Terms of Service

(FMGEM Beta Policy is subject to change)

YouTube API usage, compliance and Terms

FMGEM uses the YouTube API service. FMGEM abides by the YouTube terms of service.

Your use of the service means you agree to the YouTube terms. If you do not agree please do not use the site.

View the YouTube terms YouTube Terms of Service

1.       General Provisions

By using or visiting the FMGEM website or any FMGEM products, software and services provided to you on, from, or through the FMGEM website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) the FMGEM Privacy Notice, which may be found at here and incorporated herein by reference.  If you do not agree to any of these terms or the FMGEM Privacy Notice, please do not use the Service.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version here.  FMGEM may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.  Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

The Service includes all aspects of FMGEM, including but not limited to all products, software and services offered via the FMGEM website, such as the FMGEM videoplayer, FMGEM playlist creation service, FMGEM playlist grid, Diamond Premium Subscription Service, Multi-Media-Pedia music discography services (Powered by fuhshniZZle™ and FMGEM, GemBoard sharing services, and other applications and features.

The Service obtains videos through third parties and contains links directly to the third party content providers.  These include YouTube™, SoundCloud™, DailyMotion™, Vimeo™, AOL ON Net™ and potentially others ("Third Party Content Providers") . The Service also provides musical artist discography services, powered by Discogs™; biographical and artist detail information, powered by Last.fm™; sign in features powered by Google™; Twitter™, and Facebook™; translation services powered by Google; and upon your consent, access to and from social network services such as Facebook, Google+™, Twitter, Pinterest™, or others.

Payments and financial transactions for Diamond Premium Subscription Services, are processed by PayPal™ and EC Suite™.

Therefore, the Service provides content and contains links to Third Party Content Providers that are not owned or controlled by FMGEM.  FMGEM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Content Providers .  In addition, FMGEM will not and cannot censor or edit the content of any video or third-party site. 

WARNING:  Some of the Third Party Content Providers may result in the Service rendering content that contains material, nudity, profanity, and mature subject matters which you may not be comfortable with or find appropriate.  You agree to use the Service at your own risk.  If you are under 18 (or your country's legal age to view such content) do not view such content. 

AGE REQUIREMENT: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.   In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.  If you are under 13 years of age, then please do not use the Service.  If you are at least 13, but are still a minor, you must have your parent or legal guardian's permission to use the Service.  Please have them read these Terms of Service with you.  By granting your child permission to use the Service, you agree to these terms on behalf of your child. You are responsible for monitoring and supervising your child's use of the Service, which may provide access to Third Party Content Providers which may contain material, nudity, profanity, and mature subject matters . If your child is using the Service and is either under 13 or does not have your permission, please restrict access to the Service.

By using the Service, you expressly relieve FMGEM from any and all liability arising from your use of any third-party website.  Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.   For your convenience, we have provided links to many of our third party providers below:

Windows Live Privacy Policy

Facebook Privacy Policy    

Google Services Privacy Policy

Twitter Privacy Policy

SoundCloud Terms of Service

SoundCloud Privacy Policy

DailyMotion Terms of Service

DailyMotion Privacy Policy

Vimeo Terms of Service

Vimeo Privacy Policy

AOL Terms of Service

AOL Privacy Policy

Pinterest Privacy Policy

Google AdSense Privacy Policy

Discogs.com Privacy Policy

Discog.com Terms of Service

Lyrics Wikia Privacy Policy

Last.fm Privacy Policy

PayPal Privacy Policy         

PayPal User Agreement

EC Suite Consumer Privacy Policy          

EC Suite Consumer Terms And Conditions

EC Suite Search/Cancel a Subscription

CloudFlare Privacy Policy

Amazon.com Privacy Policy

Amazon AWS Privacy Policy

You also acknowledge and accept that any of the third party providers can discontinue their relationship with FMGEM at any time, rending those services inoperable.   This includes third party services on which FMGEM is wholly dependent, such as YouTube, SoundCloud, Vimeo, DailyMotion and AOL.  

