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FAMOSOS INC - User Terms of Service

Revised: March 28, 2020

These Terms of Service ("Terms") govern your use of the Famosos website ("Site") and any Famosos mobile applications and other services offered by Famosos, Inc. ("Services"). Famosos, Inc. ("we." "Us" or "celebrities") provides the site and services. "You" refers to you as a user of the Site or Services.

BY USING THE SITE OR THE SERVICES, YOU AGREE TO THESE TERMS. PLEASE READ CAREFULLY.

  • Famosos Videos
  • Through the Site and the Services, you have the opportunity to purchase personalized videos (“Celebrities”) Videos of athletes and influencers (“Talent Users”). You are submitting a request for a Celebrity video to a Talent user. The Talent User has up to 10 business days to accept or reject their request. Your payment will be effective as soon as you complete your contract and create your application. In the event that the talent or Celebrities reject your application, a refund will be made to your chosen payment method (the refund could take up to 21 business days to appear). In the event that your application is accepted, there will be no returns or refunds.

    Upon receiving full payment for your Celebrity Video, you are granted a non-exclusive, worldwide license to use the Celebrity video for your own personal, non-commercial, and non-promotional purposes. The Famosos Videos are licensed and not sold. The user cannot sell his rights to the Famosos video again. You can only sublicense your rights as necessary for you to use Celebrity video as permitted in these Terms. You may only use the Celebrity video in accordance with these Terms, including the acceptable use restrictions in Section 5 below. If you do not comply with any of the provisions of the Conditions, your license to Famosos Video is terminated.

    (i) any request you make to any User Talent; and (ii) any presentation you make to Famosos through the Site, including the Services, through any social media or other account used by Famosos, or otherwise, including any reaction video, opinion, photo, email, text, mail, or other communication, whether related to you, the recipient of any FAMOSOS video, or any other third party ((i) and (ii) collectively a "Submission"). You agree to indemnify and hold Famosos Famosos dba, Inc. harmless with respect to the Submission and any use of the communication in accordance with the terms of article 13 of the User Terms of Service. and (ii) any presentation you make to Famosos through the Site, including the Services, through any social media or other account used by Famosos, or otherwise, including any reaction video, opinion, photo, email, text, mail, or other communication, whether related to you, the recipient of any FAMOSOS video, or any other third party ((i) and (ii) collectively a "Submission"). You agree to indemnify and hold Famosos Famosos dba, Inc. harmless with respect to the Submission and any use of the communication in accordance with the terms of article 13 of the User Terms of Service. and (ii) any presentation you make to Famosos through the Site, including the Services, through any social media or other account used by Famosos, or otherwise, including any reaction video, opinion, photo, email, text, mail, or other communication, whether related to you, the recipient of any FAMOSOS video, or any other third party ((i) and (ii) collectively a "Submission"). You agree to indemnify and hold Famosos Famosos dba, Inc. harmless with respect to the Submission and any use of the communication in accordance with the terms of article 13 of the User Terms of Service. including any reaction video, opinion, photo, email, text, mail, or other communication, whether related to you, the recipient of any FAMOSOS video, or any other third party ((i) and (ii) collectively a "Presentation ”). You agree to indemnify and hold Famosos Famosos dba, Inc. harmless with respect to the Submission and any use of the communication in accordance with the terms of article 13 of the User Terms of Service. including any reaction video, opinion, photo, email, text, mail, or other communication, whether related to you, the recipient of any FAMOSOS video, or any other third party ((i) and (ii) collectively a "Presentation ”). You agree to indemnify and hold Famosos Famosos dba, Inc. harmless with respect to the Submission and any use of the communication in accordance with the terms of article 13 of the User Terms of Service.

  • Additional terms
  • Some of our services have additional terms and conditions ("Additional Terms"). When the Additional Terms apply to a service, we will make them available for reading through the use of that service. By using that Service, you agree to the additional terms.

  • Eligibility
  • You must be at least 13 years old to use the Site or the Services. If you are a minor in your state of residence, a minor, your parent or legal guardian must agree to these terms on your behalf and that you may only access and use the Site and Services with your parent's permission. or legal guardian.

