Terms of Use
 

Updated as of February 5, 2008

1. Do you understand?

A. We know that you feel like you have better things to do than sit here and read all these rules and regulations. But by using and/or visiting this website (collectively, including all content and functionality available through the FarewellMrPresent.com domain name, the "Farewell Mr. President Website", or "Website"), you signify your agreement to our privacy notice, these terms and conditions (the "Terms of Service"), and our community guidelines. If you do not agree with anything we say here, then find another site to visit and we’ll all be better off.

B. Rules are static, and with time, things may change. If that happens, we will let you know. But be proactive! It can’t hurt to visit this page every now and then to see if there has been any updates.

2. Our website

A. These Terms of Service apply to all users of the FarewellMr.President Website, including users who are also contributors of video content, information, and other materials or services on the Website. The FarewellMrPresident Website includes all aspects of the sit, including but not limited to all products, software and services offered via the website.

B. The FarewellMr.President Website may sometimes contain links to other websites. If you see something on one of those sites you don’t like, it’s not our fault. We take no responsibility for, the content, privacy policies, or practices of any third party websites. And, by the way, we have no power to censor that, which is not ours. By using the Website, you understand this, and will not give us any grief over anything you find on any related third-party website and all liability arising from your use of any third-party website.

C. In general, you should always visit the Terms of Service page, no matter what site you are visiting. Honestly, why wouldn’t you? Unless you are one of those who refuse to ask directions.

3. Your Account

A. We are an elitest bunch. You must become a member by creating an account if you want to access some of the features on our Website. And, your account is your account. This right will be protected, and if you use another’s account without permission, that is against these Terms of Service. When creating your account, you must answer the questions completely and truthfully. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify FarewellMr.President immediately of any breach of security or unauthorized use of your account.

B. We are not be liable for your losses caused by any unauthorized use of your account, however you may be liable for the losses of Farewell Mr. President or others due to such unauthorized use.

4. Rules and Restrictions

FarewellMrPresident implicitly you permission to access and use the Website as set forth in these Terms of Service, provided that:

I. You agree not to change or alter any part of the Website.

II. You agree not to share out in any medium any part of the Website without Farewell Mr. President's prior written permission.

III. You agree not to access User Submissions (defined below) or any of our content through any technology or means other than the video playback pages of the Website itself, or any means that we authorize for such usage.

IV. You agree not to use the Website, including the Farewell Mr. President media players for any commercial use, without the prior written permission. Prohibited commercial uses include any of the following actions taken without FarewellMr.President’s direct permission:

a. Don’t try to sell access or features of our site on another site. Clearly, that’s not cool;
b. same goes for use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
c. sell advertising on our site without our permission. It’s sort of like trespassing and not allowed unless we say it is.
d. and any use of the Website or its related services in an attempt to undercut or work against us, or be competition for us. Not cool.
V. The following, though IS ok:
a. you may upload original videos or maintaining an original channel in an effort to promote yourself or your business.
b. you can upload videos that are related to an ad-enabled blog as long as it’s not in any way a competitor to us.
c. Anything we say is ok, is. So, if you get our permission, go ahead! Go wild!
F. If you decide to use videos from our site on your own website, we ask that you link back to us so that people can find us, and know the video is ours (not yours!).

G. Spam and bots are not in your best interests or ours. Do not use robots, spiders, offline readers, or anything of the link while accessing our website. Search engines are acceptable, of course, but we will now allow the harvesting of names, contents, or accounts for commercial purposes without our express permission. You also agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

H. While using our website, you will comply with not only our rules and Terms of Service, but any laws governing your city, state, or nation.

I. We own the website. We reserve the right to change, add, or end features at any time. You have the right to accept that, or go look at someone else’s videos.

5. Using Content on Our Site

Aside from the general restrictions and guidelines above, the following restrictions apply exclusively to your use of content on the FarewellMr.President Website.

A. All video and text content on the FarewellMr.President Website - this includes without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FarewellMr.President, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to for your enjoyment, information and personal use only and may not be downloaded, 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. FarewellMr.President reserves all rights not expressly granted in and to the Website and the Content.

