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Terms & Conditions

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF SERVICE BEFORE USING FIONA INTERACTIVE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

1. Acceptance of Terms

Fiona Interactive welcomes you to its online service (the "Service"). By using this Service you are agreeing to the following Terms of Service ("TOS"), our Privacy Policy (the “Privacy Policy”) available at https://www.fionainteractive.com/privacy-policy whether or not you are a registered customer of Fiona Interactive. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at https://www.fionainteractive.com/terms-of-service and should check regularly for updates and changes.

In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.

IF YOU DO NOT AGREE TO THE CURRENT TERMS AND SERVICES, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS AND CONDITIONS FOR ITS USE.

2. Eligibility

You must be at least thirteen (13) years of age to open an account with Fiona Interactive (“Account”). You must have sufficient legal capacity to enter into the TOS or, if you lack such capacity (for instance, if you are under eighteen (18) years of age), that you have obtained parental or guardian consent to do so.

You represent and warrant that you have read, understand, and agree to abide by these Terms and any applicable additional Terms, and that you have read, understand the data collection and use practices set for in the Privacy Policy.

Your account will be deemed ‘Dormant’ if you have not logged in for a period of twelve (12) months. We will provide email notice to the email address registered to the account, advising that the Acount balance will be set to zero at thirty (30) days from the notice. If the Account remains dormant, at twenty-four (24) months of inactivity, the Account balances are zeroed out.

“Authorized Account Holder” is defined as the natural person 13 years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted-mail address for registration on the Website.

3. Refund Policy

Deposits made on the Website will appear on your statement as Fiona Interactive. All payments and/or transactions of any kind and nature are final. No refunds will be issued, and in the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person whose name the Account was registered.

4. Description of Service

Fiona Interactive makes available a collection of resources to its registered and non-registered users as the Service. Registered users can create Content (as defined by Section 4 below), establish brands, transact, share, promote, select favorites, edit, rate, comment and read other people's Content. Non-registered users can browse topics, profiles, and other people’s Content.

THE SERVICE IS PROVIDED "AS IS" AND FIONA INTERACTIVE ASSUMES NO RESPONSIBILITY FOR TIMELINESS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS. ADDITIONALLY, FIONA INTERACTIVE PROVIDES INFORMATION WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF THE INFORMATION.

Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new Fiona Interactive properties, are subject to the then current TOS.

All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, Fiona Interactive can discontinue their ability to use the site at any time. In addition, we have the right to delete any piece of Content, and provide comment on any topic or profile we find objectionable in our reasonable discretion.

You may only use this website for purposes expressly permitted by the TOS. As a condition of your use of Fiona Interactive, you represent and warrant to Fiona Interactive that you will not use the website and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.

You alone are totally responsible for any activity that takes place on Fiona Interactive under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify Fiona Interactive immediately. It is up to you to maintain the confidentiality of your password and username at all times.

You understand that you may receive business-related communications from Fiona Interactive such as Service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.

As a user of the Service you also understand and agree that the Service will also include advertisements. You agree that such advertisements are not "unsolicited commercial email advertisements" and, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Fiona Interactive shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.

You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE, AND MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY "ADULT" DESIGNATED PORTIONS OF THE SERVICE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.