  • Property
  • We own or license all rights, titles and interests in and to (a) the Site and the Services, including all software, text, multimedia and other content available on the Site and the Services (“OurContent”); and (b) trademarks, logos and brand elements ("Brands"). The site and services, our content, and Marks are protected by US and international laws. The look and feel of the site and services are copyright © Famosos, Inc. All rights reserved. The user may not duplicate, copy, reuse or any part of the HTML / CSS, Javascript, or visual design elements or concepts without express written permission from us.

  • Acceptable use of the site and services
  • You are responsible for your use of the Site and the Services, and for any use of the Site or services placed through your account. Our goal is to create a positive, helpful and safe user experience. To further this goal, we prohibit certain types of conduct that may be harmful to other users or to us. When using the Site or the Services, you may not:

    • violate any law or regulation;
    • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
    • send unsolicited or unauthorized advertising or commercial communications, such as spam;
    • participate in tracking or harvesting, or participate in the use of software, such as spyware, designed to collect data from the Site or the Services;
    • transmit any type of virus or other computer instructions or technological means whose purpose is to alter, damage or interfere with the use of computers or related systems;
    • stalk, harass or harm another person;
    • impersonate another person or entity or carry out any other similar fraudulent activity, such as phishing;
    • use any means to scrape or track the web pages contained in the site;
    • attempt to circumvent any technological measure implemented by us or one of our suppliers or any other third party (including another user) to protect the Site or the Services;
    • attempt to decrypt, compile, or reverse engineer any of the software or other underlying code used to provide the Site or the Services;
    • Advocate, encourage or assist a third party in doing any of the above.

    You acknowledge that we are not required to control your (or anyone else's) access to or use of the Site or the Services, but we have the right to do so in order to operate the site or services, to ensure your compliance with these Terms. , or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental entity.

  • Copyright and Intellectual Property Policy
  • We respond to notices of alleged copyright infringements and the cancellation of the accounts of repeat infringers according to the procedure established in the Digital Millennium Copyright Law. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit the following information to the Copyright Agent mentioned below:

    • Your address, telephone number and email address.
    • A description of the copyrighted work that you claim has been infringed.
    • A description of where the alleged infringing material is located.
    • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
    • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
    • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

    Copyright Agent:

    Famosos
    10800 Biscayne Blvd Suite 560
    Miami, Florida, 33161
    experiences@famosos.com

    For clarity, notifications of copyright infringement should only go to our Copyright Agent. You acknowledge that if you do not meet all the requirements of this section your notice may not be valid.

    If you believe that the content that has been removed (or to which access has been disabled) is not infringing, or that you have permission from the copyright owner, the copyright owner's agent, or in accordance with the law, to post and use such content, they can submit a response to a notification to the address indicated above, which contains the following information:

    • Your physical or electronic signature;
    • Identification of the content that has been removed or to which access has been disabled and the place where it appeared before the content was removed or disabled;
    • A statement that you have a good faith belief that the content has been removed or disabled as a result of an error or misidentification of the content;
    • Your name, physical address, telephone number, and email address, a statement consenting to the jurisdiction of the federal court in Miami, Florida, and a statement that you accept service of process from the person who submitted the notice of the alleged infringement.

    After we have received your counter-notification, we will forward it to the party that filed the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter-notification, you consent to the disclosure of your information in this manner. We will not pass the counter-notification to any party other than the original plaintiff.

    After sending the notice to the contrary, the claimant must notify within 10 days that he or she has filed an action to obtain a court order prohibiting your infringing activity in relation to the content that has been removed or disabled. If we receive such notification we will not be able to restore the material. If we do not receive such notification, we may reinstate the material.

  • Privacy
  • Your privacy is very important for us. Our privacy policy [1] explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible for any damage or loss related to any unauthorized access or use of your account.

  • Third Party Content and Interactions
  • The Site and the Services may contain features and functionalities that may link you or provide you with access to third party content, including Famosos Videos, which is completely independent from us, including websites, directories, servers, networks, systems, information. and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including talented users, found on or through the site and services are solely between you and such organizations or individuals. You should do whatever research you deem necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible for any loss or damage of any kind or nature resulting from such dealings. If there is a conflict between users of the site or services, or between users and third parties, you understand and agree that we have no obligation to participate. In the event that you have a dispute with any other user of the Site or Services, we hereby and our affiliates, and all of our officers, employees, agents and successors of the claims, demands and damages of release (actual or consequential) ) of any kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such conflicts or the site and the Services.

