PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SERVICE. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL THESE TERMS OF USE, YOU MAY NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE MEANS YOU AGREE TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
1. OVERVIEW.
Unless otherwise expressly stated, these terms of use (these “Terms of Use”) represent a legally binding agreement between P50 Digital LLC, for itself and on behalf of its parent, subsidiary, and affiliate companies (collectively, “Company”, “we”, “us”, or “our”), and each visitor, user, or customer (each, a “user,” and specifically you, “you” or “your”) of our owned and operated website, https://fast5ginternet.com/, and of our other affiliated websites, subdomains, mobile versions, applications (including mobile applications), and online media under our operation and control (collectively, the “Service”). When you see the word “use” or “using,” we mean any time you or any other visitor or user directly or indirectly, attempts to or actually does access, interact with, display, view, browse, print, copy, transmit, receive, or exchange data, messages, or content or you otherwise communicate with us or anyone else, including, without limitation, another user, advertiser, or any person, company, or other entity you may encounter on or through the Service (to the extent facilitated by the Service’s functionalities), or utilize, benefit, take advantage of, or interact any feature, function, or service or activity, promotion, or other content of, on, or available through the Service (together with the Service, the “Content”), for any purpose.
By accessing and using the Service, you agree and acknowledge that (i) you have read and understand the legal agreement you have with us, including these Terms of Use, the Privacy Policy, and any other applicable terms and conditions that we disclose or notify you of when you use or attempt to use the Service (collectively, the “Additional Terms”), which are expressly made part of your legal agreement with Company; (ii) that unless you immediately stop using or trying to use the Service, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms of Use, the Privacy Policy, and the Additional Terms, as applicable; and (iii) you are at least eighteen (18) years old or the “age of majority” in your jurisdiction, if different. If you are younger than the “age of majority” in your jurisdiction, you may only use the Service with the consent of your parent or legal guardian. As set forth in the Privacy Policy, the Service is not intended for children younger than the age of sixteen (16) and we do not knowingly collect, share, or sell Personal Information (as that term is defined in the Privacy Policy) from children younger than the age of sixteen (16). Any terms used but not defined herein are defined in the Privacy Policy or Additional Terms, as the case may be.
As used herein, our “Partners” refers the third-party for whom we facilitate your purchase of products or services via the Service, our suppliers, vendors, sponsors, advertisers and other promotional and advertising partners, operational service providers, licensors, licensees, agents, representatives, successors, and assigns and each of their respective parent, subsidiary, and affiliate companies.
2. CHANGES TO THE SERVICE AND TERMS OF USE.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify any or all the terms and conditions of these Terms of Use or any Additional Terms that apply to you, as well as the Service and/or any Content. We display the effective date of these Terms of Use at the top of this page, indicated by the “Last Updated” legend. UNLESS OTHERWISE INDICATED, ANY CHANGES TO THESE TERMS OF USE OR ADDITIONAL TERMS WILL APPLY IMMEDIATELY UPON POSTING THEM TO THE SERVICE. If you use the affected Service after the changes become effective, it means you are agreeing to be bound by the changes to these Terms of Use and Additional Terms, as the case may be. You should check on a regular and frequent basis and review the terms and conditions of these Terms of Use and Additional Terms that apply to you so you are aware of the current rights and obligations that apply to you.
3. SERVICE TESTING.
From time to time, we may test various aspects of the Service, including the platform, user interfaces, service levels, and features associated therewith, and we reserve the right to include you in or exclude you from these tests without notice.
4. USER PRIVACY AND OUR PRIVACY POLICY.
By accessing and using the Service, you are agreeing to be bound by the Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal Information.
5. COMMUNICATIONS FROM COMPANY.
When you provide us with your email address, you may, at your discretion, opt-in to receive certain email notifications from us (collectively, “Automatic Communications”), or we may give you the option to select and receive certain email notifications from us (collectively, “Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications. For details, see the section of the Privacy Policy entitled “Email Notifications and Opt Out.”
6. OWNERSHIP OF CONTENT.
The Service and all Content is either the property of Company or our Partners and is protected by Applicable Law. To avoid any doubt, when we use “Content,” it includes, but is not limited to, such things as software, code, design; images, photographs, video and audio-visual material, and graphic material; and other proprietary information, data, and databases; Trademarks (as defined below), and the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of the Service. All Trademarks remain owned by, and used by us under license from, their respective owners.
You may only use our Content for your own personal use and you have no right to transfer, assign, or use Content for any other purpose or allow or enable any other person, company, or entity to do so. Personal use excludes all commercial or charitable functions, whether or not money or other consideration is involved, whether or not it is for your benefit or for someone else. You may not use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate and/or broadcast, or create derivative works based upon, Content without our express prior written consent. You may not alter, delete, or conceal copyright or other notices, even if we let you download, display, print, or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under Applicable Law.
