmittal you send to Fusion92 or any Authorized Users;
11. Falsely state or otherwise misrepresent your affiliation with any person or
entity, or falsely express or imply that Fusion92 or any third party
endorses you, your User Platform, your business, or any statement you make;
12. Reverse look-up, trace, or seek to trace another User of Core 2.0 Services,
or otherwise interfere with or violate any other User's right to privacy or
other rights, or harvest or collect personally identifiable information
about visitors or users of the Core 2.0 Services or User Platform without
their express and informed consent;
13. Disable, circumvent, bypass or otherwise avoid any measures used to prevent
or restrict access to the Core 2.0 Services, User Platform, the account of
other Users, or any other systems or networks connected to the Core 2.0
Services, by hacking, password mining, or other illegitimate or prohibited
means;
14. Probe, scan, or test the vulnerability of the Core 2.0 Services or any
network connected to the Core 2.0 Services;
15. Upload to the Core 2.0 Services or User Platform or otherwise use them to
design, develop, distribute and/or otherwise transmit or execute, any
virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any
other computer code, file, or program that may or is intended to damage or
hijack the operation of any hardware, software, or telecommunications
equipment, or any other actually or potentially harmful, disruptive, or
invasive code or component;
16. Take any action that imposes an unreasonable or disproportionately large
load on the infrastructure of the Core 2.0 Services or Fusion92’s systems
or networks connected to the Core 2.0 Services, or otherwise interfere with
or disrupt the operation of any of the Core 2.0 Services, or the servers or
networks that host them or make them available, or disobey any
requirements, procedures, policies, or regulations of such servers or
networks;
17. Use any of the Core 2.0 Services and/or User Platform in connection with
any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”,
“pyramid schemes” or similar conduct, or otherwise engage in unethical
marketing or advertising;
18. Utilize any of the Core 2.0 Services for storage and/or video streaming
purposes, whether or not for main streaming purposes;
19. Access Core 2.0 Services, User Accounts, Client User Accounts, Licensed
Content or User Content through any means or technology (e.g. scraping and
crawling), other than our publicly supported interfaces and Affiliated
Client instructions;
20. Sell, license, or exploit for any commercial purposes any use of or access
to the Licensed Content or Core 2.0 Services, except as expressly permitted
by the Core 2.0 Terms;
21. Remove or alter any copyright notices, watermarks, restrictions and signs
indicating proprietary rights of any of our licensors, including copyright
mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™]
contained in or accompanying the Core 2.0 Services and/or Licensed Content;
22. Violate, attempt to violate, or otherwise fail to comply with any of the
Core 2.0 Terms or any laws or requirements applicable to your use of the
Core 2.0 Services; o
23. Access or use the Core 2.0 Services for benchmarking or similar competitive
analysis purposes or in order to build a competitive product or service
You acknowledge and agree that your failure to abide by any of the foregoing or
any misrepresentation made by you herein may result in the immediate termination
of your access to your User Platform or any Core 2.0 Services provided to you –
with or without further notice to you, and without any refund of amounts paid on
account of any such access or Core 2.0 Services.
4. Content and Ownership
4.1. Affiliated Client Intellectual Property
In connection with Affiliated Client’s enterprise-wide branding applicable to
Client User Accounts, Affiliated Client owns and is providing intellectual
property pertaining to your User Platform and to any other materials created,
developed, or connected to Core 2.0 Services by Affiliated Client, including any
designs, images, animations, videos, audio files, pdfs, fonts, logos,
illustrations, articles, blogs, compositions, artworks, code, algorithms, SPIs,
APIs, databases, interfaces, text and literary works (collectively, “Affiliated
Client IP”). You acknowledge and agree that the Affiliated Client owns all such
Affiliated Client IP and may revoke your license or ability to use such
Affiliated Client IP in its sole discretion
4.2 Your Intellectual Property
As between Fusion92 and you, you shall own or license all intellectual property
pertaining to your User Content and to any other materials created, developed,
or connected to Core 2.0 Services by you, including any designs, images,
animations, videos, audio files, fonts, logos, illustrations, compositions,
artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary
works. Fusion92 does not claim ownership rights on your User Content or to any
of the other materials created, developed, or connected by you to the Core 2.0
Services. You know and agree that in order to provide the Core 2.0 Services to
you and to maintain and improve the Core 2.0 Services (the “Purpose”) we will
need to access, upload or copy User Content to the Fusion92 platform, including
cloud services and CDN’s, to make display adjustments, to train our software
tools, to duplicate for backup and perform any other technical actions and/or
uses required to perform our services, as we deem fit. You hereby grant us a
non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license
to use your User Content for the Purpose
4.3. Fusion92's Intellectual Property
All rights, title and interest in and to the Core 2.0 Services, including any
and all copyrightable materials or any other content thereof which is or may be
subject to any intellectual property rights under any applicable law including
any artwork, graphics, images, website templates and widgets, literary work,
source and object code, computer code (including html), applications, audio,
music, video and other media, designs, animations, interfaces, documentation,
derivatives and versions thereof, the "look and feel" of the Core 2.0 Services,
methods, products, algorithms, data, interactive features and objects,
advertising and acquisition tools and methods, inventions, trade secrets, logos,
domains, customized URLs, trademarks, service marks, trade names and other
proprietary identifiers, whether or not registered and/or capable of being
registered (collectively, "Intellectual Property"), and any derivations thereof,
are owned by or licensed to Fusion92.