  • Other fields
  • The Site and the Services may contain links to other websites and online resources. A link to the website of a third party does not mean that we agree with it or that they are affiliated with it. We are not responsible for any damage or loss related to the use of any third party website. You should always read the terms and conditions and privacy policy of a third party website before using it.

  • Changes to the Site or Services
  • We improve and update the site and services often. We may change or discontinue the Site or the Services at any time, with or without prior notice.

  • Termination
  • You can cancel your account at any time through a link that appears in your account on the site. We reserve the right not to provide the Site or the Services to anyone. We also reserve the right to suspend the right of any user to access the site or services at any time, at our discretion. If you violate any of these Terms, your permission to use the site and services automatically terminates.

  • Disclaimer and limitations of our liability
  • USE THE SITE AND SERVICES at your own risk. THE SITE and services, including any FAMOSOS videos, ARE PROVIDED "AS IS" AND "AS AVAILABLE". To the extent permitted by LAW, FAMOSOS AND its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and agents ("affiliates") decline ALL warranties, conditions, and representations of ANY KIND, EXPRESS, IMPLIED, LAW , OR OTHERWISE, including those related TO FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND those derived from COURSE OF MANAGEMENT OR USE OF COMMERCE.

    IN PARTICULAR, FAMOSOS AND ITS AFFILIATES, DOES NOT represent or guarantee the accuracy or completeness of content available on or through the site or services, or the content of the websites or online services linked to or integrated with the SITE or services. FAMOSOS and its affiliates RESPONSIBLE FOR ANY: ERRORS (A), errors, or inaccuracies of the contents; (B) INJURY OR property damage caused by YOUR ACCESS OR USE OF THE SITE or services; (C) any unauthorized access or use of our servers or of any personal information or user data; (D) any interruption of transmission TO, OR FROM THE SITE or services; (E) any errors, viruses, Trojans, OR SIMILAR that may be transmitted ON OR THROUGH THE SITE or services by any third party;

    YOU understand and agree that any material or information downloaded or obtained through the use of THE SITE or services, including without limitation, famous videos, is done at your own risk and that YOU will be solely responsible for any damages caused by doing so. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE US OR THROUGH THE SITE OR THE SERVICES WARRANTY NOT expressly

    TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE IN NO EVENT LIABLE TO YOU OR THIRD PARTIES for incidental, PUNITIVE, OR INDIRECT, SPECIAL, CONSEQUENTIAL, (including loss of profits, income, OR DATA) OR FOR THE cost of obtaining replacement products. DERIVED FROM OR IN CONNECTION WITH THESE TERMS, CAUSED, IF SUCH LIABILITIES ARE THE CONSEQUENCE OF ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY or not, and OR WE HAVE NOT BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

    TO THE FULLEST EXTENT PERMITTED BY LAW, OUR total liability accrued to you or any third party under these terms, FOR ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO, and will not exceed the fees actually paid by US DURING the twelve (12) months prior to the one that gives rise to said responsibility.

    You understand and accept that we have set our prices and entered into these conditions with you depending on the limitations of liability established in these Terms, which allocate the risk between us and form the basis of a negotiation between the parties.

  • Compensation
  • You agree to indemnify and hold Famosos and its affiliates harmless from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys' fees and expenses) of any kind. or nature, arising from or related to, (a) any actual or alleged violation of these Terms by you or anyone who uses your account, (b) your, or anyone who uses your account, violation of laws or regulations , or (c) your gross negligence or intent. If we assume the defense of such a matter, you must reasonably cooperate with us in that defense.

  • Arbitration Agreement and exemption of certain rights
  • You and Famosos agree that we will resolve any dispute between us through binding and final arbitration rather than through court process. You and Celebrities present waive any right to a jury trial of any claim (defined below). All controversies, claims, counterclaims, or other conflicts that arise between you and Celebrities related to these Terms, the Site and the Services (each a "Claim") will be submitted to arbitration in accordance with the Rules of the American Arbitration Association ( "AAA Rules"). The arbitration will be resolved by a single arbitrator. The arbitrator's decision in said arbitration will be final and binding for the parties and can be enforced in any court of competent jurisdiction.