Further, FMGEM, through its interface with Third Party Providers, and through its search, powered by Amazon; obtains all media content from third party websites.  ALL CONTENT ADDED TO ANY PLAYLIST COMES FROM YOUTUBE – THEREFORE, ALL INTELLECTUAL PROPERTY AND IN-VIDEO ADVERTISEMENTS ARE GOVERNED BY YOUTUBE’S POLICIES AND PROCEDURES.  IF YOU ARE A COPYRIGHT OWNER OR AN AGENT THEREOF AND BELIEVE THAT ANY CONTENT INFRINGES UPON YOUR COPYRIGHTS, PLEASE REMOVE THE VIDEO, ADVISE OR REPORT THE VIDEO TO YOUTUBE.   REMOVAL OF THE CONTENT FROM YOUTUBE WILL EFFECTIVELY ELIMINATE ANY UNINTENDED INFRINGEMENTS.  For your convenience, you may report violations to::

     YouTube at: http://www.youtube.com/t/dmca_policy .

     SoundCloud at: https://soundcloud.com/pages/copyright/report

     DailyMotion at: http://www.dailymotion.com/legal/copyright

     Vimeo at: http://vimeo.com/dmca

     AOL at: http://legal.aol.com/copyright-reporting/

Further, the Service may contain advertisements by third parties unrelated to FMGEM or its affiliated service, MultiTask123.   FMGEM has no control over, and assumes no responsibility for, the policies or practices of any third party advertisers and does not recommend or endorse in any way any third party advertiser.

Additionally, for content that is covered by intellectual property rights, like images, photos and/or videos (IP content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you create on the Service, including but not limited to FMGEM playlists, GemBoards and Multi-Media-Pedia (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it – in which case the Service has no control over your IP Content that you have placed in the public domain, via electronic sharing.

2.       Use of the Services by You

You agree to use the Service only for purposes that are permitted by (a) the Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.  You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by FMGEM, unless you have been specifically allowed to do so in a separate agreement with FMGEM.  You specifically agree not to access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers), or through the use of iframes, and shall ensure that you comply with the instructions set out in any robots.txt file present on the Service. 

You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers/networks which are connected to the Service).  You agree that you are solely responsible for (and that FMGEM has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which FMGEM may suffer) of any such breach.

When utilizing FMGEM, either Freemium or Diamond, you may elect to log in to various social networks and services, such as Facebook™, Google+™, Twitter™, Pinterest™, or others.

Your various social service providers have their own privacy policies and terms of use, and FMGEM has no involvement with them and is not responsible for how they utilize your information.   For your convenience, we have provided links to our social sign in options’ privacy policies below:

Windows Live Privacy Policy

Facebook Privacy Policy    

Google Services Privacy Policy

Pinterest Privacy Policy

SoundCloud Privacy Policy

DailyMotion Privacy Policy

Vimeo Privacy Policy

AOL Privacy Policy

 

IMPORTANT PRIVACY INFORMATION ADVISORY::

FMGEM is a SOCIAL site and by Registering an account, you agree that your Profile, your played Videos and your saved Playlists will be part of the FMGEM community. This means your activities will be viewable in the FMGEM Video and Playlist Feeds, its Video and Playlist Search Results and that other Registered users may follow you, which allows them to view your played videos and playlists. Your Profile will also be searchable and viewable to other Registered users (Note: Profiles only consist of your user name, avatar (if you have one) and the history of your played Videos and saved Playlists). Please be aware that social features are subject to change and by using the Service, you explicitly agree to be a part of the FMGEM community as it evolves, changes or is otherwise modified.

IF YOU DO NOT WANT TO BE SOCIAL, DO NOT REGISTER AN ACCOUNT. Unregistered users may use the FMGEM Freemium Service completely anonymously to search videos and albums and load the queue with videos. However, unregistered users cannot save playlists, nor participate with the FMGEM community. Unregistered users may not follow Registered users nor join FMGEM's Diamond Premium Service.

Freemium Service

There is no need to sign up, log in or otherwise provide any personal information for use of the Freemium Service.   There are no charges required to utilize the Freemium Service and no credit card is required.   Freemium consumers may use the Service to search, create and play a music video playlist.  