Subject to your full compliance with the Core 2.0 Terms and timely payment of
all applicable Fees (as defined herein), Fusion92 hereby grants you, upon
accessing your User Platform and for as long as Fusion92 provides you with the
Core 2.0 Services, a non-exclusive, non-transferable, non-sublicensable, fully
revocable, limited license to use the Core 2.0 Services and Licensed Content,
for the purpose of generating and displaying your User Platform to visitors,
solely as expressly permitted under the Core 2.0 Terms, and solely within the
Core 2.0 Services.
The Core 2.0 Terms do not convey any right or interest in or to Fusion92’s
Intellectual Property (or any part thereof), except only for the limited license
expressly granted above. Nothing in the Core2.0 Terms constitutes an assignment
or waiver of Fusion92’s Intellectual Property rights under any law. In addition
to the above, certain fonts made available to you within the Core 2.0 Services,
are licensed to Fusion92 by a third party provider, and are therefore subject to
additional license terms of such provider, which are available for your review
at https://developers.google.com/fonts/terms.
4.4. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to
the Core 2.0 Services, whether existing, suggested or contemplated, that is or
may be subject to any Intellectual Property rights ("Feedback"), such Feedback
shall be owned exclusively by Fusion92. You acknowledge and agree that Feedback
may be used by Fusion92 to: (a) further develop, customize and improve the Core
2.0 Services, (b) provide ongoing assistance and technical support, (c) contact
you with general or personalized Fusion92-related notices or interview requests
based on such Feedback or otherwise, (d) facilitate, sponsor and offer certain
promotions, and monitor performance, (e) create aggregated statistical data and
other aggregated or inferred information, that Fusion92 may use to provide and
improve its services, (f) enhance Fusion92 data security and fraud prevention
capabilities, and (g) comply with any applicable laws and regulations. In
addition, you (i) irrevocably assign to Fusion92 any right, title and interest
you may have in such Feedback and (ii) explicitly and irrevocably waive any and
all claims relating to any past, present or future moral rights, artists'
rights, or any other similar rights worldwide in or to such Feedback.
5. Privacy
Certain parts of the Core 2.0 Services (including certain Third Party Services
available therein, as further explained in Section 9 below) may require or
involve the submission, collection or use of certain personally identifying or
identifiable information. In particular and as a part of accessing or using the
Core 2.0 Services, Fusion92 and such Third Party Services may collect, access
and use certain data pertaining to Users, Authorized Users and visitors,
including the activities or navigation undertaken by Users, Authorized Users and
visitors through the Core 2.0 Services and/or User Platforms. We encourage you
to read our Privacy Policy and each such Third Party Services’ relevant policies
on a regular basis, for a description of such data collection and use practices.
Privacy Policy
6. Service Fees
6.1. Payment Terms; Additional Paid Services
The use of certain Core 2.0 Services, including your User Platform Subscription
(as defined below) may be subject to payment of particular fees, as determined
by Fusion92 in its sole discretion (“Paid Services” and “Fees”, respectively),
which are set forth on the Manage Subscription page of your My Settings.
