Terms and Conditions
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
Services shall include, but not be limited to, any service and content FSMW performs for you, as well as the offering of any Content displayed, transmitted or performed on the Site or through the Services. Services include, but are not limited to, access to portal, ingest of Content, payments, seeding, and advice regarding copyright issues. Content includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, TV programs, video films, or any combination thereof.
FSMW may change, suspend or discontinue the Services or any Content for any reason, at any time, including the availability of any feature or content. FSMW may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
to violate any laws in your jurisdiction (including but not limited to copyright laws)
to post or transmit, or cause to be posted or cause to be transmitted, any Content that is infringing, obscene, abusive, offensive or otherwise violates any law or right of any third party
to use the Site for any illegal or unauthorized purpose
if you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content
with the exception of accessing RSS feeds, you will not use any automated means to access the Site for any purpose without our express written permission
to take any action that imposes unreasonable or disproportionately large load on our service infrastructure
to artificially alter any FSMW service
to create separate user accounts for the purpose of artificially altering FSMW services; or participating in any other organized effort that in any way alters the results of FSMW services
to abuse, harass, threaten, impersonate or intimidate any FSMW user or anyone else
to impose any action designed or intended to obtain password, account, or private information from any FSMW user
to create or submit unwanted email ("Spam")
to advertise to, or ask, or urge, any user to buy or sell any products or services without FSMW´s consent.(Clearly marked advertisements embedded in content e.g. videos are allowed)
to use any information obtained from the Services in order to contact, advertise to, propose, or sell to any user without FSMW´s consent
to interfere or attempt to interfere with the proper working of the Site
to in any way attempt to influence any third party to manipulate or otherwise affect the site in any manner
to bypass any measures we may use to prevent or restrict access to the Site
to attempt to impersonate another user or person, or sell or otherwise transfer your profile
to create or modify a similar product or service in competition with FSMW
to use the FSMW Service on behalf of any third party
If you violate any of these rules for user conduct, FSMW has the right to terminate your access to the Service including your account.
FSMW may remove any Content and/or FSMW account(s) at any time for any reason which includes, but is not limited to, receipt of requests or complaints from third parties or authorities relating to said Content), or for no reason at all.
You are solely responsible for taking necessary precautions to protect yourself and your computer systems from harmful or destructive content (some examples are viruses, worms, Trojan horses).
FSMW disclaims any responsibility or liability of any kind for any harm or damage which results from using FSMW Service or Site or Content on the Site.
MEMBERSHIP REGISTRATION OBLIGATIONS AND ACCOUNTS.
To use certain FSMW features requires that you create a membership account. To become a member and get an account you must be 18 years of age or more.
UserIDs may not be selected with the intent to be offensive, vulgar or to impersonate another person than you.
FSMW reserves the right to ask further questions about if and when the Service develops.
FSMW reserves the right to refuse users access to certain content due to e.g. age.
FSMW has one level of anonymous users and three levels of members: Free Users, Paying Users and Contributing Users (Producers).
Anonymous Users (Users who are not members or members who are not logged in.) may access Content which is free and non-restricted. To access Content which has a price they must register as member and get an account in the payment system.
Free Users may use only free Content, but will be allowed to experience restricted Content depending on user profile and actual restrictions for the Content concerned. To become a Free User you need to register as Member and provide us with your valid e-mail address, a User ID and select a password and to be able to experience restricted content, provide us with information about you such as age and country of residence and if you are a citizen of the United States of America. Contributing users are also required to provide address data and mobile phone number. Free Users when they are logged in may also post on Minds, which is FSMW's forum for discussions and finding creative partners. Commenting on Content is also enabled for logged in Free Users (but not for Anonymous Users).
Paying Users can enjoy free Content and Content that providers of such Content want some kind of remuneration for, e.g. money. To become a Paying User you need to register as Member and automatically sign up a payment account. Signing up for a payment account includes having a unique PayerID. Paying Users pay an amount of money to an FSMW prepaid account (not less than 10€). The payment is not refundable and supposed to be spent to pay for FSMW Services and/or Content only.
Any fees or penalties charged by payment providers (e.g. PayPal, credit card companies etc) or processors in relation to the Fill Account Services are your responsibility.
Inactive Paying User accounts will be suspended and the collected money will be transferred to a fund that will be used for beneficent purposes.
Definition of inactive accounts can be found below.
Contributing Users provide FSMW with either free Content or Content for which the Contributing User wants some remuneration. To become a Contributing User that want remuneration you need to sign up for a payment account and a receiver account. For legal reasons any Contributing User is required to accept an additional agreement with the operator of FSMW (DACC Systems AB) to get the status of Contributing User.
Contributing Users receive 80-90 % of the remuneration (money paid by Paying Users) and which is distributed by FSMW to the Contributing Users accounts. 10-20 % stays with FSMW as its fee. The FSMW fee is agreed when the contract with DACC is signed. It may vary over time depending on other variables than just revenue. Contributing Users can spend earned money to buy for FSMW Services and/or Content. Contributing Users can also select to have earned money transferred to a personal bank account. Money is not regularly or automatically transferred to Contributing Users bank accounts. A special request from the Contributing User to transfer money is necessary and mandatory. The reason for this is the rules to counteract money laundering and transfer of money for terrorism formulated in EU Directive 2007/64/EG. Amounts less than 10€ will not be transferred.
To be able to become a Contributing User you need to agree to additional rules, e.g. regarding ownership of Content. These rules are detailed in the written agreement you have to sign with DACC Systems AB.
Inactive Contributing User accounts will be suspended and the collected money will be transferred to a fund that will be used for beneficent purposes.
DEFINITION OF INACTIVE ACCOUNT
An account is defined inactive if you as a user have not logged on to your membership account for 180 days or more and FSMW has made reasonable efforts to contact you on your contact details with negative result because your contact details are not up to date or not working due to various reasons or the communication has been ignored by you.
FSMW is provided “as is” and “as available”, without any express or implied warranties. You agree to that FSMW has no control over, and no duty to take any action regarding which users gain access to the Site or use the Services. You acknowledge that FSMW has no responsibility regarding what effects the Content may have on you or how you may interpret or use the Content. You also fully accept that FSMW has no responsibility regarding what actions you may take as a result of being exposed to the Content. FSMW will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
The Services may provide, or third parties may provide, links to other sites on Internet sites. FSMW has no control over such sites. You agree that FSMW is not responsible for the availability of such external sites or liable for any content, advertising, products or other materials on or available from such sites. You further agree that such sites may contain information that some people may find offensive or inappropriate and you only are responsible for your own reactions to such content
You further agree that FSMW shall not be responsible or liable, directly or indirectly, for any damage or loss caused by use of or reliance on any such Content, goods or services available on or through any such site.
LIMITATION OF LIABILITY
In no event shall FSMW be liable for any loss of profits or damages of any kind with respect to, or for substitutions for, the site, the Service or the Content.
FSMW shall not be liable for any failure to perform its commitments if such failure results from any cause beyond FSMW's reasonable control (Force majeure).
GOVERNING LAW; DISPUTE RESOLUTION
FSMW, Fairshare Media World and FSMW graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks owned by DACC Systems AB.