7. USAGE RULES.
We reserve the right to deny you access to any and all parts of the Service for any reason and at our sole discretion. You may never use, allow or enable or knowingly condone any other person, company, or other entity to use, the Service to do or attempt to any of the following, for any reason:
● violate any applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”), or our rights or the rights of any other person, company, or other entity;
● engage in conduct that is libelous, slanderous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, bullying, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
● transmit, post, or submit through the Service any false, misleading, or spam reviews;
● impersonate any other person, company, or other entity or any of our or their employees and agents or otherwise use any fake, false, or fictitious names or profiles;
● use the Service for Posting or otherwise using malicious or unauthorized code (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment, including the Service;
● gain unauthorized use of the Service or use the Service in any manner which violates or is inconsistent with the provisions or spirit of these Terms of Use;
● modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, company, or other entity;
● access, copy, reproduce, use, or create derivative works of any Content or textual information pertaining thereto or images or photos thereof, Trademarks, or any other content, materials, information, text, copyrightable materials or other original works of authorship, images, pictures, photos, designs, artwork, graphics, stills, musical compositions, sound recordings, audio content or files, videos or video files, audiovisual content or files, software, firmware, code, tools, databases, textual links, keywords, data or metadata, chats, or other intellectual property of any kind or nature uploaded to, or contained in, the Service, or for purposes of training, any machine learning or artificial intelligence (AI) or similar technologies now known or hereafter devised, including, without limitation, technologies that are capable of generating works in the same style or genre as any of the foregoing (i.e., “generative AI”), whether for personal use, commercial use, or otherwise;
● collect, obtain, compile, scrape, frame, gather, transmit, reproduce, delete, revise, view, or display the Service, the Content, or any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, company, or other entity;
● engage in any activity or fail to report any activity involving spam, junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or
● use any robot, spider, or other automated means to access, scrape, harvest, or mine the Service, the Content, or the services made available through the Service. Engaging in or permitting any of the foregoing restricted activities constitutes a material breach of these Terms of Use and may constitute a violation of Applicable Law.
8. TRADEMARKS.
Unless otherwise disclosed, all the trademarks, service marks, brand names, logos, insignia, symbols, product or service names, and company names (collectively, “Trademarks”) displayed on the Service are registered and unregistered trademarks of Company or one or more of our Partners. Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without the express written permission of, with respect to our Trademarks, Company or, with respect to other Trademarks, the applicable third-party owner or licensor thereof. Except as expressly provided in these Terms of Use, any use of the Trademarks is expressly prohibited.
9. FEEDBACK.
You agree that, with respect to any feedback or suggestions provided by you to Company or our Partners, (collectively, “Feedback”), YOU HEREBY GRANT TO COMPANY THE EXCLUSIVE PERPETUAL, IRREVOCABLE, AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE, AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER, OR MEDIA NOW KNOWN OR HEREAFTER DEVISED, WITHOUT ANY REMUNERATION, COMPENSATION, OR CREDIT TO YOU. You represent and warrant that you have the right to make the foregoing grant to Company and that none of the Feedback infringes any intellectual property or any other rights of third parties or Applicable Law. Notwithstanding the foregoing, we grant to you a conditional, non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide, perpetual, and revocable right and license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
10. TERMINATION.
You agree that Company may terminate your access to the Service, or any portion thereof, at any time, for any reason or no reason, without prior notice to you, and you agree that we shall not be liable to you or any third party for any such termination. Company reserves the right to modify, suspend, or discontinue the Service and/or access to it at any time, for any reason or no reason, without prior notice to you, and Company will not be liable to you should we exercise such rights, even if your use of the Service is impacted by the change. These remedies are in addition to any other remedies we may have at law, in equity, or under these Terms of Use or any of the Additional Terms, all of which shall be cumulative.
11. INDEMNIFICATION.
By using the Service, you agree to indemnify, defend, and hold harmless Company and its respective officers, directors, stockholders, managers, members, partners, joint venturers, employees, independent contractors, operational service providers, consultants, licensors, licensees, attorneys, representatives, agents, heirs, successors and assigns (collectively, the “Indemnitees”) from and against from and against any and all losses, damages, liabilities, penalties, fines, costs, and expenses, including, without limitation, attorneys’ fees and court costs, arising from or relating to any claim, action, cause of action, demand, or allegation of any and every kind, nature, and character, whether based in whole or in part in contract, tort, negligence, statute or otherwise (each, a “Claim”), brought or asserted by a third party to the extent arising from (i) your breach or violation, or allegation which if true would constitute a breach or violation, of any representation, warranty, or obligation of these Terms of Use or any of the other Additional Terms; (ii) your use or misuse of the Service, Content, or your dealings with third parties, including, without limitation, other Users or our Partners arising from your use of the Service; and (iii) any violations, or allegation which if true would constitute a violation, of Applicable Law. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; BASIS OF THE BARGAIN.