1. Fusion92 will notify you of the Fees then in effect, and you need to pay
Fusion92 directly for any Paid Services you purchase from Fusion92. Fees for
the Paid Services must be paid in advance.
2. Fusion92 reserves the right to change its Fees at any time in its sole
discretion. Fusion92 will provide 60 days notice regarding the change to you
if such a change will affect your existing Paid Services
3. If you received a discount or other promotional offer from Fusion92,
Fusion92 shall have the right at the end of the applicable discounted period
to renew your subscription to such Core 2.0 Service(s) at the full
then-current applicable Fee, with providing notice.
4. All Fees shall be made in U.S. Dollars. To the extent permitted by law (and
unless specified otherwise by Fusion92 in writing), all Fees are exclusive
of all taxes, including value-added tax, sales tax, goods and services tax,
levies or duties imposed by taxing authorities (“Taxes”), and you shall be
responsible for payment of all such applicable Taxes. If Fusion92 is
obligated to collect or pay Taxes for the Fees payable by you, and whether
or not such Taxes were added and collected from you for previous
transactions, such Taxes may be added to the payment of any outstanding Fees
and reflected in the Invoice for such transaction. We recommend that you
verify the existence of any additional fees you may be charged by third
parties in connection with the purchase of Paid Services or in connection
with the renewal thereof (such as international transaction fees, currency
exchange fees, or fees due to banks or credit card companies). Fusion92 is
not responsible for any such additional fees or costs.
5. If you purchase Paid Services directly from Fusion92, then as part of
registering or submitting information to receive Paid Services, you also
authorize Fusion92 (either directly or through its affiliates, subsidiaries
other third parties) to request and collect payment and service fees (or
otherwise charge, refund or take any other billing actions) from our payment
provider or your designated banking account, and to make any inquiries
Fusion92 or its affiliates may consider necessary to validate your
designated payment account or financial information, in order to ensure
prompt payment, including for the purpose of receiving updated payment
details from your payment, credit card or banking account provider (e.g.,
updated expiry date or card number as may be provided to us by your credit
card company).
6.2. Subscription Auto-Renewal
1. To best ensure that you do not experience any interruption or loss of
services, certain Paid Services, such as your monthly subscription to your
User Platform (“User Platform Subscription”) include an automatic renewal
option. Therefore, unless you turn off the auto-renewal option as provided
herein, such Paid Services will automatically renew upon the end of the
applicable subscription period, which is set forth on your Manage
Subscriptions page, for a renewal period equal in time to the original
subscription period and, unless otherwise notified to you at least thirty
(30) days in advance, by Fusion92 at the same price (subject to applicable
Taxes changes and excluding any discount or other promotional offer provided
for the first period) (“Renewing Paid Services”). For example, if the
original subscription period for a Service is one month, each of its renewal
periods (where applicable) will be for one month.
2. Accordingly, where applicable and as for Fees paid directly to Fusion92, you
will be automatically charged the applicable Fees, before such renewal
period commences. In the event of failure to collect the Fees owed by you,
we may in our sole discretion (but shall not be obligated to) retry to
collect at a later time, or suspend or terminate your access to the User
Platform, with 10 days notice.
3. By entering into Core 2.0 Terms and by purchasing a Renewing Paid Service,
you acknowledge and agree that the Renewing Paid Service shall automatically
renew in accordance with the above terms.
4. Unless Fusion92 or the Affiliated Client manages this function, you are
responsible for renewing your domain name in accordance with the domain
management and hosting provider, which may have automatic annual renewals.
5. Notwithstanding anything to the contrary, you are, and shall be, solely
responsible to verify and ensure the successful renewal of the Core 2.0
Services you use (whether or not such Core 2.0 Services are subject to
automatic subscription renewals). Accordingly, you shall be solely
responsible with respect to any discontinuation of any Core 2.0 Services
previously purchased by you, including due to a cancellation, failure to
charge the applicable recurring Fees, or due to any Core 2.0 Services not
being subject to automatic subscription renewals. You acknowledge and agree
that you shall not have any claims against Fusion92 in relation to the
discontinuation of any Core 2.0 Services or Third Party Services, for
non-renewal.
