Test from SFM

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Smallfrymedia pays for content

Smallfrymedia pays for content.  Yes that is correct, we pay you to add quality content to our sites.  What are you waiting for, join us now!

googlec8cbd09903ea416c.html

 google-site-verification: googlec8cbd09903ea416c.html

FAQ - Frequently Asked Questions and Helpful Tips

 

The following are some of the frequently asked questions that we receive.  If you don't find the answers you need here, please try our online forum located at www.socialinequity.com/forum

Keywords: 
FAQ, post content and earn money,

Test for Twitter on SFM2

test

 Test for Twitter on SFM  Test for Twitter on SFM  Test for Twitter on SFM  Test for Twitter on SFM  Test for Twitter on SFM   Test for Twitter on SFM   Test for Twitter on SFM   Test for Twitter on SFM2

test on SFM

This is a test on small fry media to determine if this publishes and it is posted out to Twitter and Ping.fm. 

test

This is a test topic

This is the name that will appear on top of the browser. This is important to search engines like Google, so include a keyword phrase that is relevant to the article as the first words if possible; try to keep the page title no more than four or five words.

Terms of Use Agreement

Terms of Use Agreement - SmallFryMedia.com and all Small Fry Media Branded Content Websites

December 27, 2011


1. INTRODUCTION


Small Fry Media is a registered DBA of Clark County Computers, LLC, a Washington State company which operates the SmallFryMedia.com website and a network of Small Fry Media branded content websites and herein are otherwise referred to as “we,” or “our.” We offer a network of websites for individuals and small businesses to earn an on-going source of income as content contributors as well as promote a wide-range of American products and services. Our
“Registered Users” also known as General Contributors (GC) may upload interesting, informative, and relevant content to our websites.

Our websites incorporate a wide-variety of services, features, functions, content, and applications; including but not limited to audio and video players, image galleries, search tools, blogs, newsletters, polls, forums, auto-responders, advertisements, articles, calendars, RSS feeds, widgets, ecommerce stores, and more collectively referred to herein as “Services". Our Services are hosted in the United States .

All who view, upload, download or access our websites must agree with these Terms of Use or immediately cease to view or access any of our websites.

 

2. GENERAL CONTRIBUTORS

FOR ALL REGISTERED USERS KNOW AS GENERAL CONTRIBUTORS OR GC’s.

  • Anyone over 18 year of age may register as a General Contributor
  • General Contributors may add relevant content to any of the SmallFryMedia.com branded content websites.
  • All content added to our sites must be relevant to the site, informative, interesting, or in some way useful to the audience of the site topic.
  • Spamming multiple sites with the same content is not permitted. The GC may submit content that is significantly rewritten to additional sites.
  • GC User Accounts will be terminated and the associated IP addreess may be permanently banned if the GC is found to have breached any of the Terms of Use or Code of Conduct agreed to by all users of any of Small Fry Media branded websites and services.
  • GC User Accounts can also be terminated for breach of a Vendor or Affiliate Agreements at the sole discretion of Small Fry Media.
  • General Contributors will earn points for the content they add to any Small Fry Media branded website. Points will be calcuated and converted into dollars on the last day of each month based as follows:

Content Type

- Articles - 50 pts
- Reviews - 25 pts
- Calendar events - 5pts
- Blogs posts - 5 pts
- Forum posts - 5 pts
- Images - 1 pts
- Videos - 1 pts
- Polls - 1 pts

A minimum word counts will apply to ensure some reasonable effort was made.

Quality Rating

Average
0 stars = 0 points added or subtracted
0.1 to 3.99 stars = -5
4.00 star to 6.99 stars = 1
7.00 to 8.99 stars = 7
9.0 to 10 stars = 15

No quality rating points are awarded on images or videos.

Popularity

Unique IP visits

0 = 0
1 = 1
10 = 2
25 = 5
50 = 10
100 = 20
250 = 50
500 = 100
1000+ = 200

Each visitor to your content has a unique network address. Points related to site visits by bots and search engines do not generate commissions.

Reporting

You will have access to view the following information about points from your user profile page:
Total points per month for all users
Total points per month for your contributions
Previous 12 months total points for your contributions
Your Lifetime Total Points

Commissions

Commissions are paid based directly on your efforts and the audience response to your work.