Freemium consumers may share the playing video to various social networks, and may share the default FMGEM playlist to their various social networks or a search query parameter.   However, unregistered Freemium consumers cannot save a playlist to the cloud for viewing at a later time or on a different computer/browser combination.   Freemium consumers cannot share the playlist on social networks.   The Freemium Service may include advertisements.

Freemium consumers may register with FMGEM via either a social Log In (such as Facebook, Twitter or Gmail) or via FMGEM's registration system. Information may be collected by FMGEM during the registration process consistent with our Privacy Policy. Registered Freemium consumers may save playlists on FMGEM (the number of free playlists may be restricted by FMGEM) may share their playlists via social networks, e-mail or other means. The Freemium Service may include advertisements.

In the future, the Service may offer mobile apps and/or mobile optimized content of different varieties or other services and products.   The Freemium Service may include limitations of use of these additional services.

Premium Subscription Service (“Diamond")

You may upgrade your service to a Diamond Premium Subscription Service for a recurring monthly fee.   (The "REFRESH” feature may be required to pull the latest saved playlists to any particular computer/browser).  Diamond members will not be required to experience FMGEM generated advertisements (this does NOT include advertisements contained inside the videos rendered through the Third Party Content Providers).   Diamond members may share their playlists to their social networks.  

In the future, the Service may offer mobile apps and/or mobile optimized content of different varieties or other services and products, including Gem Board, a social site for saving and posting videos and/or playlists.   The Diamond members may have unlimited use of these additional services.

FMGEM’s Diamond service requires you to Register and Log In through one of a number different social and/or email options (i.e., Facebook, Google, etc.) or through FMGEM's own registration system, as a prerequisite for joining Diamond.    

3.       Term, Fees and Paymentss

Applicable fees for the Service may include a 30 calendar day recurring subscription fee (hereinafter known as the “Monthly” subscription), and if applicable, transaction fees taxes.

You may upgrade your service to an unlimited use account (“Diamond”) for a recurring monthly fee.   By registering for Diamond, you agree that you will pay the applicable fees for the Service and your date of registration will be your Activation Date.   Your subscription term is 30 days, recurring automatically.  

Subscription fees entitle the member to Diamond service for the subscription period.  Generally if the member requests termination, subscription fees are not refundable, though the member may continue to use Diamond service until the end of the agreed upon subscription period.  Refunds requests will be considered on a case by case basis.  However, should a refund be issued, it will be credited solely to the payment method used by the member in the original transaction.  No refunds will be issued as cash, check or to another credit card.  You expressly assume and accept the risk that third party providers, including those FMGEM is wholly dependent upon, could interrupt or terminate their services and/or features, resulting in disruption, interruption or termination of the Service.   You expressly accept that the Monthly subscription fee will not be refunded or prorated in the event of disruption, interruption or termination of any and all services of FMGEM due to third party content provider actions.

As of September 2013:

Monthly subscription:   $9.99/month + Tax (if applicable)

Automatic Subscription Renewal

Unless you notify us (through the Third-Party Billing Method of your choice) of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term.   Your renewed subscription will have the same duration as the subscription being renewed (e.g. Monthly).   At the time of renewal, your elected form of accepted payment will be charged at the fees for the applicable subscription.

Your Billing Date

Your elected form of accepted payment will be charged for the renewal term of your Service every Thirty (30) days.  

Mid-Subscription Term Termination

If you terminate the Service prior to the end of your subscription term, your account will remain active until the end of the applicable subscription term and you may continue to use the Service until such time. 

REFUNDS

ALL FEES PAID AND CHARGES MADE PRIOR TO TERMINATION AS PROVIDED HEREIN, INCLUDING ANY ADVANCE CHARGE OR PAYMENT FOR THE SUBSCRIPTION TERM DURING WHICH YOU TERMINATE YOUR SUBSCRIPTION, ARE GENERALLY NONREFUNDABLE. TERMINATION OF YOUR SUBSCRIPTION SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS TO PAY ACCRUED CHARGES.   IF YOU TERMINATE THE SERVICE PRIOR TO THE END OF YOUR SUBSCRIPTION TERM, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF THE APPLICABLE SUBSCRIPTION TERM AND YOU MAY CONTINUE TO USE THE SERVICE UNTIL SUCH TIME.  ALL REQUESTS FOR REFUND WILL BE HANDLED ON A CASE BY CASE BASIS.  

