We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this User Agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to the appropriate email address on our Contact Page.
Our Limited License to You.
Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the service. The materials available through this website are the property of us and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through this website; however, you may not otherwise reproduce any of the materials or distribute copies of any of the materials found on this website in any form (including by email or other electronic means) without the prior written consent of the owner. Of course, you're free to encourage others to access the information themselves on our website and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this website can be sent to: Fickle Passion Productions, Inc.; c/o Brophy, Schmor, Brophy, Paradis, Maddox & Weaver, LLP; 201 West Main Street, Suite 5A; P.O. Box 128; Medford, OR 97501, or email us via our Contact Page.
Your License to Us.
By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. You agree to indemnify and hold us harmless from any and all claims, losses, expenses, fees (including but not limited to attorneys fees), costs and judgments that may be incurred by or asserted against us and arising as result of your violation or infringement, whether actual or alleged, of the intellectual property rights of any third parties. By submitting material to any public posting areas of this website, such as any message boards or forums, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we, including our partners, agents, affiliates and service providers (each a "Third Party Provider" and collectively, "Third Party Providers") may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. Without limiting the generality of the previous sentence, you agree that we (as defined above) may distribute, share or otherwise provide such material under any terms we see fit to any user(s) of this website or any users of any Third Party Provider services, without the requirement of providing you any form of compensation. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by screen name or email address as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.
Without our prior written permission, you may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property. Requests for permission to frame our content or in-line link to our website may be sent us via our Contact Page.
We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.
Pixels Worth a Thousand Words™ is a trademark of Fickle Passion Productions, Inc. (FPP, Inc.)
Quick Response (QR) Codes
Each QR Code generated by our QR Code Generator software is copyrighted by Fickle Passion Productions, Inc. (FPP, Inc.)
Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us via our Contact Page or send a notice via U.S. Mail to Fickle Passion Productions, Inc., c/o Brophy, Schmor, Brophy, Paradis, Maddox & Weaver, LLP, 201 West Main Street, Suite 5A, P.O. Box 128, Medford, OR 97501. You should only send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this website.
We work hard to make this website an interesting and enjoyable place. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this website.
Use at Your Own Risk.
We provide the material available through this website for informational purposes only. You may only use the material and the services available through this website for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. Before you act on any information you've found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
Materials Submitted by Other Users.
We cannot and do not review every posting made in our forums and other areas available for public postings. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).
THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Our Liability
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
We may provide a variety of services on this website through which you can directly interact with others, such as email services, communication tools, forums, and other public posting areas ("Communication Services"). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communication Services.
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our User Agreement, or to protect the rights, property or safety of visitors to our website, our customers, the public or Fickle Passion Productions, Inc. and its employees, agents, partners and affiliates.
We reserve the right to deny access to any Communication Service to anyone who violates this User Agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Specific Prohibited Uses.
Without limiting the foregoing, we may immediately terminate your use of any Communication Service if you engage in any of the following prohibited activities:
We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $5 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components, and that we are not responsible for any damages you may incur as a result of the same. (See section titled "Limitations on Our Liability").
You agree to indemnify and hold us and our affiliates, agents and licensors, harmless from any claim that may arise from your use of any free email service available through this website.
To obtain access to certain services on our site, you may be given an opportunity to register with us. You agree that you will register only if you are 18 years or older. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us via our Contact Page of any known or suspected unauthorized use of your account.
This User Agreement has been made in and shall be construed in accordance with the laws of the State of Oregon. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Medford, Jackson County, Oregon in all disputes arising out of or relating to this agreement or this website.
We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
We may collect the following information:
We require this information to understand your needs and provide you with better service, and in particular for the following reasons:
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept/decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. This may prevent you from taking full advantage of the website.
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites, and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question; check your browser's address bar to verify the address of the website you are currently visiting.
You may choose to restrict the collection or use of your personal information in the following ways:
We will not sell, distribute or lease your individual personal information to third parties unless we have your permission or are required by law to do so.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write us at: Fickle Passion Productions, Inc.; c/o Brophy, Schmor, Brophy, Paradis, Maddox & Weaver, LLP; 201 West Main Street, Suite 5A; P.O. Box 128; Medford, OR 97501, or email us via our Contact Page.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at either of the above addresses. We will promptly correct any information found to be incorrect.