First, we take the total number of points awarded to you and divide this number by the total number of points generated by all general contributors.

Example: Jane Doe earned 100 points in February and the total points for all contributors were 10,000. 100/10,000 = 0.01 or 1 percent.
So, Jane Doe will earn 1% of the total funds available for commissions in February.

The total funds available are determined by the income generated by all sources of income to the Small Fry Media network of websites. Small Fry Media earns commissions from the actions of our site visitors and currently from the following sources:

Purchase products or services via our ecommerce store
Purchase items via the Commission Junction Ads on our sites
Click on Google Ad Sense ads on our sites

If Small Fry Media has $20,000 available for February commissions, Jane would be paid $200.00 in commission. Obviously, those who post more frequently, have higher quality ratings, and attract more visitors will earn the highest commissions.

Commission payments will be calculated on the last day of each month and paid thirty days later as Small Fry Media has to receive the income before we can pay it out.

Small Fry Media reserves the right to modify the point and commission system at anytime without notice. End of month point totals are final. Errors and ommissions may occur and may not be reversible. We also reserve the right to zero your account, suspend, or terminate your user rights and access at any time.

3. ACCEPTANCE
BY PARTICIPATING, USING OR VIEWING THIS WEBSITE OR ANY OF ITS CONTENT, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF Small Fry Media PRIVACY POLICY AND CODE OF CONDUCT, WHICH ARE PUBLISHED AT http://www.Small Fry Media/content/privacy-policy and http://Small Fry Media/content/code-conduct AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms and conditions, then please do not use or view SmallFryMedia.com or any of the Small Fry Media branded content Websites.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Small Fry Media Services. By using the Small Fry Media Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the SmallFryMedia.com website or any of the “Small Fry Media branded content websites, including through a mobile device, or otherwise use the Small Fry Media Services without being registered) or you are a "Registered User" (which means that you have registered with SmallFryMedia.com and can log into our services). The term "User" refers to a Visitor or Registered User. You are only authorized to use the Small Fry Media Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement, print it and save it for reference. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should immediately discontinue use of all Small Fry Media Services. If you wish to become a Registered User and/or make use of any of the Small Fry Media Services, you must read this Agreement and indicate your acceptance during the registration process before your User Profile and Account can be created.

This Agreement includes Small Fry Media policy for acceptable use of the Small Fry Media Services and Content posted on or through the Small Fry Media Services and your rights, obligations and restrictions regarding your use of all Small Fry Media Services and Content posted on or through the Small Fry Media Services. In order to participate in certain Small Fry Media Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Small Fry Media.


4. MODIFICATIONS TO THIS AGREEMENT


Small Fry Media may modify this Agreement from time to time and such modification shall be effective upon posting by Small Fry Media on the Small Fry Media Website. Your continued use of the Small Fry Media Services after Small Fry Media posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

5. PROHIBITED CONTENT AND ABUSE
Please choose carefully the information you post on or through the Small Fry Media Services and that you provide to other Users. Your user profile and website content may not include any form of Prohibited Content, as outlined in Section 16 below. Despite this prohibition, information, materials, products or services provided by other Small Fry Media Users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Small Fry Media assumes no responsibility or liability for this material. If you become aware of misuse of the Small Fry Media Services by any person, please click on the "Contact Us” link at the bottom of any of our Website pages and notify us of the abuse.

6. RIGHT TO REFUSAL OF SERVICE


Small Fry Media reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Small Fry Media Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Small Fry Media expressly reserves the right to remove your user profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Small Fry Media Services if Small Fry Media determines, in its sole discretion that you have violated this Agreement or pose a threat to Small Fry Media and/or its Users.

We reserve the right to refuse to sell any product or service. In addition, we reserve the right to limit quantities of items purchased by each customer. We reserve the right to cancel any order or part of an order, or refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, price discrepancy, quality concerns. We reserve the right to charge fees or extra shipping charges for any product that is backordered. The posting of prices on our site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods is between our merchants and the customer and is not entered into until a charge is made on a valid credit card or otherwise accepted form of payment.

7. ELIGIBILITY


Use of Small Fry Media Services and registration to be a Registered User for the Small Fry Media Services is void where prohibited. By using the Small Fry Media Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Small Fry Media Services does not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site or payment of commissions earned. Your user profile, account, and content may be deleted and your User Rights may be terminated without warning, if we believe that you are under 18 years of age.