Your Diamond Account and Playlists Post-Termination

Once you have terminated Diamond Premium Services and your then current subscription period has expired, you will revert to a registered Freemium member, which may contain limitations on the number of playlists you may maintain on the service.  You may find you no longer have access to some or any of your playlists (your stored playlists) through the FMGEM web site.  

However, we will keep your stored playlists on our system for a short period of time (no less than 60 days) and if you choose to re-join you may revive access to all your previously saved playlists.   In order for you to revive your old account, you must sign in with the same Sign In method and utilized the same financial services provider you had used when creating your original Diamond Premium Services account.

Even if you cancel, you may continue to enjoy FMGEM Freemium services, which allow creation of great video playlists.   But will not allow you to save playlists beyond the Freemium tier.

Methods of Payment and Credit Card Terms

All payments must be made via a form of payment acceptable to the chosen third-party billing system. You agree to pay all fees and charges incurred in connection with your subscription and its password (including any applicable taxes) at the rates in effect when the charges were incurred..   If FMGEM does not receive payment from your elected form of accepted payment, you agree to pay all amounts due upon demand by FMGEM.

If your state or country requires payment of sales or VAT taxes, those taxes will be charged in addition to the monthly subscription fee.  The monthly subscription fee is determined in U.S. dollars and therefore, if paying with other forms of currency, your monthly charge may vary with the currency exchange rates.

By using the Service, you expressly relieve FMGEM from any and all liability arising from PayPal and EC Suite payment processing.   Accordingly, we encourage you to be aware of their terms and conditions and privacy policies.

Late Payments

Your account may be reduced to a Freemium account without notice to you if payment is past due, regardless of the dollar amount.   You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription to the Service.

Taxes

If the tax rate should change before the transaction is completed, the new tax rate in effect will apply.   FMGEM cannot accept exemption certificates for purchases made online.

Modifications to Fees or Billing Terms

FMGEM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS .   If any such change is unacceptable to you, you may terminate your subscription by contacting customer service at the payment processor used to set up the account.   Your continued use of the Service following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.

YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO FMGEM TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT, THE APPLICATION OR SERVICE(S) YOU USE.

Third Party Providers

For your convenience, we have provided the following links:

PayPal Privacy Policy         

PayPal User Agreement

EC Suite Consumer Privacy Policy          

EC Suite Consumer Terms And Conditions

EC Suite Search/Cancel a Subscription

4.       Termination

 Termination by You

Unless you notify us (through the Third-Party Billing Method of your choice) of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term.   To cancel your subscription to any of the Services, please visit the Account section of the Service.   Links will be provided for the various third-party payment processing partner to assist you with cancellation.

Once you have terminated your subscription, we will stop billing your elected form of accepted payment.  All fees paid and charges made prior to termination as provided herein are nonrefundable, including any advance charge or payment for the subscription term during which you terminate your subscription.

If you terminate the Service prior to the end of your subscription term, your account will remain active until the end of the applicable subscription term and you may continue to use the Service until such time.  Refunds are generally not provided for mid-term termination.

 Unintended/Ancillary Termination by You

Because you may Sign In to the Service via your Google or Facebook accounts, the Social Sign In method you choose at time of joining Diamond becomes the controlling user method.   If you should cancel or change the third party account you use to Sign In to the Service, FMGEM cannot resurrect or transfer your playlists to a new Sign In method or account.  

(For example, if you log in with gmail account JoeFriday@G, join Diamond, and a month later close out the gmail account, we will not guarantee that we can find you in our system.   Should this occur, and you wish to continue with Diamond Service, you may have to cancel your old account, and create a new account.   We will attempt to transfer your saved playlists to the new account, but cannot guarantee success.

