Terms of Use
Updated: May 11, 2020
Thanks for checking out Fuzerly!
These Terms of Use (“Terms”) apply to your use of our website and any software or mobile apps that we may create (together, we call those things the “Service”).
By visiting our websites, downloading our apps, registering for any Services, or by using any other Service offering, you agree to be legally bound to these Terms. The same action(s) give(s) us permission to collect and use your information as described in our Privacy Policy.
Quickly, we have some housekeeping to cover:
- Our legal name is Fuzer App Inc., but in these Terms, we are called “Fuzerly”, “we” or “us”. Those references also include our affiliates and subsidiaries.
- We refer to you (and anyone else using the Service) as “User” or “you.”
- We’ve done our best to make these Terms clear and easy to read…but it’s your job to read them. By using the Services, you confirm that you’ve done your part.
Great - let’s keep going.
1. Am I eligible to use the Service?
By law, we can only allow you to use the Service if you are a certain age:
- If you are under 13 years old: You cannot use the Service (sorry!). Please do not access the Service or provide us with any personal information.
- If you are older than 13, but not yet an adult: You can only use the Service if your parent or legal guardian agrees to these Terms on your behalf.
- If you are an adult: You can use the Service! Congrats.
NOTE: When we say “adult” we mean a person that is the age of majority according to the laws applicable in the place they live.
2. What rights am I granted?
- If you follow the Terms, you can use the Service and all functionality it offers.
- Or, as our lawyers put it: you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable licence to use the Service and as permitted by the features of the Service. Fuzerly reserves all rights not expressly granted herein in the Service and the Fuzerly Content (as defined below).
- The Service allows you to create and share GIFs, memes, fan art, quotes, designs, merchandise, and other creative content (“New Content”) about certain tv shows, movies, and other productions (“Productions”).
- New Content is created by combining:
- Content we include in the Service (e.g. images, text, graphics, illustrations, logos, trademarks, service marks, photographs, audio, videos, music, User Content belonging to other Users and New Content made by other Users (the “Fuzerly Content”); with
- Content you create on your own and submit into the Service (e.g. text, images, graphics, illustrations, logos, photographs, audio, video, and other materials you make available on the Service without compensation). Along with your name, your picture, your profile information, we call that content “User Content”.
- For example, you may be permitted to use a photo of a scene from your favourite Production (that would be Fuzerly Content), and add written text on top of it (that would be Your Content) to create a meme (that would be New Content).
- As part of accepting the grant of rights provided in these Terms:
- You agree that during your access to the Services, you may be exposed to advertisements.
- You agree that if you access the Services on your mobile phone, you may incur data charges.
3. How do accounts work?
- The Service may allow you to create an account and customize it by changing certain settings. By creating an account, you give us permission to send you information about your use of the Service, including information required by law.
- You cannot have more than one active account at any time.
- Usernames cannot be sold, bought, or held without activity for future use. If an account is inactive for 3 months or more, we can rename it or delete it.
- When registering an account, provide only true and complete information. You cannot create an account that indicates that you are a different person or that you represent an organization that you do not have permission to represent.
- Only the registered account holder can use the account.
- You are responsible for all activity that occurs through your account – so keep a strong password and don’t give other people your username, password or security code. If you think someone else has accessed your account, contact us right away (see Contact Us section below).
4. What are the rules of conduct?
Along with all other Terms, you need to comply with the following rules:
- Follow the community guidelines available here: (“Community Guidelines”).
- If you come across any content that violates the Community Guidelines, report it right away at hello@fuzerly.com
- You are solely responsible for your interactions with other Fuzerly Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We have no liability for your interactions with other Users, or for any User’s action or inaction.
- You can use the Service for non-commercial purposes only.
- You cannot sell, rent, lease, assign, distribute, modify, copy or alter any part of the Services.
- You cannot do any of the following techy stuff:
- copy, distribute, or disclose any part of the Service in any medium, including by any automated or non-automated “scraping”;
- use any automated system, including “robots,” “spiders,” “offline readers,” and the like to access the Service in a manner that sends more request messages to the Fuzerly servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- transmit spam, chain letters, or other unsolicited email;
- attempt interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- upload invalid data, viruses, worms, or other software agents through the Service;
- collect or harvest any personally identifiable information, including account names, from the Service;
- interfere with the proper working of the Service;
- access any content on the Service through any technology or means other than those provided or authorized by the Service; or
- use any Fuzerly trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data.
- You cannot conduct fraud, pretend to be someone else, or mislead people about your identity.