8. TERM AND TERMINATION
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use any of the Small Fry Media Services or are a Registered User. You may terminate your user account at any time, for any reason, by contacting us. Even after User Rights are terminated, this Agreement will remain in effect. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or our websites. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

9. ADVERTISING AND FEES
You acknowledge that Small Fry Media reserves the right to charge for any portion of the Small Fry Media Services and to change its fees (if any) from time to time in its discretion. If Small Fry Media terminates your User Rights because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). You understand and agree that the Service may include advertisements and commercial listings and that these are necessary for us to provide the Service. You will not obscure anything found on our websites from general view via HTML/CSS or any other means.

10. PASSWORD
When you sign up to become a Registered User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Registered User at any time or to disclose your password to any third party. You agree to notify Small Fry Media immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

11. USE BY REGISTERED USERS
Small Fry Media Services are for the personal use of Registered Users and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Small Fry Media. Small Fry Media reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Small Fry Media Services, including collecting usernames, user id numbers, and/or email addresses of Registered Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Small Fry Media Website, or employing third party promotional sites or software to promote User Profiles or any of our websites for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Registered User profiles without notice or explanation and may result in termination of User Rights privileges. Small Fry Media reserves the right to take appropriate legal action for any illegal or unauthorized use of the Small Fry Media Services.

12. USER CONTENT
Small Fry Media does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "User Content") that YOU post to Small Fry Media Website or any of the Small Fry Media.com Websites. After posting your User Content to our websites, you continue to retain all ownership rights in such User Content, and you may use such User Content in any way you choose. However, by displaying or publishing ("posting") any such User Content on or through the our Websites or Services, you hereby grant to Small Fry Media a non-exclusive (meaning you are free to license your User Content to anyone else in addition to Small Fry Media), fully-paid and royalty-free (meaning that Small Fry Media is not required to pay you for the use of the User Content that you post), with a right to sublicense (so that Small Fry Media is able to allow this information to be posted on any of our websites or third party sites or used by our affiliates, subcontractors, and other partners), worldwide (because the Internet and the Small Fry Media Services are global in reach ) and irrevocable (because once the Content is incorporated into the community knowledge base, it cannot be easily removed) license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content for any purpose whatsoever in any media format, through any media channels, and without any limitation. Without this license, Small Fry Media would be unable to provide our Services.

You represent and warrant that: (i) you own the User Content posted by you on or through any of our Websites or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the any of our Websites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through any of our Websites.

You are solely responsible for the User Content that you post on or through any of our Websites, any material or information that you transmit to other Users or for your interactions with other Users, and the consequences of posting or publishing such User Content. Small Fry Media does not endorse and has no control over the User Content. Small Fry Media does not guarantee any confidentiality with respect to any User Content. User Content is not necessarily reviewed or prescreened by Small Fry Media prior to posting and does not necessarily reflect the opinions or policies of Small Fry Media. Small Fry Media makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Users or Registered Users. Small Fry Media does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Small Fry Media expressly disclaims any and all liability in connection with User Content.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Small Fry Media all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Small Fry Media or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

You agree not to engage in the use, copying, or distribution of any of the Content found on any of our Small Fry Media branded websites other than expressly permitted herein. If you download or print a copy of any portion of any Website, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of any of our Websites or Services that prevent or restrict use or copying of any Content or enforce limitations on use of the our Websites or the Content therein.

13. OUR CONTENT: GRANT OF RIGHTS AND LIMITATIONS – USE OF ANY OF OUR WEBSITES OR CONTENT.
Small Fry Media provides our Websites and Content to its Users and your use of our Websites and Content is authorized only as provided by these Terms of Use. Small Fry Media reserves all rights in and to our Websites and Content not expressly granted by these Terms of Use.

Small Fry Media hereby grants you permission to use the Website provided: (i) you not alter or modify any part of the Website other than through the intended use of the content control panel assigned to your approved user role; and (ii) to use our Websites for their intended purposes; and (iii) you will otherwise comply with the terms and conditions of these Terms of Use.

Small Fry Media further grants you permission to post Our Content including Our Other Registered Users Content on other websites provided you comply with the following provisions:

(a) you may post Our Content on other websites for non-commercial purposes, i.e. where you have no intent to obtain direct commercial gain from the use of the Content, provided you use the Small Fry Media name and logo in connection with the display of the Content and comply with all of the Small Fry Media Trademark Usage Guidelines as seen on the Small Fry Media website.