 Termination by FMGEM

You agree that FMGEM, in its sole discretion, with or without prior notice, may freeze or terminate your Diamond account, user name, password or use of the Service for any reason, including, without limitation, if FMGEM believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service.  FMGEM may also in its sole discretion and at any time modify or discontinue providing the Service, or any part thereof, with or without notice.  Further, you agree that FMGEM shall not be liable to you or any third-party for any interference with or termination of your access to the Service.

5.        Your Account Information

In order to access some features of the Service, you will have to create a FMGEM account. You may never use another's account without permission.  When creating your account, you must provide accurate and complete information. 

You may update any of your account information, designate a different form of accepted payment to be billed, or change the applicable expiration date on your currently designated credit card or other billing method by selecting the "Account Settings" section of the page and then clicking the appropriate link in the Account Setting section.

We shall treat all of your Account Information with the utmost respect for its confidential nature, and in accordance with our Privacy Policy, which is expressly incorporated herein by reference.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service.  Accordingly, you agree that you will be solely responsible to FMGEM for all activities that occur under your account.  If you become aware of any unauthorized use of your password or of your account, you agree to notify FMGEM immediately at Customer Service .

For information about FMGEM’s data protection practices, please read the FMGEM Privacy Policy.   This policy explains how FMGEM treats your personal information, and protects your privacy, when you use the Services.

You agree to the use of your data in accordance with the FMGEM privacy policies.  Although FMGEM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FMGEM or others due to such unauthorized use

6.       Intellectual Property Rights

FMGEM and its licensors retain exclusive ownership of the Service and all intellectual property rights associated therewith.  Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service.  FMGEM and its licensors reserve all rights not expressly granted hereunder.  You shall promptly notify FMGEM in writing upon your discovery of any unauthorized use or infringement of the Service or any patent, copyright, trade secret, trademarks or other intellectual property rights of FMGEM or its licensors.  The Service contains proprietary information that is protected by copyright laws and international treaty provisions.

FMGEM expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your service immediately for your failure to comply with any such local, state or federal law.

7.       Technology Limitations and Modifications to Service

FMGEM will make reasonable efforts to keep your account and the Service operational.  However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.  FMGEM will make reasonable efforts to notify you in advance of any anticipated downtime that will exceed one hour.

FMGEM also reserves the right to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice. As stated above, you also acknowledge and accept that any of the third party providers can discontinue their relationship with FMGEM at any time, rending those services inoperable.   This includes third party services on which FMGEM is wholly dependent, such as YouTube, SoundCloud, DailyMotion, Vimeo, AOL and Discogs.com.  FMGEM shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Service.

8.       Advertisements

Some of the Service may be supported by advertising revenue and may display advertisements and promotions.  These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information.  The manner, mode and extent of advertising by FMGEM on the Service are subject to change without specific notice to you.   In consideration for FMGEM granting you access to and use of the Service, you agree that FMGEM may place such advertising on the Service.

You shall not, and shall not authorize or encourage any third party to directly or indirectly click on any advertisements for the purposes of deception, fraud or other invalid and nefarious purposes.   You shall not perform or cause to be performed, repeated manual clicks on ads, use of robots or other automated click methods.   You will not edit, modify, or misappropriate and information contained in any Ad, Link, Ad Unit, or other advertising method or content.  

You acknowledge that any attempted participation or violation of the advertising policy is a material breach of these Terms of Service and will result in the suspension of your use of the Service and/or termination of your Diamond membership.

9.       Other Content

The Service may include hyperlinks to other web sites or content or resources.  FMGEM may have no control over any web sites or resources which are provided by companies or persons other than FMGEM.  You acknowledge and agree that FMGEM is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.  You acknowledge and agree that FMGEM is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

10.      Log Files

Like many other Web sites, www.FMGEM.com makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable. 