- You cannot use the Fuzerly Content for any purposes other than creating New Content and sharing New Content as permitted by the Service; this includes using the Fuzerly Content in a way that could tarnish, disparage, or reflect adversely on such Fuzerly, the folks in charge of or appearing in the Productions, or anyone else that helps make the Services possible.
- You cannot create Service knockoffs, imitations, or similar looking logos, apps, or websites.
- You cannot combine use of Fuzerly Content or New Content with a link to the Service (or other things belonging to Fuzerly like its logo) unless you have Fuzerly’s prior written approval.
5. Suspending, Terminating & Modifying the Service
- We can restrict access to the Service or stop providing the Services whenever we want (this includes suspending your account or banning you from the Service if you don’t follow these Terms).
- If your account is terminated by us for any reason, you must obtain written authorization from us before opening another account.
- We will update and upgrade the Service from time-to-time to offer you a better experience, enhance security, fix bugs, create new Service offerings, or for any other purpose. We may add or remove features and functionality if we see fit. Basically – if we think the Service can be improved, we will improve it.
6. What content does Fuzerly own?
- To begin, it’s super important to note that, except for the User Content you provide, all materials on the Service are exclusively owned by Fuzerly or our licensors.
- Any Fuzerly Content, including content owned by our licensors (e.g. Producers) will always remain the property of the licensors or Fuzerly (as applicable), and you gain no ownership right in such underlying content by using the Service.
- Remember: you can only use the Fuzerly Content as the Services allow; you cannot take any Fuzerly Content away from the Service and use it for any other purpose. Or, as our lawyers put it:
- Unless expressly permitted by Fuzerly in writing, you cannot sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Fuzerly Content or any other Intellectual Property Rights owned by Fuzerly or its licensors parties (e.g. copyrighted subject matter, patented or patentable subject matter, etc.).
7. What content do I own? What permissions am I giving to Fuzerly?
- You retain ownership of all Intellectual Property Rights related to User Content.
- “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any province, state, country, territory or other jurisdiction.
- To allow us to offer and promote the Service (among other things), you grant us the right to use the User Content in any media around the world for as long as we see fit.
- Or, as our lawyers put it: You expressly grant to Fuzerly a multi-use, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Fuzerly’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels
- Regarding the User Content, you confirm, represent, and warrant that:
- Use of the User Content does not violate any law (including defamation and libel laws) or infringe any rights of any third party (including Intellectual Property Rights);
- If the User Content includes any Intellectual Property owned by a third party, you have received permission from that third party that, in turn, allows Fuzerly to use the User Content as described in these Terms;
- No one is suing you or taking any other legal action that could prevent you from granting Fuzerly the right to use the User Content; and no one has threated to do any of those things either;
- We have no responsibility to pay guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and
- The User Content meets the Community Guidelines.
- If we learn of a claim that is inconsistent with your confirmations, representations, or warranties, we will send you a written notice that gives you the necessary details.
- Fuzerly takes no responsibility and assumes no liability for any User Content that you post, publish or print over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a conduit for your distribution and publication of User Content as so permitted on the Service.
- You understand and agree that you may be exposed to other party’s User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Fuzerly shall not be liable for any damages you allege to incur as a result. Your sole remedy here is to report the abuse that you see to Fuzerly using the method introduced above.
- While we aren’t required to, we may review, screen and delete your User Content at any time if we think it may violate these Terms. You are responsible for the User Content that you send through the Services, including for back up of such content.
- If your User Content is alleged to be offensive, inappropriate for young people, unlawful or otherwise in breach of these Terms, you agree that Fuzerly may disclose such User Content to law enforcement or other government authorities.
8. What happens to feedback I give to Fuzerly?
We love to hear from you, and love to implement your feedback. It’s important you understand that if you send us any comments or ideas about the Service (“Ideas”) you agree to the following:
- Ideas will automatically become our property.
- We do not, and will not ever, need to pay you to use the Ideas.
- We can use the Ideas in any way we see fit.
- We don’t waive any right to use any similar or related idea that we already created or obtained.
9. How does Fuzerly protect my privacy?
We love to hear from you, and love to implement your feedback. It’s important you understand that if you send us any comments or ideas about the Service (“Ideas”) you agree to the following:
- We care about your privacy and always seek to properly collect and use information that is most important to you.
- You understand that by using the Services you consent to:
- the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy; and
- having your personal information collected, used, transferred to and processed in the jurisdictions listed in our Privacy Policy.
10. How does Fuzerly secure my information?
Fuzerly cares about the integrity and security of your personal information, and we always do our best to keep your personal information protected. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. What’s the deal with links to other sites?