    If you show that the costs of the arbitration will be prohibitive compared to the costs of the litigation, Famosos will pay the sum of the administrative costs and the arbitrator's fees necessary for the arbitration as it deems necessary, the arbitrator to prevent the cost of arbitration from be prohibitive. In the final award, the arbitrator may prorate the arbitration costs and arbitrator's compensation between the parties in such amounts as the arbitrator deems appropriate.

    This arbitration agreement does not prevent you or Famosos from seeking action by federal, state, or local government agencies. You and Celebrities also have the right to file classification claims in claims court. Furthermore, you and Famosos retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitration or injunctive relief accessories, and such request shall not be deemed inconsistent with these terms, nor a waiver of the right to have disputes submitted to arbitration in accordance with the provisions of these Conditions.

    Neither you nor Famosos may act as a class representative or private attorney general, or participate as a member of a plaintiff class, with respect to any claim. Claims cannot be arbitrated on a representative class or basis. The arbitrator can only decide your individual and / or Famosos claims'. The arbitrator may not consolidate or unite the claims of other persons or parties that may be similarly situated.

    If no provision of this section is found to be invalid or unenforceable, that specific provision will be of no force and effect and will be severed, but the remainder of this section will continue in full force and effect. No waiver of any provision of this section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving a right or requirement. Such waiver will not be null and void or affect any other part of these Terms. This section of the Terms will survive the termination of your relationship with Celebrities.

    THIS section Limits CERTAIN RIGHTS, INCLUDING the right to pursue a legal action, the right to trial by jury, the right to PARTICIPATE IN ANY FORM OF CLASS OR CLAIM representative, the right to participate in DISCOVERY SALVO AS provided in the AAA rules, AND THE RIGHT OF RESOURCES AND CERTAIN FORMS OF HELP. OTHER RIGHTS THAT YOU OR FAMOSOS WOULD HAVE TO COURT ALSO NOT BE AVAILABLE IN THE ARBITRATION.

  • Other provisions
  • Under no circumstances is it liable for any delay or failure in performance due in whole or in part to any act of nature or other causes beyond our control.

    These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws or provisions.

    You agree that any action of any nature arising out of or related to these Terms, the Site or Services will be brought only in the state or federal courts located in Miami, Florida. You agree to and submit to the personal jurisdiction of such courts for the purposes of such action.

    If any provision of these Terms is found to be illegal or unenforceable, such provision will be deemed severable from these Terms and will not affect the applicability of the other provisions.

    The fact that we to enforce any right or provision of these Conditions will not prevent us from applying such right or provision in the future.

    We may assign our rights and obligations under these terms, including in connection with a merger, acquisition, sale of assets or patrimony, or by operation of law.

  • Changes to these Terms
  • From time to time, we may change these Terms. If we change these conditions, we will give you notice by posting the revised terms on the site. These changes will take effect on the revision date shown in the revised terms. By continuing to use the Site or the Services, you agree to the revised terms.

    Please print a copy of these Terms for your records and check the site frequently for any changes to these Terms.

Talent Terms of Service

Revised: March 28, 2020

These Terms of Service ("Terms") govern your use of the Famosos website ("Site") and any Famosos mobile applications and other services offered by Famosos, Inc. ("Services"). Famosos, Inc. ("we." "Us" or "celebrities") provides the site and services. "You" refers to you as a user athlete or influencer of the Site or the Services.

By clicking "I AGREE" OR BY USING THE SITE OR SERVICES, you agree to these terms. PLEASE READ CAREFULLY.

  • Obligations
  • You agree to record and upload to the site using the services of one (1) video recording for each user ("End User") who requests said recording of you ("Famosos Video"); as long as, in the case of a schedule or other conflict, you can reject the request within a period of seven (7) days. Each video message will be approximately fifteen seconds (15) in duration and will be made in accordance with the general instructions and requests of the end user (please! example, birthday message, or a “good luck!” message). You will have sole discretion over the script and content of any video message. You may refuse to create or upload a video message if an end user's request is objectionable or offensive. for you at your own discretion.You must reject the request within seven (7) days.All video messages must be uploaded within seven (7) days of the request.