6.3. Third Party Service Providers
Fusion92 may engage third-party service providers to perform many of the
services related to payment processing, including card processing,
disbursements, currency exchange, identity verification, fraud analysis, and
regulatory compliance. If Fusion92 receives notice that your activity violates a
third party’s service agreement, we may terminate or suspend this Terms of Use
and your access to your User Platform. Fusion92 will use all reasonable efforts
to provide advance notice of such termination or suspension, an explanation of
the cause of the termination or suspension, and whether a cure is applicable
and, if curable, reasonable time to cure.
6.4. Chargebacks
A decline, chargeback or other rejection of a charge of any payable Fees due to
Fusion92, on your User Account or Client User Account (“Chargeback”), will be
considered a breach of your payment obligations hereunder, and your use of the
Core 2.0 Services may be automatically terminated or suspended, provided that
Fusion92 will use commercially reasonable efforts to provide a 24 hour notice of
a termination or suspension. If a Chargeback is performed, your access to the
User Platform may be blocked without the option to re-purchase or re-use it, and
any data contained in such User Platform, including any domains, applications
and Third Party Services may be subject to cancellation as described in Section
7.2 (below).
Your use of the Core 2.0 Services will not resume until you re-subscribe for any
such Core 2.0 Services, and pay any applicable Fees in full, including any fees
and expenses incurred by Fusion92 and/or any Third Party Services for each
Chargeback received (including Fees for Core 2.0 Services provided prior to the
Chargeback, handling and processing charges and fees incurred by the payment
processor).
If you have any questions or concerns regarding a payment made by you to
Fusion92, we encourage you to first contact our Customer Support team before
filing a Chargeback or reversal of payment, in order to prevent the Core 2.0
Services from being suspended or terminated and the access to your User Platform
being blocked, and to avoid the filing of an unwarranted or erroneous
Chargeback, which may result in your being liable for its applicable Fees, in
addition to re-payment of all the Fees applicable to the Core 2.0 Services
purchased (and charged-back) by you. We reserve our right to dispute any
Chargeback received, including by providing the relevant credit card company or
financial institution with any information and documentation proving that the
User responsible for such Chargeback did in fact authorize the transaction and
received or made use of the Core 2.0 Services rendered thereafter.
7. Cancellation
7.1. Cancellation by User
You may discontinue to use and request to cancel your access to the User
Platform via the Platform and/or any Core 2.0 Services at any time. The
effective date and time for such cancellation shall be the date and time on
which you have completed the cancellation process on the Core 2.0 Services
(“Termination Date”) and your User Platform and associated User Account or
Client User Account will be shut down on such date. For monthly subscriptions,
if the Termination Date is on or before the 14th day after your monthly billing
date, Fusion92 will refund you the pro rata amount of the Fees you paid for the
remainder of the applicable monthly billing period. If the Termination Date is
on or after the 15th day after your monthly billing date, you will not be
entitled to and will not receive a refund for the remaining portion of the
applicable monthly period. Cancelled annual subscriptions will be refunded pro
rata based off the Termination Date for the calendar year.
Please note that as the cancellation process may take a few days, you should
complete and submit your cancellation request at least fourteen days prior to
the expiration of the then-current service period in order to avoid an automatic
renewal and the associated charges. For more information about canceling the
Paid Services you purchased from Fusion92, please call (888) 748-3240
7.2. Cancellation by Fusion92
Failure to comply with any of the Core 2.0 Terms or to pay any Fee shall entitle
Fusion92, among other things, to suspend (until full payment is made) or
terminate your access to the User Platform (or certain features thereof), or
suspend or terminate the provision of any related Core 2.0 Services (e.g., Paid
Services) or Third Party Services to you; provided that Fusion92 will use
commercially reasonable efforts to provide 10 days notice of suspension or
termination for failure to pay fees via our portal. As applicable to Client User
Accounts, you acknowledge and agree that your right to access the User Platform
is subject to your continued relationship with the Affiliated Client and such
Affiliated Client may instruct Fusion92 to suspend or terminate your access to
the User Platform. Upon such event, and for monthly subscriptions, Fusion92
shall refund you the pro rata amount of the Fees you paid for your User Platform
Subscription from such date of termination until the end of the then-current
subscription period if such date of termination is on or before the 14th day
after your monthly billing date. In the event your access is suspended or
terminated on or after the 15th day after your monthly billing date, you will
not be entitled and will not receive a refund for the remaining portion of the
applicable monthly billing period. Cancelled annual subscriptions will be
refunded pro rata based off the Termination Date for the annual billing period.