5. Rules of Behavior

  • You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal and proper.
  • You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
  • You must not violate the privacy or publicity rights of others.
  • You must not engage in any type of financial fraud including unauthorized use of accredit instruments to enter a Game or claim a prize.
  • You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
  • You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.
  • You must not post, upload or link to anything that could potentially exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
  • You must not post, upload or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind, without the users’ prior express consent in each instance.
  • You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
  • You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
  • You must not impersonate another person, group of people, or entity at any times, which includes not using anyone else's username or password.
  • You must not use the Fiona Interactive Service for any illegal, immoral, or unauthorized purpose.
  • You must abide by all applicable Federal, State and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Content including without limitation the exportation of data to the United States or to your country or residence.
  • You cannot modify, edit, or delete any Content and communications of the Fiona Interactive site and/or of other individuals other than your own Content.
  • You must not transmit any viruses, worms, defects, Trojan Horses or any items and/or computer code, files or programs of a destructive nature and/or otherwise designed to interrupt or limit the functionality of any computer software or hardware or telecommunications device.
  • You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
  • You must not do anything that disrupts the normal flow of process or dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities through this website.
  • You must not interfere with or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  • You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
  • You must not state or imply that any of your submitted and or posted Content is endorsed by Fiona Interactive or any affiliate thereof.
  • You must not retrieve, store or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
  • You must not engage in any "spamming" of any kind, including without limitation ad spamming.
  • You cannot use the Fiona Interactive name or trademarks or related trade names, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Fiona Interactive is associated with, or endorses, or is in any way connected with you, your business, or your Content.

WHILE FIONA INTERACTIVE EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT FIONA INTERACTIVE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY FIONA INTERACTIVE IN WRITING.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, FIONA INTERACTIVE CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

6. Content

As a registered user, you will be able to upload and post a great variety of materials and information, including but not limited to text, audio, video, photographs, links, graphics, promotional campaigns, rules, settings and other materials, including any related details and information ("Content"). This means that you have sole responsibility, not Fiona Interactive, for all of the Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload, or link to or on Fiona Interactive is entirely your responsibility.

Fiona Interactive shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Fiona Interactive Members or otherwise created, distributed and displayed on any part of the Service. Fiona Interactive does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. Fiona Interactive does not own any of the Content you post. By placing Content on the Service you are providing Fiona Interactive with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce and distribute your Content, in whole or in part, on the site for editorial and promotional purposes of the site. Fiona Interactive reserves the right to exploit or promote this Content in connection with the promotion of the Service and other services offered by Fiona Interactive.

Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service, subject to all applicable laws. Fiona Interactive shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify Fiona Interactive with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Fiona Interactive will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same other than as may be specifically required by law.

You acknowledge that Fiona Interactive may or may not pre-screen Content but that Fiona Interactive and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or is otherwise objectionable as determined by Fiona Interactive in its sole discretion.

Fiona Interactive may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of Fiona Interactive, its users and the public.

Fiona Interactive respects your ownership of Content. If You owned Content before providing it to Fiona Interactive, you will continue owning it after providing it to Fiona Interactive, subject to any rights granted in the Terms of Service and any access granted to others. If you delete Content from the Services, the Company’s general license to that Content will end after a reasonable period of time required for the deletion to take full effect. However, the Content may still exist on our backup copies, which are not publicly available. If your Content is share with third parties, those third parties may have retained copies of your Content. In addition, if Fiona Interactive made use of your Content before you deleted it, Fiona Interactive will continue to have the right to make, duplicate, redistribute, and sublicense those re-existing uses, even after you delete the Content. Terminating your Account on a Service will not automatically delete your Content.

Fiona Interactive respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Fiona Interactive may, but is not obligated to disable, suspend and terminate the accounts of Members who may be infringing on the rights of others. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact Fiona Interactive as soon as practically possible at legal@fionainteractive.com with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of where the material you claim is infringing is located on the site;
  3. your name, address, telephone number, and email address;
  4. a statement claiming that you have a good faith belief that the disputed use has not been authorized; and
  5. a statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.

7. Payments and Withdrawals

All deposits and withdrawals will have gateway fees applied, separate from any fees that Fiona Interactive charges within its policies. Merchants may restrict or block transactions depending on their policies. All prices and costs on Fiona Interactive shall be in the currency of the United States. Foreign currency transactions will be subject to a a conversion fee. Any and all applicable taxes are Your responsibility.

You can request to withdraw funds from your account at any time. Requests for withdrawal will be honored by the later of five business days or ten business days of submission of any tax reporting paperwork required by law. A request for withdrawal will be considered honored if it is processed by Fiona Interactive, but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Players can also permanently close their account at any time for any reason through Fiona Interactive customer service department.