    Additional promotional materials. You provide us with the following promotional materials ("Promotion Materials") upon completion of account registration and creation of: (1) to ten (10) high resolution images of the same and (2) Site profile bio. From time to time we may request additional promotional materials.

  • Fees and Payment

    Tuition: Subject to these Terms, we will pay seventy-five percent (75%) of the revenue received by Celebrities from each end user; video sold by you on the website. You set your own price for each famosos video, provided, however, that the price must be at least five dollars ($ 5) per video message. Famosos Videos are non-guild activities and there will be no residual or any other type of payment to be due in connection with them.

    Payment: You must register with Zelle or PayPal and provide the required bank account information in order to receive payment from Famosos. Payment will be made within five (5) business days after receipt of payment by the end user. Zelle or PayPal is not operated by or associated with Famosos and your use of Zelle or PayPal is subject to their terms. We reserve the right to change payment providers at any time and to require you to register with that new payment provider. We are not responsible for delays or failures to receive payment caused by a third party payment provider or due to your lack of timely information and properly setting up an account with the payment provider or otherwise providing requested for payment.

  • User content
  • The site and some of our services allow you to upload, send, store, send or receive content and data, including your video messages and promotional materials ("User Content"). You retain ownership of the intellectual property rights that you have in your user content.

    By uploading, sending, storing, sending or receiving user content through the site or services, you give us permission to reproduce and use your user content as follows: it is granted to us and those of us who work under a license of use, host, store, reproduce, modify, create derivative works (such as translations, adaptations or other changes we make so that user content works better with the site and services), publicly perform, publicly display and distribute your content from user on the site and also on social networks and on other websites and media. This license is for the limited purpose of operating, promoting and improving the site and services, and to develop new services. Our license for your user content is not exclusive, which means that you can use user content for their own purposes or let others use your user content for their purposes. This license is fully paid and royalty-free, which means that I do not owe you anything else in connection with the use of your user content. We can exercise our rights under this license anywhere in the world. We may sublicense our rights to end users and otherwise as necessary to provide the site and services. Finally, this license is perpetual, which means that our rights under this license continue even after we stop using the Site and Services. You agree that we may display advertising with or in connection with your user content. which means that our rights under this license continue even after you stop using the Site and Services. You agree that we may display advertising with or in connection with your user content. which means that our rights under this license continue even after you stop using the Site and Services. You agree that we may display advertising with or in connection with your user content.

    You represent and warrant that:

    • You are the owner of all rights and your user content and you have the right to give us the aforementioned rights; that you have paid and will pay all fees or other payments that may be related to the use of your user content; and its user content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of third parties.
    • Any user content will be non-confidential and non-proprietary and you will not be responsible for any use or disclosure of user content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to present any user content does not place us in a position that is different from the position held by the members of the general public, in particular with regard to your user content. None of your User Content will be subject to any obligation of confidentiality on our part and you will not be responsible for any use or disclosure of any User Content that you provide.
    • We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason.
    • If you cancel your Famosos account, you can request that your videos no longer be displayed on the website and requests for new videos are not received. We cannot, however, restrict the use of video messages by the end users for whom you created them and we cannot remove any other existing uses of your video messages.
  • Property
  • Apart from user content, we own or license all rights, titles and interests in and to (a) the site and services, including all software, text, multimedia and other content available on the site and services (“Our content "); and (b) trademarks, logos, and brand features (" Marks "). The site and services, our content, and Marks are protected by US and international law. The look and feel of the site and Services are copyright © Famosos, Inc. All rights reserved User may not duplicate, copy, reuse or any part of HTML / CSS, JavaScript, or visual design elements or concepts without express written permission from us .

  • Additional terms

    Some of our services have additional terms and conditions ("Additional Terms"). When Additional Conditions apply to a service, we will make them available for reading through the use of that service. By using that Service, accept the additional terms.

  • Eligibility
  • You must be at least 13 years old to use the site or services. If you are a minor in your state of residence, a minor, your parent or legal guardian must agree to these terms on your behalf and that you can only access and use the site and services with your parent's permission. or legal guardian.