In no event shall Fusion92 be responsible for any damages or losses you may
incur due to the Affiliated Client’s decision to suspend or terminate your
access to the User Platform.
7.3. Loss of Data, Content and Capacity
If your access to your User Platform is suspended or terminated or any Core 2.0
Services or Third Party Services related to your User Platform are canceled
(whether at your request or at Fusion92’s discretion), it may cause or result in
the loss of certain content, features, or capacity of your User Platform,
including any User Content, Authorized User data or other usage data retained
therein and including any domain name reservation or registration that was
included in such Services (“Capacity Loss”). Fusion92 shall not be liable in any
way for such Capacity Loss, or for saving a backup of your User Platform, User
Content or Authorized User data. Please also note that additional Fees may apply
to re-activation of a User Platform or any Core 2.0 Services following their
suspension or cancellation, as determined by Fusion92 in its sole discretion.
Following the termination of your User Platform, Fusion92 reserves the right to
delete all data in the normal course of operation. Data cannot be recovered once
your User Platform is terminated. Fusion92 may, but shall not be obligated to,
retain User Content or Authorized User Data in accordance with industry
standards and its confidentiality obligations.
8. Video Services
As part of Core 2.0 Services delivered after the Effective Date, Fusion92 may
provide video services for managing videos on User Platforms ( “Video
Services”). Management of Video Services is not currently provided but if such
Video Services are offered by Fusion92 at some future date, the Video Services
will be subject to the terms hereof.
The use of the video services for your User Platform, may require that you
obtain a license to use certain intellectual property from MPEG–LA (the
“License”). It is your responsibility to determine whether your activity
requires the License and to obtain the License. Information about the License
can be obtained from MPEG LA L.L.C.
In addition to these obligations and those set forth in Section 13 of these
Terms of Use, and without reference to any liability limitations, you shall
fully indemnify, defend and hold harmless, Fusion92, its officers, directors,
members, managers, shareholders, employees, affiliates and agents, , from any
and all damages and costs, obligations, losses, liabilities debt and expenses
(including attorneys’ fees), as accrued, that arise out of or are related to
infringement or misuse of any Content, including any video content, and
including any breach of, or failure to procure and maintain the applicable
Licenses.
9. Third Party Services
The Core 2.0 Services enable you to engage, connect, further develop and procure
certain third-party services, products and tools for enhancing your User
Platform and your overall user experience, including domain registrars from
which you may purchase a domain name for your User Account, third party
applications and widgets offered via the Core 2.0 Website, third party Licensed
Content, media distribution services, third party designers who may assist you
with your User Platform, external databases, code packages and other relevant
services (collectively, “Third Party Services”). As noted above, Client User
Accounts are subject to the Affiliated Client’s instructions and directions,
which may include prior written approval of Third Party Services.
You acknowledge and agree that, regardless of the manner in which such Third
Party Services may be offered to you, whether bundled or integrated within
certain Core 2.0 Services, offered separately by Fusion92 or persons certified
or authorized by Fusion92, connected independently by you or otherwise offered
anywhere on the Core 2.0 Services, Fusion92 acts solely as an intermediary
platform between you and such Third Party Services, and does not in any way
endorse any such Third Party Services, or is responsible or liable with respect
thereto. Fusion92 will not be a party to, or in any way be responsible for
monitoring, any interaction or transaction between you and any Third Party
Services. You acknowledge that Third Party Services may require the payment of
additional amounts to providers of such Third Party Services.
Any and all use of such Third Party Services shall be solely at your own risk
and responsibility and may be subject to such legal and financial terms which
govern such Third Party Services. You should review all such terms before
engaging with any third party for Third Party Services.
If you use Third Party Services, tools, code, algorithms, databases, products,
software or goods while using our Core 2.0 Services, you declare that you act in
compliance with their applicable terms of use.
While we hope to avoid such instances (e.g., if an agent causes the Core 2.0
Services to error, run slow or otherwise be negatively impacted), Fusion92 may,
at any time and at its sole discretion, suspend, disable access to or terminate
your access to your User Platform or the Core 2.0 Services, any Third Party
Services – whether or not incorporated with or made part of your User
Platform(s) at such time – without any liability to you or to any Authorized
Users provided however Fusion92 will use commercially reasonable efforts to
advise you of the issue, reasonable details, and whether a remedy exists.
