Foggie Terms and Conditions
These Terms are a contract entered into between You (“you,” “your,” “yours”) and Fog Works, Inc., a Delaware company, formerly known as W3 Storage Labs, Inc. These Terms govern your use of and access to Foggie, including any related content, functionality, and services offered on or through it (the “Services”).
We, or our third-party affiliates, may make improvements and changes in the capabilities, features, prices, and availability of Foggieat any time without notice. You agree that we are not and shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Foggie, the Services or any portion or functionality thereof.
1. Acceptance of Terms
2. Registration and Accounts.
3. Permitted Use and Conduct
4. Failure of observing the limits of purpose and permitted use of your Account
Failure of observing the limits of purpose and permitted use of your Account, Foggie, and the Services is deemed a material breach of these Terms. We shall be entitled to – without prejudice to any other rights and in our sole and absolute discretion – terminate your Account. You may not use or access Foggie or the Services if we have terminated your Account or otherwise elect not to provide you access to Foggie or the Services.
5. User Content and Intellectual Property
6. Hosting and Storing Regulated Content
The nature of Foggie and the Services means that you may host, store, display, post, or disclose content that is illegal, defamatory, unethical, confidential, regulated, or otherwise problematic (“Regulated Content”). Fog Works, Inc. works with governments, governmental agencies, and regulatory authorities (“Governmental Authorities”) and does not prohibit such Governmental Authorities from compiling and maintaining a list of hash IDs pertaining to such Regulated Content. You may be permitted, and will likely be encouraged, to use such hash IDs to identify if your Foggie hosts, stores, displays, posts, or discloses any Regulated Content. If you discover any Regulated Content on your Foggie, you may, at your discretion, remove or delete the Regulated Content. Fog Works, Inc. is not permitted to remove, access, or delete any such Regulated Content, however we may terminate your Account in its entirety if the Regulated Content is not removed or deleted. We are not liable for any damages incurred by your delay or failure to remove or delete any Regulated Content, including any action by a Governmental Authority. You explicitly agree to indemnify, defend, and hold us harmless for any act, omission, decision or lack thereof regarding Regulated Content hosted, stored, displayed, posted, or disclosed on or through your Foggie or Account, including any action taken by a Governmental Authority.
7. Links to and Integration with Other Websites and Sites.
8. Term and Termination
9. Disclaimer of Warranties
You expressly understand and agree that your use of the Services is at your sole risk. Foggie (including the Services and any User Content) is provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Fog Works, Inc. has no control over, and no duty to take any action regarding: which users gain access to or use Foggie and the Services; what effects the User Content may have on you; how you may interpret or use the User Content; or what actions you may take as a result of having been exposed to the User Content. You release Fog Works, Inc. from all liability for you having acquired or not acquired User Content through Foggie or Services. Foggie or the Services may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. We make no representations concerning any User Content contained in or accessed through Foggie or the Services, and Fog Works, Inc. will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through Foggie or the Services.