  • Acceptable use of the site and services
  • You are responsible for the use of the site and services, and for any use of the site or services placed through your account. Our goal is to create a positive, helpful and safe user experience. To further this goal, we prohibit certain types of conduct that may be harmful to other users or to us. When using the site or services, you cannot: Violate any law or regulation; violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights; post or share anything that is illegal, abusive, harassing, damaging to reputation, pornographic, indecent, profane, obscene, hateful, racist, or in any other way; send unsolicited or unauthorized advertising or commercial communications, such as spam; participate in tracking or harvesting, or participate in the use of software, such as spyware, designed to collect data from the site or services; transmit any type of virus or other computer instructions or technological means whose purpose is to alter, damage or interfere with the use of computers or related systems; stalk, harass or harm another person; impersonate another person or entity, or carry out any other similar fraudulent activity, such as phishing; damage or interfere with the use of computers or related systems; stalk, harass or harm another person; impersonate another person or entity, or carry out any other similar fraudulent activity, such as phishing; damage or interfere with the use of computers or related systems; stalk, harass or harm another person; impersonate another person or entity, or carry out any other similar fraudulent activity, such as phishing;

    use any means to scrape or track any web page contained in the site;

    attempt to circumvent any technological measure implemented by us or one of our suppliers or any other third party (including another user) to protect the Site or the Services;

    attempt to decipher, compile, or reverse engineer any of the software or other underlying code used to provide the Site or the Services; or promote, encourage or assist a third party in doing any of the above.

    You acknowledge that we are not required to control your (or anyone else's) access to or use of the Site or the Services, but we have the right to do so in order to operate the site or services, to ensure your compliance with these Terms. , or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental entity.

  • Copyright and Intellectual Property Policy
  • We respond to notices of alleged copyright infringements and the cancellation of the accounts of repeat infringers according to the procedure established in the Digital Millennium Copyright Law. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit the following information to the Copyright Agent mentioned below:

    • Your address, telephone number and email address.
    • A description of the copyrighted work that you claim has been infringed.
    • A description of where the alleged infringing material is located.
    • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
    • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
    • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

    Copyright Agent:

    Famosos
    10800 Biscayne Blvd Suite 560
    Miami, Florida, 33161
    experiences@famosos.com

    For clarity, notifications of copyright infringement should only go to our Copyright Agent. You acknowledge that if you do not meet all the requirements of this section your notice may not be valid.

    If you believe that the content that has been removed (or to which access has been disabled) is not infringing, or that you have permission from the copyright owner, the copyright owner's agent, or in accordance with the law, to post and use such content, they can submit a response to a notification to the address indicated above, which contains the following information:

      • Your physical or electronic signature;
      • Identification of the content that has been removed or to which access has been disabled and the place where it appeared before the content was removed or disabled;
      • A statement that you have a good faith belief that the content has been removed or disabled as a result of an error or misidentification of the content; and your name, physical address, telephone number, and email address, a statement consenting to the jurisdiction of the federal court in Miami, Florida, and a statement that you accept service of process from the person who filed the notification of the alleged infringement.

    After we have received your counter-notification, we will forward it to the party that filed the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to the disclosure of your information in this manner. We will not pass the counter-notification to any party other than the original plaintiff.

    After sending the notice to the contrary, the claimant must notify within 10 days that he or she has filed an action to obtain a court order prohibiting your infringing activity in relation to the content that has been removed or disabled. If we receive such notification we will not be able to restore the material. If we do not receive such notification, we may reinstate the material.

  • Privacy
  • Your privacy is very important for us. Our privacy policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible for any damage or loss related to any unauthorized access or use of your account.

  • Third Party Content and Interactions
  • The Site and the Services may contain features and functionality that may link you to or provide you with access to third-party content that is completely independent from us, including websites, directories, servers, networks, systems, information and databases, applications, software , programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including end users, found on or through the site and services are solely between you and such organizations or individuals. You should do whatever research you deem necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible for any loss or damage of any kind or nature resulting from such dealings. If there is a conflict between users of the site or services, or between users and third parties, you understand and agree that we have no obligation to participate. In the event that you have a dispute with any other user of the Site or Services, we hereby and our affiliates, and all of our officers, employees, agents and successors of the claims, demands and damages of release (actual or consequential) ) of any kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such conflicts or the site and the Services. IF YOU ARE A CALIFORNIA RESIDENT,