Fuzerly cares about the integrity and security of your personal information, and we always do our best to keep your personal information protected. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- The Service might include links to third party websites, advertisers, services (like creating merchandise), special offers, or other events or activities that are not owned or controlled by us. We only control the Service, and we’re not responsible for anything on other sites. We do not endorse or assume any responsibility for third party websites, information, materials, products, or services.
- If you access third party websites from the Service, you do so at your own risk, and you understand that these Terms and Fuzerly’s Privacy Policy do not apply to your use of such sites.
- You agree that Fuzerly is free from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Fuzerly is not responsible for any loss or damage of any sort relating to your dealings with such advertisers.
12. Indemnity
- You agree to defend, indemnify and hold harmless Fuzerly and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (the “Fuzerly Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
- your use of and access to the Service, including any data or content transmitted or received by you;
- your violation of any of these Terms, including your breach of any of the representations and warranties above;
- your violation of any third-party right, including any Intellectual Property Rights;
- your violation of any applicable law, rule, or regulation;
- any claim or damages that arise as a result of any of your User Content, your New Content, or any content that is submitted via your account; or
- any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
- If Fuzerly suffers damages or claims relating to your User Content, your New Content, account, or use of the Service or your violation of these terms, any laws, or any other individual’s rights, you are responsible for all costs.
13. No Warranty
- You use the Service as-is and at your own risk. We don’t provide any guarantees with respect to the Service, the content on it, the advertisements on it, or any third party made available on it. Or, as our lawyers put it:
- The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing the Fuzerly Parties and their licensors do not warrant that the content, including Fuzerly Content, User Content, or New Content, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
- Fuzerly does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Fuzerly will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
14. Limitation of Liability
- To the maximum extent permitted by applicable law, in no event shall Fuzerly Parties or their licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service, including your submission of User Content or New Content. Under no circumstances will Fuzerly be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
- To the maximum extent permitted by applicable law, Fuzerly assumes no liability or responsibility for any of the following:
- errors, mistakes, or inaccuracies of any content;
- any defamatory or libelous statements made in User Content or New Content;
- personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service;
- any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- User Content, or the defamatory, offensive, or illegal conduct of any third party.
- In no event shall Fuzerly, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Fuzerly hereunder or $100.00, whichever is greater. No action, regardless of form or nature, arising out of these Terms may be brought by you or on your behalf more than one year after the cause of action first arose.
- Notwithstanding anything to the contrary contained herein, Fuzerly shall not be liable for any damages, costs or losses arising as a result of modifications made to Fuzerly Content, User Content, New Content, or other content, any additions or combinations of those materials with other content, or the context in which those materials, or other content is used by you.
- This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Fuzerly has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- The Service is controlled and operated from its facilities in the Province of Ontario and under the federal laws of Canada. Fuzerly makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable Canadian and provincial laws and regulations.
15. Governing Law
You agree that:
- The Service shall be deemed solely based in the Province of Ontario;
- The Service shall be deemed a passive one that does not give rise to personal jurisdiction over Fuzerly, either specific or general, in jurisdictions other than Ontario;
- These Terms shall be governed by, enforced under and interpreted in accordance with the laws of the Province of Ontario, without respect to its conflict of laws principles; and
- If we need to enforce our Intellectual Property Rights against you, you agree to have the issue resolved only in the applicable courts located in or most proximate to the City of Toronto.
16. General
- Headings, etc. The Section headings in the Terms are included solely for convenience of reference. They are not intended to be complete or accurate descriptions of the section contents and shall not affect the interpretation or be considered a part of these Terms. Any use of the word ‘including’ in these Terms means ‘including but not limited to.’
- Survival. Upon termination for any reason or no reason, you continue to be bound by these Terms.
- Assignment. The agreement struck herein between you and Fuzerly, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Fuzerly without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Notification Procedures and Changes to the Terms.
- Fuzerly may, in its sole discretion, modify or update these Terms from time to time; if we do so, we will give notice in advance on the Services (including updating the ‘last updated’ date at the top of the Terms) and emailing you (if we have access to your email address). Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Service.
- Subject to its compliance with applicable laws, Fuzerly is permitted to provide notifications, whether such notifications are required by law or legitimate business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Fuzerly in our sole discretion;
- Fuzerly reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms;
- Fuzerly is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us;
- Entire Agreement/Severability. These Terms shall constitute the entire agreement between you and Fuzerly concerning the Service. If any provision of these Terms 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, which shall remain in full force and effect.
- No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fuzerly’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Contacting You. If we need to contact you about these Terms, you agree to receive electronic messages from us, and that such receipt satisfies all legal requirements as if they were in writing.
- Contact Us. Please contact us at hello@fuzerly.com with any questions regarding these Terms. This section contains terms regarding the ability to transfer rights under these Terms, notification procedures and the interpretation of these terms.