10. Misconduct and Copyrights
10.1. Misconduct and Abuse
When using Core 2.0 Services, you may be exposed to User Platforms, User Content
or Third Party Services from a variety of sources outside of Fusion92’s control,
which may be inaccurate, offensive, objectionable or illegal. You hereby waive
any legal or equitable rights or remedies you have or may have against Fusion92
with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or
otherwise misused any of the Core 2.0 Services, please immediately report such
User or Third Party Service to us by emailing abuse@core.fusion92.com You agree
that your report shall not impose any responsibility or liability upon Fusion92,
and that Fusion92 may consider such report and act upon it, refrain from taking
any such action or require additional information or documents before doing so,
at its sole discretion.
10.2. Copyrights
Fusion92 acts in accordance with its interpretation of the Digital Millennium
Copyright Act (“DMCA”). If you believe that your work has been copied or was
otherwise used in a way that constitutes copyright infringement, you may notify
us of such infringement by emailing abuse@core.fusion92.com or otherwise provide
the following information in writing to our designated Copyright Agent: (a) the
contact details of the person authorized to act on behalf of the owner of the
copyright; (b) a description of the copyrighted work that you claim has been
infringed; (c) a description of the material that you claim to be infringing or
to be the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information sufficient to permit Fusion92 to locate
the material (including URL address); (d) a statement that you have a good faith
belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and (e) a statement that the
information in the notification is accurate and, under penalty of perjury, that
you are the copyright owner or are authorized to act on behalf of the owner of a
copyright that is allegedly infringed.
Fusion92’s Copyright Agent can be reached at the following address:
Fusion92
440 W Ontario Street, Chicago IL 60654
Attn: Copyright Agent
Telephone Number: 888.550.4864
E-mail: copyright@core.fusion92.com
If Fusion92 receives notice regarding a copyright infringement related to your
User Platform or User Content, it may cancel your access to your User Platform
or take down or remove any Content in its sole discretion, with or without prior
notice to you. In such case, you may file a proper counter-notice in accordance
with Section 512 of the DMCA, in which you must include: (a) your full name,
address, phone number and physical or electronic signature; (b) identification
of the material and its location before removal; (c) a statement under penalty
of perjury that the material was removed by mistake or misidentification; (d)
your consent to an appropriate judicial body; and (e) any other information
required under the relevant provisions of the DMCA. Any notices filed pursuant
to this Section 10 may be deemed accepted, applicable and compliant with the
DMCA, or not, at Fusion92’s sole reasonable discretion. Fusion92reserves the
right to notify the person or entity providing the infringement notice of such
counter-notice and provide any details included therein.
11. Disclaimer of Warranties
We provide the Core 2.0 Services on an "As Is", "with all faults" and "As
Available" basis, without any warranties of any kind, including any implied
warranties or conditions of merchantability, fitness for a particular purpose,
workmanlike effort, non-infringement, or any other warranty – all to the fullest
extent permitted by law. We specifically do not represent or warrant that the
Core 2.0 Services or any part, feature or Content thereof (a) are complete,
accurate, of any certain quality, reliable or secure in any way, suitable for or
compatible with any of your or your Authorized Users' contemplated activities,
devices, operating systems, browsers, software or tools or that they will remain
as such at any time, or (b) comply with any laws applicable to you or your
Authorized Users including in any jurisdiction in which you operate, or (c) will
be free of any viruses, bugs or other harmful components or program limitations.
Moreover, we do not endorse any entity, product or service (including any Third
Party Services) mentioned on or made available via the Core 2.0 Services – so
please be sure to verify those before using or otherwise engaging them.
Fusion92, in its sole discretion, may, but shall not be obligated to, screen,
monitor and/or edit any User Platform and/or User Content, at any time and for
any reason, with or without notice
Notwithstanding anything to the contrary, in no circumstances may Fusion92 be
considered as a “publisher” of any User Content or Affiliated Client IP, nor
does Fusion92 in any way endorse any User Content or Affiliated Client IP, or
assume any liability for any User Content or Affiliated Client IP uploaded,
posted, published or made available by any User or any other party on or through
the Core 2.0 Services. Further, Fusion92 shall have no liability for any loss,
deletion or damage to User Content or Affiliated Client IP or any loss, damage,
cost or expense that you or others may suffer or incur as a result of or in
connection with publishing, accessing or relying on any User Content or
Affiliated Client IP. Furthermore, Fusion92 shall not be liable for any
mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement or
any other unlawful or infringing User Content you or any other party may
encounter.