  • Independent contractor
  • You and Famosos accept and declare that these conditions create an independent contractor relationship and it is the express intention of the parties that their relationship is interpreted and maintained to be that of an independent contractor for all purposes. You are not in franchise negotiations, nor are you a partner, agent or employee of Famosos. You are solely and exclusively responsible for determining the manner, method, details and means of your performance under these conditions. We do not have the right to, and will not be, control the manner or determine the method of achieving its performance. You assume sole responsibility for and will pay all employment taxes (including social security), income taxes, and other reports required for your activities under these Terms and will comply with all federal laws, state and local laws governing its operation under these conditions. That you will use your own equipment to carry out your obligations under these terms. You are solely responsible for any information required by law or any agreement you may have with third parties to any person or entity in connection with the performance of this Agreement. The relationship between the parties is non-exclusive, which means that you can provide similar services to other organizations on terms and times determined by you and that we can and do not involve others to provide services similar to those contemplated in these Conditions. You are solely responsible for any information required by law or any agreement you may have with third parties to any person or entity in connection with the performance of this Agreement. The relationship between the parties is non-exclusive, which means that you can provide similar services to other organizations on terms and times determined by you and that we can and do not involve others to provide services similar to those contemplated in these Conditions. You are solely responsible for any information required by law or any agreement you may have with third parties to any person or entity in connection with the performance of this Agreement. The relationship between the parties is non-exclusive, which means that you can provide similar services to other organizations on terms and times determined by you and that we can and do not involve others to provide services similar to those contemplated in these Conditions.

  • Other fields
  • The Site and the Services may contain links to other websites and online resources. A link to the website of a third party does not mean that we agree with it or that they are affiliated with it. We are not responsible for any damage or loss related to the use of any third party website. You should always read the terms and conditions and privacy policy of a third party website before using it.

  • Other fields
  • We improve and update the site and services often. We may change or discontinue the Site or the Services at any time, with or without prior notice.

  • Termination
  • You can cancel your account at any time through a link that appears in your account on the site. We reserve the right not to provide the Site or the Services to anyone. We also reserve the right to suspend the right of any user to access the site or services at any time, at our discretion. If you violate any of these Terms, your permission to use the site and services automatically terminates.

  • Disclaimer and limitations of our liability
  • USE THE SITE AND SERVICES at your own risk. THE SITE and services are provided "AS IS" AND "AS AVAILABLE". To the extent permitted by LAW, FAMOSOS AND its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and agents ("affiliates") decline ALL warranties, conditions, and representations of ANY KIND, EXPRESS, IMPLIED, LAW , OR OTHERWISE, including those related TO FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND those derived from COURSE OF MANAGEMENT OR USE OF TRADE.

    IN PARTICULAR, FAMOSOS AND ITS AFFILIATES, DOES NOT represent or guarantee the accuracy or completeness of content available through the site or services, or the content of the websites or online services linked to or integrated with the SITE or services. FAMOSOS and its affiliates RESPONSIBLE FOR ANY: ERRORS (A), errors, or inaccuracies of the contents; (B) INJURY OR property damage caused by YOUR ACCESS OR USE OF THE SITE or services; (C) any unauthorized access or use of our servers or of any personal information or user data; (D) any interruption of transmission TO, OR FROM THE SITE or services; (E) any errors, viruses, Trojans, OR SIMILAR that may be transmitted ON OR THROUGH THE SITE or services by any third party;

    YOU understand and agree that any material or information DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITE or services is done at your own risk and that YOU will be solely responsible for any damages caused by doing so. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE US OR THROUGH THE SITE OR THE SERVICES WARRANTY NOT expressly

    TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE IN NO EVENT LIABLE TO YOU OR THIRD PARTIES for incidental, PUNITIVE, OR INDIRECT, SPECIAL, CONSEQUENTIAL, (including loss of profits, income, OR DATA) OR FOR THE cost of obtaining replacement products. DERIVED FROM OR IN CONNECTION WITH THESE TERMS, CAUSED, IF SUCH LIABILITIES ARE THE CONSEQUENCE OF ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY or not, and OR WE HAVE NOT BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

    TO THE FULLEST EXTENT PERMITTED BY LAW, OUR total liability accrued to you or any third party under these terms, FOR ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO, and will not exceed the fees actually paid by US DURING the twelve (12) months prior to the one that gives rise to said responsibility.