Non-commercial purposes include, for example:

  • Posting your profile page on a social networking website;
  • Posting on a non-revenue generating personal blog, message board, discussion group, chat room or forum;
  • Posting on a site you might manage for a well-known individual (such as a celebrity)

(b) you may post Content on other websites for commercial purposes, i.e. where you have the intent to obtain direct or indirect commercial gain from the use of the Content, provided you (i) use the Small Fry Media name and logo in connection with the display of such Content and comply with all of the Small Fry Media Trademark Usage Guidelines as shown on the Small Fry Media website and (ii) register your use of the Small Fry Media Content within 5 business days of its first use by e-mailing to us via the “contact us” link found on the bottom of our website pages the following information: the URL where the Content is posted; your contact information including contact name, company name, address, e-mail address, phone number and intent of such posting of Small Fry Media Content. Commercial purposes include, for example:

Posting on a blog where the blog is managed like a business and relies on ad revenue for its income. If the blogger would like to use Our Content as part of their existing content simply inform Small Fry Media about it;

Posting of Small Fry Media Content for the sole purpose of using the Content for commercial purposes (whether for market research, selling the data or other intent of profit from the Content) is prohibited.

Small Fry Media, in its sole discretion, reserves the right to determine whether the use of Content is for commercial or non-commercial purposes.

Illegal and/or unauthorized use of the Small Fry Media Websites, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Small Fry Media Websites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation in Member profiles may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of any of the Small Fry Media Websites.

Small Fry Media Websites contains User Content, Small Fry Media Content, and content of Small Fry Media licensors. Except for the content posted by you or as otherwise authorized by these Terms of Use, content appearing on or through the Small Fry Media Websites may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

We offer parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog or view postings through third party software news aggregators. We permit you to display, excerpt from, and link to the RSS feeds provided your use of the RSS feed is for personal, non-commercial, or authorized commercial purposes; each title is correctly linked back to the Service; and your use does not overburden our systems. We may terminate any RSS feed or other of our Services at any time. We permit hyperlinks to our Service for noncommercial use, personal weblogs, personal online media, and authorized commercial uses.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses our Websites in a manner that sends more request messages to the Small Fry Media servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Small Fry Media grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Small Fry Media reserves the right to revoke rights granted herein either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from our Websites, nor to use the communication systems provided by our Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our Websites or Services with respect to their Member profiles or User Content.

14. CONTENT REMOVAL AND DELETION
Small Fry Media reserves the right to remove and delete User Content without prior notice and in its sole discretion. Small Fry Media may delete User Content at any time for any purpose including but not limited to violations of these Terms of Use or for being offensive, illegal or violate the rights, harm, or threaten the safety of any person. Small Fry Media assumes no responsibility for monitoring the Small Fry Media Website for inappropriate Content or conduct. If at any time Small Fry Media chooses, in its sole discretion, to monitor the Small Fry Media Website, Small Fry Media nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

15. CONTENT AND PROPRIETARY RIGHTS
Our Websites contain content including without limitation, text, software, scripts, software code and tools, graphics, poll results, aggregated information, photos, articles, blogs, newsletters, forums, sounds, music, videos, interactive features and the like ("Small Fry Media Content" or “Our Content”). Small Fry Media Content is protected by copyright, trademark, patent, trade secret and other laws, and Small Fry Media owns and retains all rights in the Small Fry Media Content. Except as provided within this Agreement, you will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to user content. Small Fry Media hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Small Fry Media Content (excluding any software code) solely for your personal use in connection with viewing the Small Fry Media Websites and using the Small Fry Media Services.