You acknowledge that there are risks in using the Core 2.0 Services or
connecting or dealing with any Third Party Services through or in connection
with Core 2.0 Services, and that Fusion92 cannot and does not guarantee any
specific outcomes from such use and/or interactions, and you hereby assume all
such risks, liabilities and harm of any kind arising in connection with or
resulting from such interactions. Such risks may include, among others,
misrepresentation of information about or by Third Party Services or Licensed
Content, breach of warranty or contract, violation of rights, and any consequent
claims.
Fusion92 does not recommend the use of the Core 2.0 Services for hosting of
personal content and shall not bear any security or integrity obligations or
risks regarding breach or damage to any such content.
Please note that certain Core 2.0 Services are currently offered in their BETA
version, and undergoing BETA testing. In addition to the aforesaid, you
understand and agree that certain Core 2.0 Services may still contain software
bugs, suffer disruptions and not operate as intended or designated. Your use of
the Core 2.0 Services at this BETA stage signifies your agreement to the above
and to participate in such Core 2.0 Services’ BETA testing.
12. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction,
Fusion92, its officers, directors, members, managers, shareholders, employees,
affiliates and agents shall not be liable to you, your Authorized Users or your
Authorized Users for any direct, indirect, incidental, special, punitive,
exemplary or consequential damages whatsoever or lost profits or lost revenues,
including any damages resulting from (a) errors, mistakes, or inaccuracies of or
in any content; (b) any personal injury or property damage related to your use
of the Core 2.0 Services; (c) any unauthorized access to or use of our servers
and/or any personal information or other information stored therein; (d) any
interruption or cessation of transmission to or from the Core 2.0 Services; (e)
the use or display of any Affiliated Client IP, Content or User Content posted,
emailed, transmitted, or otherwise made available via the Core 2.0 Services; (f)
events beyond the reasonable control of Fusion92, including any internet
failures, equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, earthquakes, explosions, acts of God, war,
terrorism, intergalactic struggles, governmental actions, orders of courts,
agencies or tribunals or non-performance of third parties; or (g) loss of use,
data, profits, goodwill, or other intangible losses, resulting from the use or
the inability to use any or all of Core 2.0 Services.
You acknowledge and agree that these limitations of liability are agreed
allocations of risk constituting in part the consideration for Fusion92's
services to you, and such limitations will apply even if Fusion92 has been
advised of the possibility of such liabilities.
IN NO EVENT SHALL FUSION92 AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO
THESE TERMS OF USE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID
TO FUSION92 PURSUANT TO THESE TERMS OF USE IN THE SIX-MONTH PERIOD PRECEDING THE
EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS LESS.
13. Indemnity
You agree to defend, indemnify and hold harmless Fusion92, its officers,
directors, members, managers, shareholders, employees, affiliates and agents,
from and against any and all claims, damages, obligations, losses, liabilities,
costs, debt and expenses (including attorneys' fees) arising from: (a) your
violation of any term of these Terms of Use or any other Core 2.0 Terms; (b)
your violation of any third party right, including any copyright, access rights,
property, or privacy right, resulting from your User Platform or User Content or
your use of the Core 2.0 Services, including Core 2.0 Services' actions for your
benefit; or (c) any other type of claim that your User Platform or User Content
caused damage to a third party.
14. General
14.1. Changes & Updates
Fusion92 reserves the right to change, update, substitute or suspend any of the
Core 2.0 Services (including the right to terminate, suspend or sunset any of
the features thereof, or prices applicable thereto).
You agree that Fusion92 will not be liable to you or to any third party for any
modification, suspension or discontinuance of those Core 2.0 Services (or
materials, content or services created, developed or connected by you in
connection with the Core 2.0 Services).
If any such changes involve the payment of additional or higher Fees, we will
provide you with a notice regarding such additional or higher Fees prior to
enabling such specific changes. If you fail or refuse to pay such additional or
higher Fees, we may (at our sole discretion) terminate this Terms of Use and
your access to the User Platform.