    You understand and accept that we have set our prices and entered into these conditions with you depending on the limitations of liability established in these Terms, which allocate the risk between us and form the basis of a negotiation between the parties.

  • Compensation
  • You agree to indemnify and hold Famosos and its affiliates harmless from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys' fees and expenses) of any kind. or nature, arising from or related to, (a) any actual or alleged violation of these Terms by you or anyone who uses your account, (b) your, or anyone who uses your account, violation of laws or regulations , or (c) your gross negligence or intent. If we assume the defense of such a matter, you must reasonably cooperate with us in that defense.

  • Arbitration Agreement and exemption of certain rights
  • You and Famosos agree that we will resolve any dispute between us through binding and final arbitration rather than through court process. You and Celebrities present waive any right to a jury trial of any claim (defined below). All controversies, claims, counterclaims, or other conflicts that arise between you and Celebrities related to these Terms, the Site and the Services (each a "Claim") will be submitted to arbitration in accordance with the Rules of the American Arbitration Association ( "AAA Rules"). The arbitration will be resolved by a single arbitrator. The arbitrator's decision in said arbitration will be final and binding on the parties and can be enforced in any court of competent jurisdiction.

    If you demonstrate that the costs of the arbitration will be prohibitive compared to the costs of the litigation, Famosos will pay the sum of the administrative costs and the arbitrator's fees necessary for the arbitration as it deems necessary, the arbitrator to prevent the cost of the arbitration from be prohibitive. In the final award, the arbitrator may prorate the arbitration costs and arbitrator's compensation between the parties in such amounts as the arbitrator deems appropriate.

    This arbitration agreement does not prevent you or Famosos from seeking action by federal, state, or local government agencies. You and Celebrities also have the right to file classification claims in claims court. Furthermore, you and Famosos retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitration or injunctive relief accessories, and such request shall not be deemed inconsistent with these terms, nor a waiver of the right to have disputes submitted to arbitration in accordance with the provisions of these Conditions.

    Neither you nor Famosos may act as a class representative or private attorney general, or participate as a member of a plaintiff class, with respect to any claim. Claims cannot be arbitrated on a representative class or basis. The arbitrator can only decide your individual and / or Famous claims'. The arbitrator may not consolidate or unite the claims of other persons or parties that may be similarly situated.

    If no provision of this section is found to be invalid or unenforceable, that specific provision will be of no force and effect and will be severed, but the remainder of this section will continue in full force and effect. No waiver of any provision of this section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving a right or requirement. Such waiver will not be null and void or affect any other part of these Terms. This section of the Terms will survive the termination of your relationship with Celebrities

    THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING the right to pursue a legal action, the right to trial by jury, the right to PARTICIPATE IN ANY FORM OF CLASS OR CLAIM representative, the right to participate in DISCOVERY SALVO AS provided in the AAA rules, AND THE RIGHT OF RESOURCES AND CERTAIN FORMS OF HELP. OTHER RIGHTS THAT YOU OR FAMOUS PEOPLE WOULD HAVE TO COURT ALSO NOT BE AVAILABLE IN THE ARBITRATION.

  • Other provisions
  • Under no circumstances is it liable for any delay or failure in performance due in whole or in part to any act of nature or other causes beyond our control.

    These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws or provisions.

    You agree that any action of any nature arising out of or related to these Terms, the Site or Services will be brought only in the state or federal courts located in Miami, Florida. You agree to and submit to the personal jurisdiction of such courts for the purposes of such action.

    If any provision of these Terms is found to be illegal or unenforceable, such provision will be deemed severable from these Terms and will not affect the applicability of the other provisions.

    The fact that we to enforce any right or provision of these Conditions will not prevent us from applying such right or provision in the future.

    We may assign our rights and obligations under these terms, including in connection with a merger, acquisition, sale of assets or patrimony, or by operation of law.

  • Changes to these Terms
  • From time to time, we may change these Terms. If we change these conditions, we will give you notice by posting the revised terms on the site. These changes will take effect on the revision date shown in the revised terms. By continuing to use the Site or the Services, you agree to the revised terms.