16. PROHIBITED CONTENT AND PROHIBITED ACTIVITY
The following are examples of the kind of Content and Activity that are illegal or prohibited to post on or through the Small Fry Media Services. Small Fry Media reserves the right to investigate and take appropriate legal action against anyone who, in Small Fry Media's sole discretion, violates this provision, including without limitation, removing the offending Content from the Small Fry Media Services and terminating the User Rights of such violators. Small Fry Media reserves the right to investigate and take appropriate legal action against anyone who, in Small Fry Media's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. You will not include or create links or otherwise refer to other sites that violate these restrictions. Prohibited content and prohibited activities includes, but is not limited to, content that, in the sole discretion of Small Fry Media:

16.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

16.2 harasses or advocates harassment of another person;

16.3 exploits people in a sexual or violent manner;

16.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

16.5 solicits personal information from anyone under 18;

16.6 poses or creates a privacy or security risk to any person;

16.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

16.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music, recordings, eBooks, software, or any other data files;

16.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

16.10 creates or accesses restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

16.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

16.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

16.13 involves commercial activities and/or sales without prior written consent from Small Fry Media such as contests, sweepstakes, barter, advertising, or pyramid schemes;

16.14 includes a photograph or video of another person that you have posted without that person's consent;

16.18 uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the Users site; or

16.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or legal entity.

16.17 is a criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

16.18 advertises to, or solicits Users and Visitors to buy or sell any products or services through the unauthorized or impermissible use of the Small Fry Media Services. You may not transmit any chain letters or junk email. You may not promote contests, run lotteries, or promote pyramid schemes. In order to protect the public from such promotions, advertisements or solicitations, Small Fry Media reserves the right to restrict the number of emails which a Registered User may send in any 24-hour period to a number which Small Fry Media deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Small Fry Media Websites or Services, you acknowledge that you will have caused substantial harm to Small Fry Media, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Small Fry Media $50.00 for each such unsolicited email or other unauthorized commercial communication you send through the Small Fry Media Services;

16.19 circumvents or modifies, attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Small Fry Media Services;

16.20 is an activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

16.21 covers or obscures the banner advertisements on any of Small Fry Media Services pages via HTML/CSS or any other means;

16.22 uses any unauthorized automated system, such as, but not limited to, using scripts to add friends or send comments or messages;

16.23 interferes with, disrupts, or creates an undue burden on the Small Fry Media Services or the networks or services connected to the Small Fry Media Services;

16.24 impersonates or attempts to impersonate another Registered User, person or entity;

16.25 for sites containing a video or audio player, copying the code for your Small Fry Media Player and embedding it (or directing others to embed it) anywhere other than a Small Fry Media website;

16.26 uses the account, username, or password of another Registered User at any time or disclosing your password to any third party or permitting any third party to access your account;

16.27 sells or otherwise transfers your profile or website access;

16.28 uses any information obtained from the Small Fry Media Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

16.29 displays an unauthorized commercial advertisement on any of Small Fry Media Services or websites, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Small Fry Media Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with an unauthorized commercial purpose;

16.30 encourages or instructs unauthorized copying or circumvention of copy protection or pirating of intellectual property or content including but not limited to software, music, text, photographs, illustrations, and movies;

16.31 posts, publishes, or transmits any text, graphics, or material that is illegal or violates local and national laws or that contains, encourages, advocates, or expresses: obscenity, pornography, sexually explicit conduct, child pornography, the making or buying of illegal weapons or illegal drugs, hatred, bigotry, racism, profanity, vulgarity;

or gratuitous violence or use of weapons;

16.32 floods, overloads, or mail bombs any mail service or transmits or transfers any harmful or disruptive viruses, worms, computer code, files, or programs;

16.33 disrupts, harms or inappropriately accesses any computer, network, server or telecommunication system or violate related security or operational procedures, policies or regulations;

16.34 threatens, disrupts, inflames, intimidates, libels, stalks, defames, or defrauds any individual, entity, or group on any basis including but not limited to age, gender, sexual orientation, ethnicity, race, religion or disability or encourage anyone else to do so;

16.35 posts, publishes, or transmits any text, graphics, or material that is illegal or violates local and national laws or that contains, encourages, advocates, or expresses: obscenity, pornography, sexually explicit conduct, child pornography, the making or buying of illegal weapons or illegal drugs, hatred, bigotry, racism, profanity, vulgarity or gratuitous violence or use of weapons;

16.36 harms or exploits minors in any way including collecting personally identifiable information, including but not limited to name, email address, home address, phone number, or school;

16.37 invades privacy by attempting to collect, store, or publish private or personally identifiable information, including but not limited to password, account information, credit card number, address, or other contact information;

16.38 modifies or falsifies the source of any content or information, impersonate another individual, Small Fry Media representative, or moderator, or falsely state or misrepresent affiliation with a person or entity;