As of the date set forth for the Terms of Service, Fiona charges brands approximately five percent (5%) of the gross deposit amount and charges consumers or brands approximately five percent (5%) of the gross withdrawal amount at the time of transaction. All transactions are final and Fiona does not issue refunds by policy. Fiona reserves the right to update its fee policy anytime along with an update to its Terms of Service.

As of the date set forth for the Terms of Service, each credit (“Credit”) represents zero dollars and one cent ($0.01). Fiona’s intent is for Members to transact and manage transaction details within the Fiona properties in terms of Credits, and recommends using deposits or withdrawals at their discretion. Transactions that only include Credits shall not incur transaction or payment gateway-related costs, thereby allowing Members to dictate when, how and how much to transact when involving deposits or withdrawals. All deposits and withdrawals will use the US Dollar (USD) as the default currency. Fiona is not responsible for any merchant, banking or government-regulated transaction cost, associated tax burden or associated currency conversions, and recommends for Members to seek financial advice from an outside counsel for any transaction-related guidance and handling.

8. Links

The Service may provide, or third parties including Fiona Interactive Members may provide, links to other websites or resources, which are not maintained by or related to Fiona Interactive. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Fiona Interactive. Fiona Interactive has no control over these sites and their content, and makes no representations or warranties about the content, completeness, quality or accuracy of the links, materials or information contained on any such website. Therefore, you acknowledge and agree that Fiona Interactive is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Fiona Interactive is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF FIONA INTERACTIVE REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH REQUEST, FIONA INTERACTIVE HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.

9. Indemnity

You agree to indemnify, defend, and hold Fiona Interactive, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Service in violation of these TOS and/or your violation of any rights of another or any applicable law, rule or regulation. Fiona may, in its sole and absolute discretion, require You to execute a separate release of claims similar to the one listed in this paragraph as a condition of being awarded any funds, awards, prizes from Fiona Interactive.

ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIVERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME IS A VIOLATION OF CRIMINAL AND/ OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FIONA INTERACTIVE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERFORM TO THE FULLEST EXTENT PERMITTED BY LAW.

10. No Resale of Service

You agree not to, without the express prior written consent of Fiona Interactive in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.

11. Modification and Termination of the Service

Fiona Interactive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fiona Interactive will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Service.

12. Fiona Interactive Privacy Policy

Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at http://www.fionainteractive.com/privacy-policy. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety.

13. Registration

In order to use certain aspects of the Service you are required to register. We refer to registered users as “Members”. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:

  • In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
  • You agree to provide true, accurate, current and complete information as required on the Service's Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Fiona Interactive has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
  • You agree that Fiona Interactive may, under certain circumstances and without prior notice, immediately terminate your Fiona Interactive account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to:(i) a breach or violation of the TOS or other Fiona Interactive policies, guidelines, or rules (including without limitation the Privacy Policy), (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in Fiona Interactive"s sole discretion and that Fiona Interactive will not be liable to you or any third party for any termination of your account, password, username, deletion of Content and/or access to the Service.
  • You agree that your account is non-transferable and any rights to your account, password, username, and virtual currency or goods terminate upon your death or disability and/or termination of account for any reason.
  • You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, contact Fiona Interactive immediately. It is up to you to maintain the confidentiality of your password and account. Fiona Interactive is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
  • Should a Member also register a brand, Fiona reserves the right to request any information necessary to verify that the brand is valid, which Fiona attempts to do on a best-efforts basis only. Fiona reserves the rights to disable, refuse verification of or otherwise restrict a Member or its subsequent brand(s) in any manner it so chooses, up to and including banishment from the service.

14. Practices regarding Use and Storage

You acknowledge that Fiona Interactive may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of space that will be allotted oFiona Interactive servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that Fiona Interactive has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that Fiona Interactive reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Fiona Interactive has the right to modify these practices and limits from time to time.

15. Intellectual property rights

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to Fiona Interactive, subject to copyright and other intellectual property rights under United States and Foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Fiona Interactive reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein.