ALTHOUGH WE MAY UPDATE THE CONTENT ON THE SERVICE FROM TIME TO TIME, PLEASE NOTE THAT SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN ERRORS OR INACCURACIES. YOU RELY ON THE INFORMATION CONTAINED ON THE SERVICE AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION. THE SERVICE AND THE CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF THE SERVICE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED, OR THAT THE SERVICE AND THE CONTENT ARE ACCURATE, TIMELY, COMPLETE, OR ERROR-FREE AND YOU SHOULD NOT RELY ON THE SERVICE OR ANY CONTENT FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. NEITHER COMPANY NOR ANY OF OUR PARTNERS OR OTHER INDEMNITEES ARE RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, LOSS OF DATA, OR INABILITY TO ACCESS OR USE THE SERVICE OR THE CONTENT, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS, AND INFORMATION BECAUSE YOU ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM, FOR OURSELVES AND ON BEHALF OF OUR INDEMNITEES, ALL LIABILITY FOR LOSS, DAMAGE, COST, AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICE OR YOUR DEALINGS WITH OUR PARTNERS AS FACILITATED BY US[PC 1] , OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU UNDER APPLICABLE LAW. IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, COMPANY AND OUR PARTNERS AND OTHER INDEMNITEES SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; PROVIDED, HOWEVER, IN NO EVENT SHALL COMPANY AND OUR PARTNERS OR OTHER INDEMNITEES’ TOTAL AND COLLECTIVE LIABILITY TO YOU EXCEED FIFTY U.S. DOLLARS ($50.00).
YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED ITS SERVICE AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
13. THIRD-PARTY LINKS.
The Service may contain links to or advertisements for websites operated by third parties and, therefore, not owned or controlled by Company. The links to and advertisements concerning third-party websites, material, products, or services are provided for your convenience only. We are not responsible for the content, performance, or privacy practices of these third-party websites or for your interactions with them, and you visit them at your own risk. Our inclusion of links to or advertisements for such third-party websites does not imply any endorsement of the material, products, or services provided by such third-party websites or any association with such third-party websites or their owners or operators whatsoever.
14. GEOGRAPHIC DISCLAIMER.
We make no representations that the Service is appropriate or available for use in locations outside of the United States. Access to the Service and the Content may not be legal for some persons or in some countries outside the United States. If you elect to access and use the Service and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all Applicable Law.
15. CHOICE OF LAW.
These Terms of Use shall be construed and enforced under the laws of the State of Florida applicable to parties residing in and contracts made, executed, and wholly performed within the State of Florida. The Uniform Computer Information Transactions Act does not apply to these Terms of Use. With respect to the resolution of any dispute or controversy arising out of these Terms of Use or your use of the Service, you specifically agree and submit to the exclusive jurisdiction of the Federal and State courts situated in the County of Broward in the State of Florida, and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise, and YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING COMMENCED WITH RESPECT THERETO.
16. WAIVERS OF CERTAIN LEGAL RIGHTS.
You agree that you will only sue Company and our Partners or other Indemnitees as an individual, and that you will not file a class action or participate in a class action against any one or more of such parties. No claim or action relating in any way to this Terms of Use, the Privacy Policy, Additional Terms, the Service, the Content, or otherwise with respect to the subject matter hereof, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose). Otherwise, such cause of action is permanently barred.
17. RIGHT TO NOTIFY TO LAW ENFORCEMENT.
If, for any reason, we believe, have reason to believe, suspect, or are notified of any act, omission, or circumstances which may or could compromise or endanger the health, wellbeing, or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon, or misappropriates the rights of others, harasses or interferes with any other user or person, company, or other entity, interferes with or bypasses our security or other protective measures applicable to our systems, networks, and communications capabilities, breaches or violates these Terms of Use, the Privacy Policy, Additional Terms, the Service, the Content, or any Applicable Law, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity, or under these Terms of Use or any of the Additional Terms, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by Applicable Law.
18. ENTIRE AGREEMENT.
These Terms of Use, together with the Privacy Policy and any Additional Terms that apply to you, constitute the entire agreement you have with us regarding the Service, the Content, and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter.
19. SEVERABILITY.
The illegality, invalidity, or unenforceability of any term or condition contained in these Terms of Use is severable and shall not affect the rest of these Terms of Use. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination.
20. ASSIGNMENT.
We may assign, delegate, subcontract, or transfer our rights, obligations, and/or duties under these Terms of Use or any of the Additional Terms to any party at any time without notice to you. You may not assign, delegate, subcontract, or transfer any of your rights, obligations, or duties under these Terms of Use or any of the Additional Terms to anyone else.
21. WAIVER.
Any provision of these Terms of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms of Use or any of the Additional Terms will not constitute a waiver of such right or provision.
22. NOTICES.
We may deliver notice to you under these Terms of Use or any of the Additional Terms by means of email, a general notice on the Service, or written communication delivered by First-Class U.S. Mail to the mailing address you provide to us via the Service, if any. You may give notice to us at any time by letter delivered by First-Class U.S. Mail or overnight courier, return receipt requested, postage prepaid, to the following address: P50 Digital LLC Attn: Legal 1800 S. Ocean Drive Hallandale Beach, FL 33009 United States of America
23. NOTICE FOR CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to receive information on how to resolve a complaint regarding the Service or to receive further information regarding use of the Service. Such complaints or requests may be submitted to Company by email at general@p50digital.com .
24. CONTACT US.
If you have any questions about these Terms of Use, please contact Company by email at general@p50digital.com, or by mail to 1800 S. Ocean Drive, Hallandale Beach, FL 33009, United States of America.