14.2. Governing Law & Jurisdiction; Class Action Waiver
You expressly acknowledge and agree that Fusion92 shall have the right to
enforce these Terms of Use against you.
The Core 2.0 Terms, the rights and remedies provided hereunder, and any and all
claims and disputes related hereto or to the Core 2.0 Services, their
interpretation, or the breach, termination or validity thereof, the
relationships which result from or pursuant to the Core 2.0 Terms, or any
related transaction or purchase, shall be governed by, construed under and
enforced in all respects solely and exclusively in accordance with the internal
substantive laws of the State of Illinois, without respect to its conflict of
laws principles. Any and all such claims and disputes shall be brought in, and
you hereby consent to them being decided exclusively by, a court of competent
jurisdiction located in Chicago, Illinois. Subject to any applicable law, all
disputes between you and Fusion92 shall only be resolved on an individual basis,
and you shall not have the right to bring any claim against Fusion92 as a
plaintiff or a member of a class, consolidated or representative actions or any
other legal proceedings conducted by a group or by representatives on behalf of
others.
Notwithstanding anything to the contrary in this Section 14.2, if you are
located in the United States of America, (a) the legal jurisdiction governing
all aspects of the payment transaction contemplated herein between you and
Fusion92 will be the State of Illinois, without respect to its conflict of laws
principles, and (b) any and all claims and disputes related to such payment
transaction contemplated herein shall be brought in, and you hereby consent to
them being decided exclusively by, a court of competent jurisdiction located in
Chicago, Illinois.
14.3. Notices
We may provide you with notices in any of the following methods: (a) via the
Core 2.0 Services, including by a banner or pop-up within the Core 2.0 Website,
User Platform, or elsewhere; (b) by an e-mail, sent to the e-mail address you
provided us; or (c) through any other means, including any phone number or
physical address you provided us through your Client User Account. Fusion92's
notice to you will be deemed received and effective within twenty-four hours
after it was published or sent through any of the foregoing methods unless
otherwise indicated in the notice.
14.4. Relationship
The Core 2.0 Terms, and your use of the Core 2.0 Services, do not, and shall not
be construed to create any partnership, joint venture, employer-employee,
agency, or franchisor-franchisee relationship between Fusion92 and you.
14.5. Entire Agreement
These Terms of Use, together with the Core 2.0 Terms and any other legal or fee
notices provided to you by Fusion92, shall constitute the entire agreement
between you and Fusion92 concerning the subject matter hereof or thereof, and
supersede any and all prior or contemporaneous agreements, understandings,
promises, conditions, negotiations, covenants or representations, whether
written or oral, between Fusion92 and you, including those made by or between
any of our respective representatives, with respect to any of the Core 2.0
Services. You further agree that you are not relying upon any promise,
inducement, representation, statement, disclosure or duty of disclosure of
Fusion92 in entering into any of the Core 2.0 Terms.
14.6.Assignment
Fusion92 may assign its rights and obligations hereunder and transfer ownership
rights and title in the Core 2.0 Services and Licensed Content to a third party
without your consent or prior notice to you. You may not assign or transfer any
of your rights and obligations hereunder without the prior written consent of
Fusion92. Any attempted or actual assignment thereof without Fusion92’s prior
explicit and written consent will be null and void. In any event, an assignment
or transfer pursuant to this Section 14.6 shall not in itself grant you the
right to cancel any Core 2.0 Services or Third Party Services then in effect
14.7. Severability & Waivers
If any provision of the Core 2.0 Terms is deemed by a court of competent
jurisdiction to be invalid, unlawful, void, or for any reason unenforceable,
then such provision shall be deemed severable and will not affect the validity
and enforceability of the remaining provisions. No waiver of any breach or
default of any of the Core 2.0 Terms shall be deemed to be a waiver of any
preceding or subsequent breach or default.
14.8. Interpretation
Any heading, caption or section title contained herein, and any explanation or
summary, is provided only for convenience, and in no way defines or explains any
section or provision hereof, or legally binds any of us in any way.
These Terms of Use were written in English and may be translated into other
languages for your convenience. If a translated (non-English) version of these
Terms of Use conflicts in any way with their English version, the provisions of
the English version shall prevail.
14.9. Customer Service Contact
To get in touch with our Customer Service - please send an email message to:
support@core.fusion92.com
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