Last Updated: July 24th, 2018
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the myFOSSIL website at www.myfossil.org and the myFOSSIL mobile app (collectively, the “Service” or “Website”) operated by The FOSSIL Project (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Only individuals who are 13 years of age or older are eligible to access the myFOSSIL website and mobile app.
Please also review our Privacy Policy.
User Code of Conduct
- Users are prohibited from posting defamatory, abusive, profane, threatening, offensive, or illegal content.
- Users are prohibited from posting content intended to facilitate a for-profit, commercial transaction or advertise a for-profit, commercial activity.
- Users are prohibited from posting content protected by copyright without the permission of the copyright owner.
Content that violates these Terms may be flagged and removed in The FOSSIL Project’s sole discretion. Users that violate these Terms may have their accounts disabled.
Further Restrictions
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant the FOSSIL Project a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. The FOSSIL Project reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
Licensing
The myFOSSIL website and mobile app are licensed under a Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) license. By contributing content to the myFOSSIL website or mobile app, users agree that their content may be used in accordance with the CC BY-NC 4.0 license. This means that anyone can share or adapt user material found on the website and app for non-commercial purposes, as long as appropriate attribution is given. For more information on the license and its restrictions, visit: https://creativecommons.org/licenses/by-nc/4.0/.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 10 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
No Warranties
This Website and the Service is provided “as is,” with all faults, and The FOSSIL Project makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of Liability
In no event shall The FOSSIL Project nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and The FOSSIL Project, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent The FOSSIL Project from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between The FOSSIL Project and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Florida and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.
Contact Information
Please contact the FOSSIL Project Team with any questions regarding this agreement.
1659 Museum Road
PO Box 117800
Gainesville, FL 32611