16.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Fiona Interactive and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by Fiona Interactive or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Fiona Interactive"s exclusive rights in the Fiona Interactive trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on Fiona Interactive are the property of Fiona Interactive or the party that provided such intellectual property to Fiona Interactive. Fiona Interactive and any party that provides intellectual property to Fiona Interactive retain all rights with respect to any of their respective intellectual property appearing on Fiona Interactive, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

17. No Co-Branding or Framing

You may not use or authorize any party to co-brand or frame Fiona Interactive or any Service without the express prior written permission of an authorized representative of Fiona Interactive, as applicable, in each instance. For purposes of this TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute Fiona Interactive, in whole or in part, and/or any content accessible within Fiona Interactive. For purposes of this TOS, "framing" refers to displaying any Fiona Interactive webpage or Service within a bordered area of another website, regardless of whether the address of the originating Fiona Interactive is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from Fiona Interactive.

18. Disclaimer of Warranties

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FIONA INTERACTIVE AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFWARE ON AN PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; € ANY PRODCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/ OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITES’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPOENTS.

19. Limitation of Liability

You expressly understand and agree that Fiona Interactive will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Fiona Interactive has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service. In no event will Fiona Interactive be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.

20. Special Admonition for Services Relating to Financial Matters

If you receive or request any news, messages, or other information from the Service concerning stock quotes, companies, investments, or securities, remember that the Service is provided for entertainment purposes only, and no Content included or information made available by the Service is intended for trading or investing purposes. Fiona Interactive and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.

21. Personally Identifiable Information

Fiona Interactive cautions you against giving out any personally identifying information about yourself, your children, or any other person in any Service. In an effort to preserve your privacy, Fiona Interactive agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy located at http://www.fionainteractive.com/privacy-policy.

22. Disclosures Required by Law

Fiona Interactive reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Fiona Interactive reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Fiona Interactive to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. Fiona Interactive will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that Fiona Interactive shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD FIONA INTERACTIVE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FIONA INTERACTIVE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FIONA INTERACTIVE OR ANY LAW ENFORCEMENT ORE REGULATORY AUTHORITIES.

23. Disputes

If there is any dispute about or involving the Fiona Interactive and/or the Service, you agree that any dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the Harris County, Texas.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

If Members have a dispute with each other for any reason, Fiona reserves the right and sole discretion to unilaterally govern the outcome, including but not limited to the forcing through or blocking of a transaction, the disabling or deletion of content or information, the management of a campaign and associated redemption(s) or determining whether any Terms of Service have been violated, or whether to govern an outcome at all. Fiona provides Members managing brand accounts and campaigns with systematic authority to approve redemptions from other Members. However, if valid redemptions are ignored, denied or manipulated, and the Member provides proof of their redemption to Fiona (within Fiona’s sole discretion as it relates to its interpretation of the campaign’s rules), Fiona may award the Member with a valid redemption and override the brand. If a Member tries to manipulate, mislead or abuse the campaign and redemption process, Fiona reserves the right to govern such Member, campaign and/or redemption in any manner it sees fit, including but not limited to banishment from the Service, forfeiture of funds and disabling of further functionality.

For any dispute between Members, please contact support@fionainteractive.com with details around the dispute. Fiona reserves the right to review and request dispute information in whatever timeline it deems reasonably necessary to involve itself, and otherwise allows Members to systematically resolve disputes through the Fiona web systems, accordingly. For avoidance of doubt, Fiona has no responsibility to aid in the resolution or result of a dispute, and reserves the right to unilaterally govern such disputes on a case by case basis.

24. Miscellaneous Terms; General Information

These TOS govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fiona Interacrivce with respect to the Service and this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. Fiona Interactive may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.

The failure of Fiona Interactive to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by Fiona Interactive must be in writing and signed by an authorized representative of Fiona Interactive to be effective.

If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.

Please immediately report any violations of these TOS to Fiona Interactive at support@fionainteractive.com.