16.39 infringes any patent, trademark, trade secret, copyright, or other proprietary rights or violate contractual or fiduciary relationships (such as insider, proprietary, or confidential information);

16.40 supports or helps any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

16.41 attempts (i) to access or search the Service with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Small Fry Media or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, or Apple Safari); or (ii) to "frame," "mirror" or otherwise copy any portion of the Site without Small Fry Media's express written authorization;

16.42 attempts to use the Service for data collection, aggregation, mining or extraction. We authorize an exception for general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. This exception excludes websites or search engines that specialize in listings, postings, profiles, discussion groups or subsets such as jobs, housing, for sale, or services, or are in the business of providing ad listing services;

16.43 uses the Small Fry Media Services in a manner inconsistent with any and all applicable laws and regulations;

16.44 uses Small Fry Media Services to endorse, promote, attack, or solicit funds for politicians or political candidates or to endorse, promote, attack, or solicit funds for one side of any political issue.


17. THIRD-PARTY WEBSITES
Small Fry Media branded Websites may contain links to third party websites that are not owned or controlled by Small Fry Media. Small Fry Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Small Fry Media will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Small Fry Media from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave a Small Fry Media Branded Website and to read the terms and conditions and privacy policy of each other website that you visit.

18. PROTECTING COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY
Small Fry Media respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Small Fry Media has the right to terminate the User Rights of infringers.

If you believe your work has been copied and posted on or through the Small Fry Media Services in a way that constitutes copyright infringement, please send Small Fry Media's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Small Fry Media Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Small Fry Media's Copyright Agent for notification of claimed infringement can be reached as follows: Small Fry Media, 13023 NE Hwy 99, Suite 7-52, Vancouver, WA 98686 Attn: Copyright Agent.

19. MONITORING AND DISCLOSURE
We may monitor your communications and may disclose content and information about you, including contents of communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this Service Agreement including maintaining this Service and the Code of Conduct; or (3) protect the rights, property, personal safety or interests of Small Fry Media, its Employees, Customers, Users, Sponsors, Providers, Licensors, Merchants or the public.

20. LIMITATIONs OF SERVICE
You acknowledge that we may establish limits concerning use of the Service, including the length, number or size of photos, images, articles, videos, email messages, postings, or other content that are retained, stored, displayed, or transmitted by the Service. We may also limit the frequency with which you may access the Service if it appears excessive or automated. We may also limit the total storage space for your sites content or the bandwidth allocated to your site or User Profile. We reserve the right to modify or discontinue the Service (or any part or feature thereof) at any time with or without notice

21. CODE OF CONDUCT
You will not use the Service in a way that is against the law or harms anyone or any entity, including Small Fry Media, our directors, officers, employees, subcontractors, users, partners, affiliates, service providers, or suppliers. We may tell you about harmful uses but have no duty to do so. You will comply with the Code of Conduct and other notices we provide. You may review the Code of Conduct at any time at http://www.Small Fry Media/content/code-conduct. Violations of the Code of Conduct may result in the termination of your access or deletion of your content without notice. We reserve the right to cancel, suspend, or block access to the Service in whole or part at any time. We will comply with all court orders related to your actions.

22. WARRANTY DISCLAIMER
Small Fry Media WEBSITES AND SERVICES ARE PROVIDED TO YOU “AS IS.” We give no express warranties, guarantees, or conditions. To the extent permitted by law, we disclaim any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, we do not warrant that the service or the content will be accurate, error-free, virus-free, or uninterrupted or that it will meet your requirements. You may have additional consumer rights under your local laws that this Service Agreement cannot change.

You agree that your use of the Small Fry Media branded websites shall be at your sole Risk. To the fullest extent permitted by law, Small Fry Media, its officers, directors, employees, members, affiliates, subcontractors and agents disclaim all warranties, express or implied, in connection with our websites and your use thereof. Small Fry Media makes no warranties or representations about the accuracy or completeness of our websites content or the content of any sites linked to our sites and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Websites, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our websites, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our websites by any third party, and/or (v) any errors or omissions In any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via Small Fry Media websites or services. Small Fry Media does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Small Fry Media website or any hyperlinked website or featured in any banner or other advertising, and Small Fry Media will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