B. You may access user-submitted videos for the reason of:
i. Personal use or information;
ii. "Streaming" or transmitting via connection from our site to the site of your choosing for real-time viewing. This is only acceptable when viewing videos “as is”.
C. Comments posted by users are shared for your information and entertainment, and personal use, and are available “as is” for your information solely as intended through the normal functionality of the FarewellMr.President Service. These comments may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the FarewellMr.President Service or otherwise as prohibited under this Agreement.

D. You may access FarewellMr.President Content, submissions by users, and other content only as permitted under this Agreement. FarewellMr.President reserves all rights not expressly granted in and to the FarewellMr.President Content and the FarewellMr.President Service.

E. The content of this site is the content of this site, and while membership “has its privileges”, you will not use, copy, or distribute any of our content in any way other than we expressly permit – unless with our written express permission.

F. Our security is for everyone’s protection. By using this site, you agree not to circumvent, disable or otherwise interfere with any security features or protections on the FarewellMr.President Website or to hijack, hinder, or disable any features that prevent or restrict use or copying of any Content or enforce limitations on use of the FarewellMr.President Website or the Content therein.

G. While on our site, you will see submissions from sources from around the universe. It may be inaccurate, bad, or something you don’t ‘agree with. We are not responsible for this. If it’s offensive or objectionable, you understand it is not our fault, and you waive any rights to hold us responsible, legally or otherwise.

6. Your Content and Submissions

A. As a FarewellMr.President member and subscriber, you have the right to submit video content and comment/view the content of others Once something is submitted and shared, we cannot protect your anonymity or privacy.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize FarewellMr.President to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. Any video you submit remains your property. However, as soon as you upload it to our site, you are granting us the right to use it, distribute it, and reproduce it at will in connection with our own business, without limitation in any media formats and through any media channels. By uploading the video, you are granting FarewellMr.President Website complete right and access to use and reproduce and distribute your user videos. This right will end in a reasonable time after you choose to remove or delete your User Videos from the FarewellMr.President Service.

D. You retain ownership over your own intellectual property, as in guidelines above, but you agree to note submit any user videos that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FarewellMr.President all of the license rights granted herein.

E. You will comply with our community guidelines, which may be updated from time to time.

F. FarewellMr.President does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FarewellMr.President expressly disclaims any and all liability in connection with User Submissions. FarewellMr.President does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and FarewellMr.President will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. FarewellMr.President reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. You will receive a warning if you violate our rules or TOS, but FarewellMr.President will reserve the right to terminate a User's access to its Website if, they continue to violate the rules and not heed our warnings.

B. FarewellMr.President retains sole discretion in deciding if a user or user content is appropriate and acceptable for our site, and reserves the right to reject any such content.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed 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 reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, FarewellMr.President may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at FarewellMr.President's sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE FAREWELLMR.PRESIDENT WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FAREWELLMR.PRESIDENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FAREWELLMR.PRESIDENT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FAREWELLMR.PRESIDENT WEBSITE. FAREWELLMR.PRESIDENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FAREWELLMR.PRESIDENT WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FAREWELLMR.PRESIDENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL FAREWELLMR.PRESIDENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FAREWELLMR.PRESIDENT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FAREWELLMR.PRESIDENT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by FarewellMr.President from its facilities in the United States of America. FarewellMr.President makes no representations that the FarewellMr.President Website is appropriate or available for use in other locations. Those who access or use the FarewellMr.President Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Protection

FarewellMr.President, as well its members and employees, protected against all blame and claims/damages resulting from you use or misuse of our service, your violation of any Terms of Service, or your violation of any third-party rights. This protection and indemnification obligation will survive these Terms of Service and your use of the FarewellMr.President Website.

12. It All Begins with Acceptance

As a subscriber/member, you agree that you are either an adult or a minor with the permission of a parent or guardian to use this service. You further agree that based on your adulthood or adult permission, you understand and accept all the terms and conditions on these pages. If you do not understand or do not have parental permission, please exit and visit a more appropriate site.

13. Transference

The rights and licenses granted by these TOS/Terms of Service and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FarewellMr.President without restriction.

14. Final Overview

Terms of Service, together with the Privacy Notice at http://www.FarewellMr.President.com/t/privacy and any other legal notices published by FarewellMr.President on the Website, shall constitute the entire agreement between you and FarewellMr.President concerning the FarewellMr.President Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and FarewellMr.President's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. FarewellMr.President reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the FarewellMr.President Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.