11.      Use of Cookies

Cookies are pieces of text sent from a web server and retained by your web browser for purposes of storing site preferences. Like other major websites, FMGEM uses cookies to provide you with a tailored experience, which may include storing information about visitors' preferences, recording user-specific information on which pages the user access or visit, customizing page content based on visitors browser type or other information that the visitor sends via their browser.  The cookies also enhance performance of the site.   We do NOT store this information in any database or other persistent storage medium. FMGEM simply does not care what you search.

FMGEM may also use cookies to authorize access to certain premium or trial content and product features.   FMGEM and MultiTask123 treat any Personal Information that may be contained in cookies with the same level of confidentiality as other information you provide to FMGEM and MultiTask123.

12.      DoubleClick DART Cookie 

Google, as a third party vendor, uses cookies to serve ads on FMGEM.   Google's use of the DART cookie enables it to serve ads to users based on their visit to FMGEM and other sites on the Internet.  Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL - http://www.google.com/privacy_ads.html  

Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners include Google Adsense, Clickbank and Amazon.   These third-party ad servers or ad networks use technology to the advertisements and links that appear on FMGEM send directly to your browsers. They automatically receive your IP address when this occurs. Other technologies (such as cookies, JavaScript, or Web Beacons) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see. 

FMGEM has no access to or control over these cookies that are used by third-party advertisers.  You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.   FMGEM’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. 

If you wish to disable cookies, you may do so through your individual browser options.   More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites.   FMGEM does not require that you accept cookies; however, some functionality on the website will be disabled if you decline to accept cookies.

13.     Disclaimer of Warranty

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK.  THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE OR IT'S OPERATION.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FMGEM, IT'S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

FMGEM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; FMGEM

FMGEM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR 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 THE SERVICES.

FMGEM 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 SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FMGEM 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.

14.     Limitation of Liability

YOU ASSUME AND RETAIN THE ENTIRE RISK ARISING OUT OF USE AND/OR PERFORMANCE OF THE SERVICE.  IN NO EVENT SHALL FMGEM OR IT’S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION - DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THESE TERMS OF SERVICE, OR THE USE OF, OR INABILITY TO USE, ANY SERVICE, EVEN IF FMGEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL FMGEM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PARENT OR AFFILIATED ENTITIES AND ITS LICENSOR(S) BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SERVICE.

YOU SPECIFICALLY ACKNOWLEDGE THAT FMGEM SHALL NOT BE LIABLE FOR THE CONTENT 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.

15.     Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold FMGEM or its officers, directors, employees, and agents parent or affiliated entities and its licensor(s) harmless from any claim or demand, damages, obligations, losses, liabilities, costs or debt, and expenses, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of these Terms of Service, your use, access and/or abuse of the Service, or your violation of any law, regulation or third-party right, including without limitation any copyright, property, or privacy right.  This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

16.     Language

Where FMGEM has provided you with a translation of the English language version of the Terms of Service, you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Service will govern your relationship with FMGEM.

If there is any contradiction between what the English language version of the Terms of Service says and what a translation says, then the English language version shall take precedence.

17.     Governing Law

These Terms of Service shall be governed by the laws of the State of Nevada, United States of America, without regard to or application of any choice of law or conflict of law provisions. You consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Las Vegas, Nevada and waive any objection as to inconvenient forum.

In the event of litigation, as defined by the filing of a legal complaint in any forum or jurisdiction arising out of the Service, or these Terms of Service, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

18.     Miscellaneous

No delay or failure to take action under these Terms of Service shall constitute any waiver by FMGEM of any provision of these Terms of Service.

If any provision of these Terms of Service is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms of Service will bind and inure to the benefit of each party's permitted successors and assigns.  FMGEM may assign this agreement as it deems appropriate for any reason at any time. These Terms of Service are personal to you and may not be transferred, assigned or delegated to anyone.  Any attempt by you to assign, transfer or delegate them shall be null and void.  These Terms of Service constitutes the complete and exclusive agreement between FMGEM and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Contact Us

If you have questions about the Terms of Service or would like to make a complaint, please contact:

FMGEM - Terms of Service

9030 West Sahara Ave.

Suite 218

Las Vegas, NV 89117

Contact Us

______________________

September 27, 2013