23. Limitation of Liability
In no event shall Small Fry Media, its Officers, directors, employees, members, affiliates, subcontractors and agents, Be liable to you for any direct, indirect, incidental, special, punitive, or Consequential damages whatsoever resulting from any (i) errors, mistakes, or Inaccuracies of content, (ii) personal injury or property damage, of any nature Whatsoever, resulting from your access to and use of our websites, (iii) any Unauthorized access to or use of our secure servers and/or any and all personal Information and/or financial information stored therein, (iv) any interruption Or cessation of transmission to or from our website, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website By any third party, and/or (v) any errors or omissions in any content or for Any loss or damage of any kind incurred as a result of your use of any content Posted, emailed, transmitted, or otherwise made available via Small Fry Media Websites or services, whether based on warranty, contract, tort, or any other Legal theory, and whether or not the company is advised of the possibility of Such damages. The foregoing limitation of liability shall apply to the fullest Extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Small Fry Media, its officers, directors, Employees, members, affiliates, subcontractors or agents shall not be liable For user submissions or the defamatory, offensive, or illegal conduct of any Third party and that the risk of harm or damage from the foregoing rests Entirely with you. Under no circumstances shall we or any other party involved In creating, producing, or distributing the sites be liable for any direct, Indirect, incidental, special, or consequential damages for loss of profits, Good will, use, data or other intangible losses (even if we have been advised Of the possibility of such damages) that result from (i) The use of or inability to use the sites, (ii) the cost of procurement of Substitute goods and services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions enetered Into through or from the service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on The site; or (v) any other matter relating to the service. You hereby Acknowledge that this paragraph shall apply to all content, merchandise, and Services available through the site. Because some states do not allow the Exclusion or limitation of liability for consequential or incidental damages, In such states liability is limited to the fullest extent permitted by law.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, members, affiliates, subcontractors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through our Sites, your use of our Sites, your connection to our Sites, your violation of the Terms of Use, or your violation of any rights of another.

The Websites and our Services are controlled and offered by Small Fry Media from its facilities in the United States of America. Small Fry Media makes no representations that the Small Fry Media Websites are appropriate or available for use in other locations. Those who access or use the Small Fry Media Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for Services during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of our Websites, even if we have been advised of the possibility of such damages.

24. INDEMNITY
You agree to defend, indemnify and hold harmless Small Fry Media, its officers, directors, employees, members, subcontractors and agents, as well as our associated affiliates and partners from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to any of the Small Fry Media Websites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Small Fry Media Websites.


25. ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

26. ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Small Fry Media without restriction.

27. REMEDIES
You agree that monetary damages may be inadequate to compensate Small Fry Media for any breach of these Terms of Use. Accordingly, you agree that any such breach will cause irreparable injury to Small Fry Media and that, in addition to any other remedies that may be available at law, Small Fry Media shall be entitled to obtain injunctive relief.

28. GENERAL
This Agreement is accepted upon your use of any of the Small Fry Media or Small Fry Media Websites or Services and is further affirmed by you becoming a Registered User. Small Fry Media is a trademark of Small Fry Media. All trademarks, product names, and company names and logos appearing on our Sites (other than Small Fry Media) are the property of their respective owners. You agree that the Small Fry Media Website shall be deemed solely based in Washington . If there is any dispute between you and Small Fry Media you agree that the dispute, whether or not related to the Terms of Use, shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles, and you agree to exclusive personal jurisdiction in Washington and venue in the state and federal courts of the United States located in Clark County, Washington. These Terms of Use, together with the Privacy Policy and any other legal notices published by Small Fry Media on our Websites, shall constitute the entire agreement between you and Small Fry Media unless you are also under bound by a separate Independent Contractor, Business Service, Vendor, or Affiliate Agreement which will provide additional provisions not mentioned herein, the provisions of those additional agreements shall be valid. Should any provision in any other agreement we may have with you conflict with any of these Terms of Use, the provisions found in these other agreements will override the conflicting provisions found herein. There Terms of Use supersedes all prior Terms of Use agreements between you and Small Fry Media. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Small Fry Media's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Small Fry Media reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Small Fry Media will have the right to assign this Service Agreement and rights and delegate its duties in connection with a merger, reorganization, or transfer of substantially all of its assets. This Service Agreement will bind successors and permitted assigns. Your use of the Small Fry Media Websites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND Small Fry Media AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SMALL FRY MEDIA BRANDED WEBSITES AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

29. REGISTERED USER DISPUTES
You are solely responsible for your interactions with other Small Fry Media Registered Users. Small Fry Media reserves the right, but has no obligation, to become involved in any way with disputes between you and other Registered Users.

30. PRIVACY
Use of the Small Fry Media Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

31. DISCLAIMERS
Small Fry Media, its officers, directors, employees, members, subcontractors, affiliates, and agents are not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Small Fry Media Services, whether caused by Users of the Small Fry Media Services or by any of the equipment or programming associated with or utilized in the Small Fry Media Services and such User Content does not necessarily reflect the opinions or policies of Small Fry Media. Profiles and third party applications created and posted by Registered Users on the Small Fry Media Websites may contain links to other websites. Small Fry Media is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Small Fry Media. Inclusion of any linked website on the Small Fry Media Services does not imply approval or endorsement of the linked website by Small Fry Media. When you access these third party sites, you do so at your own risk. Small Fry Media takes no responsibility for third party advertisements or third party applications that are posted on or through the Small Fry Media Services, nor does it take any responsibility for the goods or services provided by its advertisers. Small Fry Media is not responsible for the conduct, whether online or offline, of any User of the Small Fry Media Services. Small Fry Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Registered User communication. Small Fry Media is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Small Fry Media Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with= the Small Fry Media Services. Under no circumstances shall Small Fry Media, its officers, directors, employees, members, subcontractors, affiliates, and agents be responsible for any loss or damage, including personal injury or death, resulting from use of the Small Fry Media Services, attendance at a Small Fry Media event, from any User Content posted on or through the Small Fry Media Services, or from the conduct of any Users of the Small Fry Media Services, whether online or offline. The Small Fry Media Services are provided "AS-IS" and as available and Small Fry Media expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Small Fry Media cannot guarantee and does not promise any specific results from use of the Small Fry Media Services.

32. U.S. EXPORT CONTROLS AND INTERNATIONAL USE
The U.S. export control laws regulate the export and re-export of technology originating in the United States . This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the sitex to either a foreign national or a foreign destination in violation of such laws.

Software available in connection with the Small Fry Media Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Small Fry Media Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.

33. DISPUTES AND APPLICABLE LAW
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington, without regard to its conflict of law provisions. You and Small Fry Media agree to submit to the exclusive jurisdiction of the courts located within the State of Washington to resolve any dispute arising out of the Agreement or the Small Fry Media Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Any claim relating to our Website or the services provided through our Websites or the Content shall be governed by the internal laws of the state of Washington, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Clark County, Washington, U.S.A.

34. ELECTRONIC COMMUNICATIONS
When you visit our Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices via our websites. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices provided to you via email will be deemed given and received on the transmission date.

35. SWEEPSTAKES AND CONTESTS
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on our websites. Each of these activities shall be governed by specific rules accessible from the Site offering the promotion.

36. COLOR/PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible the colors of our products that appear on our sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that any product or service descriptions are accurate, complete, reliable, current, or error-free. If any product offered by our websites is not as described, your sole remedy is to return it in unused condition.

37. SHIPPING ADDRESS
To make purchases in our ecommerce stores or on most of our merchant Sites, you must have a verifiable shipping address in the United States or an APO/FPO U.S. military address. Some merchants may allow shipments to foreign countries.

38. SALES TAX
Small Fry Media and each affiliated merchant is required to charge sales tax on items sold to customers who reside or maintain a “presence” in the same state where the merchant has a “presence.” Small Fry Media only maintains a “presence” in Clark County, Washington .

39. NOTICES
Except for the copyright infringement notice as set forth in Section 17, any notice from you to Small Fry Media must be addressed to CS@SmallFryMedia.com or Small Fry Media, 13023 NE Hwy 99, Suite 7-52, Vancouver, WA 98686. This Service Agreement is in electronic form. There may be other information regarding the Service that the law requires us to send you. You consent to Small Fry Media's sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if you do, you must stop using this Service. We may provide required information to you by email at your registered mailing address or by access to a website designated in an email notice or generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date.


UPON YOUR SUBMISSION OF OUR REGISTRATION FORM OR USING ANY OF THE SMALL FRY MEDIA BRANDED WEBSITES, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

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terms of use